Amendment of Section 5.1. Article 5, Sections 5.1 of the Agreement is hereby deleted in its entirety and replaced by Section 5.1, below.
Amendment of Section 5.1. Section 5.1 of the Indenture is hereby deleted in its entirety and is replaced with the following:
Amendment of Section 5.1. Section 5.1 of the Purchase Agreement is hereby amended and restated in its entirety to read as set forth below:
Amendment of Section 5.1. The second sentence of Section 5.1(a) of the Contribution Agreement is hereby amended by deleting the “or” before “(iv)” and adding “or (v) except as provided in Section 5.1(c),” before the phrase “during the period from the date of this Agreement to the Effective Time”. A new Section 5.1(c) of the Contribution Agreement is hereby added to provide as follows:
Amendment of Section 5.1. The Indenture is amended such that clauses (a)(1), (a)(3), (a)(5) and (b)(1) under Section 5.1 shall only apply to the 2021 Notes and shall not apply to the Securities.
Amendment of Section 5.1. The second and third sentences of Section 5.1 of the Merger Agreement are hereby deleted in their entirety which stated: “For a period of two years following the Closing, AeroGrow hereby grants Xxxxxxx Reserve Merger Fund, LLC (“KRM Fund”) the right to send a representative (who need not be the same individual from meeting to meeting) to observe each meeting or participate in telephone meetings of AeroGrow’s board of directors and receive all documents and written materials provided to directors. Such representative shall be entitled to receive reimbursement for all reasonable costs incurred in attending such meetings, including, but not limited to, food, lodging and transportation.”
Amendment of Section 5.1. The first paragraph of Section 5.1 of the Employment Agreement shall be replaced with the following text:
Amendment of Section 5.1. The Agreement is hereby amended by deleting the text of Section 5.1 thereof in its entirety and replacing it with the following: Provided that ACSD maintains the staff appropriate to operate the Facility in order to satisfy Cubist’s purchase orders, including, but not limited to, at least []* full time employees (“FTEs”) dedicated to the manufacture and supply of Product to Cubist hereunder consistent with the organizational chart and parameters set forth in Exhibit F, Cubist shall order from ACSD at least []* percent ([]*%) of Cubist’s requirements of Product each calendar year during the Term; provided that, ACSD is fully committed to supply 100% of Cubist’s requirements.
Amendment of Section 5.1. Section 5.1 of the Lease shall be and hereby is deleted in its entirety and replaced with the following Section 5.1:
Amendment of Section 5.1. Section 5.1(c) of the Merger Agreement is hereby amended by (i) inserting “(as such term was defined in this Agreement as of August 13, 2010) that was” following the term “Per Share Merger Consideration” in Section 5.1(c)(ii) and (ii) adding a Section 5.1(c)(iii) to read as follows:
