Common use of PSA Amendment Clause in Contracts

PSA Amendment. (a) Section 3.01 of the PSA is hereby amended by deleting the words, “Forty-Six Million Dollars ($46,000,000.00)” and replacing such words with “Forty-Seven Million Dollars ($47,000,000.00)”. (b) Section 3.02(a) of the PSA is hereby amended by deleting the section in its entirety and replacing it with the following language: Prior to the execution of this Agreement, Buyer deposited by wire transfer in same day funds with Seller the sum of Two Million Three Hundred Thousand Dollars ($2,300,000.00) (the “Initial Deposit”). Before end of business on July 31, 2013, Buyer deposited by wire transfer in same day funds with Seller the sum of One Million One Hundred Fifty Thousand Dollars ($1,150,000.00) (the “Additional Deposit”). Before end of business on August 16, 2013, Buyer deposited by wire transfer in same day funds with Seller the sum of One Million One Hundred Fifty Thousand Dollars ($1,150,000.00) (the “Extension Deposit”, together with the Initial Deposit and the Additional Deposit, the “Deposit”). If Closing occurs, the Deposit shall be applied toward the Purchase Price at the Closing. US 2063638v.1 (c) Section 9.01 of the PSA is hereby amended by deleting the words, “August 16, 2013; with an additional option to extend to August 30, 2013” and replacing such words with “September 20, 2013”. (d) Section 11.01(b) of the PSA is hereby amended by deleting the words, “August 16, 2013, to be extended to August 30, 2013 pursuant to the Seller Elected Option.” and replacing such words with “September 20, 2013”.

PSA Amendment. (a) Section 3.01 9.01 of the PSA is hereby amended by deleting the words, “Forty-Six Million Dollars ($46,000,000.00)July 31, 2013” and replacing such words with “Forty-Seven Million Dollars ($47,000,000.00)”August 16, 2013; with an additional option to extend to August 30, 2013” as described below. (b) Section 3.02(a) of the PSA is hereby amended by deleting the section in its entirety and replacing it with the following language: Prior to the execution of this Agreement, Buyer deposited by wire transfer in same day funds with Seller the sum of Two Million Three Hundred Thousand Dollars ($2,300,000.00) ), representing 5% of the Purchase Price (the “Initial Deposit”). Before end of business on July 31, 2013, Buyer deposited shall deposit by wire transfer in same day funds with Seller the an additional sum of One Million One Hundred Fifty Thousand Dollars ($1,150,000.00) ), representing an additional 2.5% of the Purchase Price (the “Additional Deposit”). Before end of business on August 16, 2013, Buyer deposited by wire transfer in same day funds with Seller the sum of One Million One Hundred Fifty Thousand Dollars ($1,150,000.00) (the “Extension Deposit”, together with the Initial Deposit and the Additional DepositExtension Deposit (if applicable), the “Deposit”). If Closing occurs, the Deposit shall be applied toward the Purchase Price at the Closing. US 2063638v.1 (c) Section 9.01 At the election of Buyer, the PSA is hereby amended by deleting the words, “August 16, 2013; with an additional option to extend closing date can be extended to August 30, 2013” and replacing such words 2013 with the payment of an additional One Million One Hundred Fifty Thousand Dollars ($1,150,000.00) (the “September 20Extension Deposit”) to Seller no later than the end of business on August 16, 20132013 (the “Seller Elected Option”). (dc) Section 11.01(b) of the PSA is hereby amended by deleting the words, “July 31, 2013” and replacing such words with “August 16, 2013, to be extended to August 30, 2013 pursuant to the Seller Elected Option.” and replacing such words with “September 20, 2013”.

PSA Amendment. (a) Section 3.01 of the PSA is hereby amended by deleting the words, “Forty-Six Seven Million Dollars ($46,000,000.0047,000,000.00)” and replacing such words with “Forty-Seven Million Two Hundred and Fifty Thousand Dollars ($47,000,000.0047,250,000.00)”. (b) Section 3.02(a) of the PSA is hereby amended by deleting the section in its entirety and replacing it with the following language: Prior to the execution of this Agreement, Buyer deposited by wire transfer in same day funds with Seller the sum of Two Million Three Hundred Thousand Dollars ($2,300,000.00) (the “Initial Deposit”). Before end of business on July 31, 2013, Buyer deposited by wire transfer in same day funds with Seller the sum of One Million One Hundred Fifty Thousand Dollars ($1,150,000.00) (the “Additional Deposit”). Before end of business on August 16, 2013, Buyer deposited by wire transfer in same day funds with Seller the sum of One Million One Hundred Fifty Thousand Dollars ($1,150,000.00) (the “Extension Deposit”). Before end of business on September 20, 2013, Buyer shall deposit by wire transfer in same day funds with Seller an additional sum of One Hundred Thousand Dollars ($100,000.00) (the “September Deposit”, together with the Initial Deposit Deposit, the Additional Deposit, and the Additional Extension Deposit, the “Deposit”). If Closing occurs, the Deposit shall be applied toward the Purchase Price at the Closing. US 2063638v.1. (c) Section 9.01 of the PSA is hereby amended by deleting the words, words “August 16, 2013; with an additional option to extend to August 30September 20, 2013” and replacing such words with “September 2030, 2013”. (d) Section 11.01(b) of the PSA is hereby amended by deleting the words, words “August 16September 20, 2013, to be extended to August 30, 2013 pursuant to the Seller Elected Option.” and replacing such words with “September 2030, 2013”. (e) Section 14.08 of the PSA is hereby amended by deleting the section in its entirety and replacing it with the following language: Buyer may not assign or delegate any of its rights or duties hereunder without the prior written consent of Seller and any assignment made without such consent shall be void; provided, that Buyer may collaterally assign its rights under this Agreement to secure debt financing without the consent of Seller to any of Buyer’s current and future financing sources and any agents for such financing sources; provided, further, that Buyer shall notify Seller in advance of any such assignment. Any assignment made by Buyer as permitted hereby shall not relieve Buyer from any Liability or obligation hereunder. Except as otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective permitted successors, assigns and legal representatives.