Amendment of Section 14. 1. Clause (c) of Section 14.1 of the Operating Agreement is hereby amended to read as follows:
Amendment of Section 14. 1. Section 14.1 of the Agreement entitled “Term and Termination” is hereby deleted in its entirety and replaced with the following:
Amendment of Section 14. Section 14 of the Option Agreement is hereby amended by deleting such Section 14 in its entirety and replacing it with the following:
Amendment of Section 14. The Company hereby agrees that the foregoing provisions of this Section 14 constitute an agreement among, and solely for the benefit of, the Agent and the Lenders (and the Agent and the Lenders acknowledge that the Company is not a party to or bound by such foregoing provisions) and that any and all of the provisions of this Section 14 may be amended at any time by the Lenders without the consent or approval of, or notice to, the Company (other than the requirement of notice to the Company of the resignation of the Agent).
Amendment of Section 14. 2. Section 14.2 is hereby deleted, and the following is inserted in its place:
Amendment of Section 14. 13. Section 14.13 of the Lease is hereby deleted in its entirety and the following is hereby inserted in its place and stead:
Amendment of Section 14. Clause (c) of Section 1.4 of the Original Indenture is amended and supplemented by deleting the existing clause in its entirety and replacing it with the following:
Amendment of Section 14. Section 14 of the Supply Agreement is hereby deleted in its entirety and amended as follows: Neither Party will solicit, either directly or indirectly, individuals employed by the other Party to work for or provide services to such Party as an employee, consultant or otherwise without the prior written consent of the other Party; provided, however, that the foregoing restriction shall not prevent a Party from hiring any employee of the other Party who (i) left the employing Party's employment at least six (6) months prior to the hiring Party soliciting or employing such person, (ii) was referred to the hiring Party by search firms, employment agencies or other similar agencies, provided that such agencies have not been specifically instructed by the hiring Party to solicit any employee(s) of the other Party, or (iii) responds to a general solicitation of employment through an advertisement not targeted specifically at the employees of the other Party or who independently approaches the hiring Party about employment without solicitation.
Amendment of Section 14. As of the end of the business day on the Effective Date, Section 14 is hereby amended by adding the following at the end of the Section: “Notwithstanding the foregoing, the invocation of a force majeure shall not excuse any party from the payment or obligations under this Agreement.”
Amendment of Section 14. 2. Section 14.2 of the License Agreement is replaced in its entirety with the following:
