APPLICABILITY OF ORIGINAL AGREEMENT. The provisions of the Original Agreement are hereby ratified, approved and confirmed, except as otherwise expressly modified by this Amendment. The representations, warranties and covenants contained in the Original Agreement (except as expressly modified herein) are hereby reaffirmed with the same force and effect as if fully set forth herein and made again as of the date hereof.
APPLICABILITY OF ORIGINAL AGREEMENT. Except as specifically modified or supplemented by this Phase A Implementation Agreement, the Original Agreement remains in full force and effect. [Signatures for Phase A Implementation Agreement begin on following page.]
APPLICABILITY OF ORIGINAL AGREEMENT. 5 THIS FIRST AMENDMENT TO WAREHOUSE NOTE PURCHASE AND SECURITY AGREEMENT (the "Amendment") is made as of September 1, 2000, among: NHELP-III, INC., a corporation duly organized under the laws of the state of Nevada (the "Issuer"); DELAWARE FUNDING CORPORATION, a Delaware corporation ("DFC"); THREE RIVERS FUNDING CORPORATION, a Delaware corporation ("TRFC"); MORGAN GUARANTY TRUST COMPANY OF NEW YORK, a New York banking corporxxxxx, as DFC Agent (in such capacity, the "DFC Agent") and Administrative Agent (in such capacity, the "Administrative Agent"); MELLON BANK, N.A., a national banking association, as TRFC Agent (the "TRFC Agent") and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, a national banking xxxxciation, as eligible lender and successor trustee (the "Trustee").
APPLICABILITY OF ORIGINAL AGREEMENT. 5 THIS FIFTH AMENDMENT TO WAREHOUSE LOAN AND SECURITY AGREEMENT (the "Amendment") is made as of September 1, 2000, among: NHELP-I, INC., a corporation duly organized under the laws of the state of Nevada (the "Borrower"); CONCORD MINUTEMEN CAPITAL COMPANY, LLC, a Delaware limited liability company ("Concord"); and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, a national banking xxxxxiation, as eligible lender and successor trustee (the "Trustee").
APPLICABILITY OF ORIGINAL AGREEMENT. 4 THIS SECOND AMENDMENT TO WAREHOUSE NOTE PURCHASE AND SECURITY AGREEMENT (the "Amendment") is made as of September 12, 2002, among: NHELP-III, INC., a corporation duly organized under the laws of the state of Nevada (the "Issuer"); DELAWARE FUNDING CORPORATION, a Delaware corporation ("DFC"); THREE RIVERS FUNDING CORPORATION, a Delaware corporation ("TRFC"); JPMORGAN CHASE BANK, a New York banking corporation and successor to Morgan Guaranty Trust Company of New York, as DFC Agent (in such capxxxxx, the "DFC Agent") and Administrative Agent (in such capacity, the "Administrative Agent"); MELLON BANK, N.A., a national banking association, as TRFC Agent (the "TRFC Agent") and WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, a national banking xxxxciation and successor to Norwest Bank Minnesota, National Association, as eligible lender and successor trustee (the "Trustee").
APPLICABILITY OF ORIGINAL AGREEMENT. Except as specifically modified or supplemented by this Implementation Agreement, the Original Agreement remains in full force and effect. In the event of conflict between the Original Agreement and this Implementation Agreement (or any of the Exhibits attached hereto), this Implementation Agreement (and the Exhibits) shall control. In the event of a conflict between the provisions of the AHA and the provisions of the Manchester Ground Lease, Manchester Promissory Note, Manchester Deed of Trust, Regulatory Agreement, Agency HAP Commitment, or other document or instrument implementing the AHA, the documents executed after the date of the AHA shall control. In the event of a conflict between this Implementation Agreement and the Manchester Ground Lease, the Manchester Ground Lease shall control. [Implementation Agreement continues on following page.]
