Amendment to Article. 9 (reservations) of the Acia Article 9. shall be amended to read as follows:
Amendment to Article. Notwithstanding any other provisions of law, this Certificate of Incorporation or the By-Laws, each as amended, and notwithstanding the fact that a lesser percentage may be specified by law, this Certificate of Incorporation or the By-Laws of the Corporation, the affirmative vote of at least seventy-five percent (75%) of the then outstanding shares of capital stock of the Corporation entitled to vote generally in the election of directors shall be required to amend or repeal, or to adopt any provisions inconsistent with the purpose or intent of, this Article IX.
Amendment to Article. VII ------------------------
Amendment to Article. 5. Article 5 of the Indenture is hereby deleted in its entirety and replaced with the following: "Reserved."
Amendment to Article. 1.2 of Annex 2 in Appendix 2 Article 1.2 of Annex 2 in Appendix 2 of the 2008 Agreement (the Supply Agreement) is hereby amended to read in full as follows:
Amendment to Article. III The first sentence of Section 3.01(i) of Trust Supplement No. 2001-2A-1 is amended in its entirety to read as follows:
Amendment to Article. 5. Section 5-14 of the Agreement is hereby amended to read as follows:
Amendment to Article. 5. Article 5 of the Agreement is hereby amended by adding a new Section 5.6 as follows:
Amendment to Article. 8 of the Loan Agreement. Effective as -------------------------------------------- of the date hereof, Article 8 of the Loan Agreement is hereby amended by adding --------- thereto new Sections 8.24 to read in its entirety as follows: -------------
Amendment to Article. 1, Section 1.2 (b) of Amendment No. 6 to the Loan Agreement to the definition of "Fixed Charge Ratio", add the following; "For the purposes of computing this ratio, EBITDA shall be calculated on a cumulative year-to-date basis for the test periods ending September 30, 2002 and December 31, 2002.
