Common use of Amendment to Section 9.3 Clause in Contracts

Amendment to Section 9.3. The second paragraph of Section 9.3 of the Agreement is hereby amended to read in its entirety as follows: “Notwithstanding the foregoing, with respect to the Extension Period, the Managing Member shall be required to prepare and deliver to each Member only the following reports: (i) on or before August 15, 2004, August 15, 2005 and August 15, 2006, an unaudited balance sheet as of June 30, 2004, June 30, 2005 and June 30, 2006, respectively, and an income statement for the Company for the respective six-month periods then ended, accompanied by a report on any material developments in existing investments which occurred during such six-month periods, (ii) on or before August 15, 2004, August 15, 2005 and August 15, 2006, a statement showing the balance in each Member’s Capital Account as of June 30, 2004, June 30, 2005 and June 30, 2006, respectively, and a reconciliation of such balance, (iii) on or before February 15, 2005 and February 15, 2006, an unaudited balance sheet as of December 31, 2004 and December 31, 2005, respectively, and an income statement for the Company for the six-month periods then ended, accompanied by a report on any material developments in existing investments which occurred during such six-month periods, (iv) on or before February 15, 2005 and February 15, 2006, a statement showing the balance in each Member’s Capital Account as of December 31, 2004 and December 31, 2005, respectively, and a reconciliation of such balances, (v) on or before December 31, 2004 and December 31, 2005, such other information, reports and forms as are necessary to assist each Member in the preparation of its federal, state and local tax returns for the year ending July 31, 2004 and July 31, 2005, respectively, (vi) on or before September 30, 2006, such other information, reports and forms as are necessary to assist each Member in the preparation of its federal, state and local tax returns for the year ending July 31, 2006, and (vii) on or before September 30, 2006, such other information regarding existing investments and portfolio companies as any Member shall reasonably request.”

Amendment to Section 9.3. The second paragraph of Section 9.3 of the Agreement is hereby amended to read in its entirety as follows: “Notwithstanding the foregoing, with respect to the Extension Period, the Managing Member shall be required to prepare and deliver to each Member only the following reports: (i) on or before August 15, 2004, August 15, 2005 2005, August 15, 2006, August 15, 2007 and August 15, 20062008, an unaudited balance sheet as of June 30, 2004, June 30, 2005 2005, June 30, 2006, June 30, 2007 and June 30, 20062008, respectively, and an income statement for the Company for the respective six-month periods then ended, accompanied by a report on any material developments in existing investments which occurred during such six-month periods, (ii) on or before August 15, 2004, August 15, 2005 2005, August 15, 2006, August 15, 2007 and August 15, 20062008, a statement showing the balance in each Member’s Capital Account as of June 30, 2004, June 30, 2005 2005, June 30, 2006, June 30, 2007 and June 30, 20062008, respectively, and a reconciliation of such balance, (iii) on or before February 15, 2005 2005, February 15, 2006, February 15, 2007 and February 15, 20062008, an unaudited balance sheet as of December 31, 2004 2004, December 31, 2005, December 31, 2006 and December 31, 20052007, respectively, and an income statement for the Company for the six-month periods then ended, accompanied by a report on any material developments in existing investments which occurred during such six-month periods, (iv) on or before February 15, 2005 2005, February 15, 2006, February 15, 2007 and February 15, 20062008, a statement showing the balance in each Member’s Capital Account as of December 31, 2004 2004, December 31, 2005, December 31, 2006 and December 31, 20052007, respectively, and a reconciliation of such balances, (v) on or before December 31, 2004 2004, December 31, 2005, December 31, 2006 and December 31, 20052007, such other information, reports and forms as are necessary to assist each Member in the preparation of its federal, state and local tax returns for the year ending July 31, 2004 2004, July 31, 2005, July 31, 2006 and July 31, 20052007, respectively, (vi) on or before September 30, 20062008, such other information, reports and forms as are necessary to assist each Member in the preparation of its federal, state and local tax returns for the year ending July 31, 20062008, and (vii) on or before September 30, 20062008, such other information regarding existing investments and portfolio companies as any Member shall reasonably request.”