Amendment to Section 3.4 Clause Examples

Amendment to Section 3.4. Section 3.4 of the Existing Loan Agreement is amended by deleting such Section and replacing it with the following:

Amendment to Section 3.4. Section 3.4 of the Agreement is hereby amended to read in its entirety as follows:

Amendment to Section 3.4. Section 3.4 of the Existing Credit Agreement is hereby amended and restated in its entirety to read as follows:

Amendment to Section 3.4. Section 3.4 is hereby amended to change the date referred to therein to February 10, 2006.

Amendment to Section 3.4. (a) The heading to Section 3.4 of the Agreement is hereby amended and restated to read as follows: “Capitalization of Office Depot and Merger Sub Two.” (b) The last two sentences of Section 3.4(b) of the Agreement are hereby deleted in their entirety.

Amendment to Section 3.4. Section 3.4 of the Security Agreement is hereby amended as of the Second Amendment Effective Date by amending and restating such section in its entirety as follows:

Amendment to Section 3.4. Section 34 of the Agreement is hereby removed and replaced with the following: The Board of Directors shall have the exclusive power and authority to administer and interpret the provisions of this Agreement and to exercise all rights and powers specifically granted to the Board of Directors or the Company or as may be necessary or advisable in the administration of this Agreement. Except as otherwise specifically provided herein, without limiting any of the rights and immunities of the Rights Agent, all such actions, calculations, determinations and interpretations which are done or made by the Board of Directors in good faith shall be final, conclusive and binding on the Company, the Rights Agent, the holders of the Rights and all other parties and shall not subject the Board of Directors to any liability to the holders of the Rights (solely in their capacity as such). Nothing in this Section 34 nor this Agreement, including any provision requiring or permitting the Board to take (or refrain from taking) any action or making any determination, shall modify the fiduciary duties of the directors to the Company and its stockholders, nor eliminate or otherwise limit the liability of the directors for breaches of fiduciary duty under applicable law.

Amendment to Section 3.4. Section 3.4(a) of the Asset Purchase Agreement is hereby amended by replacing each occurrence, other than the first occurrence, of the words "the Closing Date" with the date "April 30, 2003".

Amendment to Section 3.4. Section 34 is amended by adding the following provisions to the end of such section: "Notwithstanding anything to the contrary contained herein, each Limited Partner hereby waives his or her right to seek indemnity from the General Partner for any losses he or she might suffer under this Partnership Agreement or under any ancillary agreements related to the business of the Partnership including any personal guarantees of the liabilities of the Partnership. Further, each Limited Partner hereby waives his or her right to recover from the Partnership, as primary obligor, any amounts such Limited Partner becomes liable to pay or pays pursuant to any agreements related to the business of the Partnership including any personal guarantees of the liabilities of the Partnership."