Amendments to Note. The Note is hereby amended as follows:
Amendments to Note. To the extent not inconsistent with applicable law, this Note shall be subject to modification by such amendments, extensions, and renewals as may be agreed upon from time to time by the Holder and the Borrower, with the approval of the Secretary.
Amendments to Note. As of the Effective Date, the Note is amended as follows:
Amendments to Note a) As of the Effective Date, Section 3(a) of the Note is hereby deleted in its entirety and replaced with the following:
Amendments to Note. Subject to the satisfaction of condition precedent set forth in Section 2 below, the Note is hereby amended as follows: The first unnumbered paragraph of Section 3 of the Note shall be replaced with the following: "Principal of this Series A Note shall be paid in monthly payments of $58,978.28 and shall be payable on the last day of each calendar month commencing on November 30, 2004; provided, that no principal payment shall be due during the period commencing on February 28, 2005 and ending on January 31, 2006. Monthly payments of $58,978.28 shall re-commence on February 28, 2006. The balance of the principal shall be paid in a single payment on the Loan Expiration Date."
Amendments to Note. The parties agree that the body of the Note shall remain unchanged but that as of the Effective Date, the payment schedule attached as Exhibit A to the Note is hereby deleted in its entirety and shall be replaced with the payment schedule attached hereto as Exhibit C.
Amendments to Note. (a) The total quantum of the Note as set forth in the opening paragraph thereof (and in the line above such paragraph) shall be amended from “FIFTEEN MILLION DOLLARS ($15,000,000)” to “TWENTY FIVE MILLION DOLLARS ($25,000,000)”.
Amendments to Note. The Note (including for the avoidance of doubt any provisions of the Note amended pursuant to Amendment #1 to the Note) shall, effective as of the Effective Date, be amended in the manner provided in this Section 2.
Amendments to Note i. Article VI of the Note is hereby amended and restated in its entirety as follows: “For so long as the Note is outstanding, the Company will not grant a consensual security interest or pledge its personal property assets to another third-party lender in connection with debt for borrowed money (other than purchase money security interests or capital leases incurred in the ordinary course of business and up to $25 million of secured indebtedness relating to a receivables facility or debt or letters of credit facilities) without the consent of Purchaser (such consent not to be unreasonably withheld, conditioned or delayed, in particular in the case of a security interest or pledge granted or made to a strategic corporate partner or joint venture partner as a component of a financing transaction or other business relationship with a strategic corporate partner or joint venture partner (whether directly or involving an investment fund controlled by the relevant strategic corporate partner or joint venture partner)).”
