New Section 6. 18. The following new Section 6.18 is hereby added to the Contribution Agreement:
New Section 6. 11. The following provision is added as a new Section 6.11 to the Separation Agreement:
New Section 6. 3. The Existing 364-Day Credit Agreement is hereby amended by adding a new Section 6.3 as follows:
New Section 6. 20. A new Section 6.20 is added to the end of Article VI thereof to read in full as follows:
New Section 6. 14. New section 6.14 is hereby added to the Loan Agreement, is deemed inserted to follow immediately after Section 6.13, which new section shall be denominated as “Section 6.14. Success Fee”, and which section shall read as follows:
New Section 6. 16. New section 6.16 is hereby added to the Loan Agreement, is deemed inserted to follow immediately after Section 6.15, which new section shall be denominated as “Section 6.16. Covenant Regarding Investor Bridge”, and which section shall read as follows:
New Section 6. 33. Article VI of the Credit Agreement is hereby amended by inserting the following as a new Section 6.33: “In the event that the real property underlying an Eligible Project is subject to foreclosure or pre-foreclosure proceedings, Borrower shall (a) instruct a competent third party service provider to file in respect of such Eligible Project (other than (i) provided that a Qualifying California Code remains in effect in the State of California, any Eligible Project located in the State of California and (ii) any Eligible Project that is a Fixture Filing System) a fixture filing against the applicable Customer and the applicable property in respect of such Eligible Project in the filing office designated by Section 9-501 of the applicable Uniform Commercial Code within five (5) Business Days of the date on which the Borrower or any of its Affiliates obtains actual knowledge of such proceedings, and (b) cause such filing to be made no later than the earlier of (i) thirty (30) days after such instruction is delivered and (ii) ninety (90) days after the Borrower or any of its Affiliates obtains actual knowledge that the real property underlying an Eligible Project has become subject to foreclosure or pre-foreclosure proceedings; provided that any failure to comply with this Section 6.33 in any single instance shall not be deemed a breach of this Section 6.33 unless and until such failure, together with any prior failures, has occurred within the preceding twelve (12) month period with respect to twenty-five (25) or more Eligible Projects .”
New Section 6. 2 (n). Section 6 of the Merger Agreement is hereby amended by inserting a new Section 6.2(n) to read as follows:
New Section 6. 13. A new Section 6.13 shall be added to the Loan Agreement as follows:
New Section 6. 15(e) to the Existing Credit Agreement is hereby added to read in its entirety as follows:
