MODIFICATION OF NOTE Clause Samples

MODIFICATION OF NOTE. 3.1 From and after the Effective Date, the provision in the Note captioned "Promise to Pay" is hereby amended by extending the date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately from June 25, 2013 to June 30, 2014. 3.2 From and after the Effective Date, the provision in the Note captioned "Principal Payments" is hereby amended and restated to read as follows:

MODIFICATION OF NOTE. The Note is amended as specified in Exhibit D-2.

MODIFICATION OF NOTE. Effective as of the date hereof, the paragraph on page 2 of the Note starting with the words "Interest only at said rates..." is hereby amended by deleting the second sentence of such paragraph and replacing such sentence with the following substitute sentence: "On March 31, 2006, all unpaid principal, plus accrued and unpaid interest, shall be due and payable in full."

MODIFICATION OF NOTE. Notwithstanding any of the provisions of the Credit Agreement and the Note, the Note is hereby amended as follows: a. Paragraph #2 of the Note is hereby amended and restated to read as follows: The outstanding principal balance of this Convertible Note shall bear interest at a variable rate determined by Agent to be 365 basis points above the LIBOR Rate in effect from time to time, as set forth in and as adjusted in accordance with the terms and conditions of the Credit Agreement. Notwithstanding the foregoing, the rate of interest under this Convertible Note may be adjusted by Agent pursuant to the provisions of the Credit Agreement (including, without limitation, Section 2.11 thereof) and this Convertible Note. On the Conversion Date, a portion not to exceed 50% of the outstanding principal balance of all Advances made under this Convertible Note may at Borrower's option be converted to a fixed rate of interest at a rate acceptable to Agent in its sole reasonable discretion pursuant to the terms and conditions of the Credit Agreement. b. Paragraph #3 of the Note is hereby amended and restated to read as follows: The "LIBOR Rate" (London Interbank Offered Rate) means the One Month London Interbank Offered Rate ("One Month LIBOR"), rounded upward to the nearest ten thousandth of one percent, reported on the tenth day of the month preceding each Interest Period by the Wall Street Journal in its daily listing of money rates, defined therein as the average of interbank offered rates for dollar deposits in the London market. If a One Month LIBOR rate is not reported on the tenth day of a month, the One Month LIBOR rate reported on the first business day preceding the tenth day of the month will be used. If this index is no longer available, Agent will select a new index which is based upon comparable information. c. Paragraph #4 of the Note is hereby amended and restated to read as follows: The LIBOR Rate shall initially be determined as of the date hereof and shall thereafter be adjusted in accordance with the terms and conditions of the Credit Agreement. Interest on the outstanding principal balance of this Note shall be computed on the basis of a year of three hundred sixty-five (365) days, but charged for actual days principal is outstanding. d. Paragraph #8 of the Note is hereby amended and restated to read as follows: Subject to the terms and conditions of the Credit Agreement, following the Conversion Date, the portion of the Term Loan that has not been...

MODIFICATION OF NOTE. 2.1 From and after the Effective Date, the provisions in the Note captioned “Due” and “Promise to Pay” are hereby amended by deleting the date “July 9, 2006” contained therein and replacing it with “July 9, 2007”. 2.2 Each of the Related Documents is modified to provide that it shall be a default or an event of default thereunder if the Borrower shall fail to comply with any of the covenants of the Borrower herein or if any representation or warranty by the Borrower herein or by any guarantor in any Related Documents is materially incomplete, incorrect, or misleading as of the date hereof. As used in this agreement, the “Related Documents” shall include the Note and all loan agreements, credit agreements, reimbursement agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other instrument or document executed in connection with the Note or in connection with any other obligations of the Borrower to the Bank. 2.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified herein.

MODIFICATION OF NOTE. The terms of the Note are hereby modified and amended, effective as of the date hereof, by deleting in its entirety the paragraph entitled "Payment Schedule" set forth on page 1 of the Note and replacing it with the following: "PAYMENT SCHEDULE. Principal and interest shall be due and payable as follows: Interest only on the outstanding principal amount shall be due and payable monthly, in arrears, beginning on August 1, 1996, and continuing on the first day of each month thereafter until maturity. On March 30, 1999, all unpaid principal, plus accrued and unpaid interest, shall be due and payable in full." The purpose of this modification is to extend the maturity date of the Note to March 30, 1999.

MODIFICATION OF NOTE. This Note may not be amended or otherwise modified except as provided in writing signed by Obligor and Holder.

MODIFICATION OF NOTE. Notwithstanding any of the provisions of that certain Fourth Amended and Restated Master Loan Agreement dated as of October 1, 2007 (as the same may be amended, supplemented, modified, extended or restated from time to time, the “MLA”) or that certain Amended and Restated Fifth Supplement to the Master Loan Agreement (which document was erroneously captioned First Amendment to Fifth Supplement to the Master Loan Agreement) dated December 30, 2010, the Note is amended as follows: a. Paragraph #6 of the Note is hereby amended to read as follows: “The outstanding principal balance hereof, together with all accrued interest, if not paid sooner, shall be due and payable in full on the later of (i) April 1, 2011 or (ii) the occurrence of an Event of Default under that certain Second Amendment to Forbearance Agreement between Lender and Borrower dated March 1, 2001; but in any case no later than May 1, 2011 (the “Maturity Date”).”

MODIFICATION OF NOTE. From and after the Effective Date, the date in which the entire unpaid principal balance plus all accrued interest shall be due and payable is hereby changed from April 30, 2008 to April 30, 2010.