Amendment to the Securities Purchase Agreement. Section 1.3(b) is hereby amended and restated to read in its entirety as follows:
Amendment to the Securities Purchase Agreement. The Purchase Agreement ---------------------------------------------- shall be and hereby is amended as follows:
Amendment to the Securities Purchase Agreement. The first sentence of Section 3.01(a) of the Securities Purchase Agreement is hereby amended and restated in its entirety to read as follows: Subject to Section 3.03(e), for a period of fifteen (15) months following the First Rights Offering Trigger Date, the Investor shall have the right, but not the obligation, exercisable by a written notice (the “First Rights Offering Notice”) to the Company in accordance with Section 10.02, to require the Company to make a pro rata offering (the “First Rights Offering”) to all holders of Company Common Stock (including the Investor and its affiliates) of non-transferable subscription rights (the “First Rights”) entitling the holders thereof to purchase shares of Company Common Stock, on the terms set forth herein, (i) in an aggregate amount equal to the First Rights Offering Amount, and (ii) at a price per share (the “First Rights Offering Price”) to be designated by the Investor at any time on or after delivery of the First Rights Offering Notice and before the establishment of the record date for the distribution of the First Rights to the Company’s stockholders (provided that the establishment of such record date shall not be prior to the time the First Rights Offering Registration Statement shall have been declared effective by the SEC) by written notice (the “First Rights Offering Pricing Notice”) to the Company in accordance with Section 10.02; provided that the First Rights Offering Price shall be any price (A) at or above the lower of $4.50 (as adjusted for any stock splits, reverse splits, stock dividends, combinations or similar transactions occurring after the date hereof and prior to the First Rights Offering) and the average of the volume weighted average trading prices of the Company Common Stock on the Nasdaq Stock Market for the ten (10) full trading days immediately prior to the date of the First Rights Offering Pricing Notice (the “First Rights Offering Market Price”) and (B) at or below the higher of $4.50 (as adjusted for any stock splits, reverse splits, stock dividends, combinations or similar transactions occurring after the date hereof and prior to the First Rights Offering) and the First Rights Offering Market Price.
Amendment to the Securities Purchase Agreement. Each Investor and the Company hereby agree that, effective upon the Initial Closing, the Securities Purchase Agreement be, and hereby is, amended by deleting Section 4.9 of the Securities Purchase Agreement and each Investor and the Company hereby acknowledge and agree that the rights, duties, benefits and obligations of each Investor and the Company under such Section 4.9 shall be of no further force and effect from and after the Initial Closing.
Amendment to the Securities Purchase Agreement. Subject to the terms and conditions of this Agreement.
Amendment to the Securities Purchase Agreement. As of the Effective Date:
Amendment to the Securities Purchase Agreement. The Securities Purchase Agreement is hereby amended as set forth in Exhibit B hereto, including to delete the stricken text (indicated textually in the same manner as the following example: stricken text) and to add the double-underlined text (indicated textually in the same manner as the following example: double-underlined text). Each reference to the Securities Purchase Agreement in the Transactions Documents shall be deemed to be a reference to the Securities Purchase Agreement as amended hereby. In the event of a Material Breach, the amendments to the Securities Purchase Agreement pursuant to this Section 3 shall be void ab initio and the Note shall be in full force and effect as written immediately prior to giving effect to this Section 3.
Amendment to the Securities Purchase Agreement. 1.1 Amendment to the Securities Purchase Agreement. Effective upon the execution of this Amendment by the Borrower, Holdings and the Purchasers and the satisfaction of the conditions precedent set forth in Article 2 hereof, the parties hereto agree to amend the Securities Purchase Agreement as follows: Capital Expenditures. Section 9.05 (Capital Expenditures) is amended by substituting for the schedule contained therein the following schedule: MAXIMUM CAPITAL FISCAL YEAR EXPENDITURES ----------- --------------- 2002 10,600,000 2003 12,400,000 2004 12,100,000 2005 12,100,000 2006 12,100,000
Amendment to the Securities Purchase Agreement. With effect as from the date hereof, the Securities Purchase Agreement is amended as follows:
Amendment to the Securities Purchase Agreement a. Section 1(c)(ii)(a) of the Securities Purchase Agreement is hereby deleted in its entirety and replaced with the following:
