Common use of Subsection 3 Clause in Contracts

Subsection 3. 8. Subsection 3.8 is amended by (i) deleting clauses (a) and (b) of such subsection and substituting the following therefor: (a) without duplication of amounts which may be paid by Holdings, payment of a management or advisory fee to DLJ not to exceed, in the aggregate, $250,000 per year, payable quarterly in arrears on the first day of each quarter, commencing April 1, 1998, (b) to make any Restricted Junior Payments permitted under subsection 3.5, (c) to enter into and perform their respective obligations under arrangements with DLJ and its affiliates for underwriting, investment banking and advisory services on standard and customary terms and conditions which are disclosed in writing to ▇▇▇▇▇▇, or (d) as set forth in Schedule 3.8.; and

Subsection 3. 8. Subsection 3.8 is amended by (i) deleting clauses (a) and (b) of such subsection and substituting the following therefor: (a) without duplication of amounts which may be paid by Holdings, payment of a management or advisory fee to DLJ not to exceed, in the aggregate, $250,000 per year, payable quarterly in arrears on the first day of each quarter, commencing April 1, 1998, (b) to make any Restricted Junior Payments permitted under subsection 3.5, (c) to enter into and perform their respective obligations under arrangements with DLJ and its affiliates for underwriting, investment banking and advisory services on standard and customary terms and conditions which are disclosed in writing to ▇▇▇▇▇▇, or (d) as set forth in Schedule 3.8.. ; and