Common use of MODIFICATION OF NOTE Clause in Contracts

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. 2.1 3.1 From and after the Effective Date, the provisions provision in the Note captioned “DuePromise to Pay” and “Promise to PayPrincipal Payments” are hereby amended by deleting the date “July 9date” January 31, 20062010” contained therein and replacing it with “July 931, 2007”2010. 2.2 3.2 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 applications for letters of credit, 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 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified hereinby this agreement.

MODIFICATION OF NOTE. 2.1 From and after the Effective Date, a portion of the provisions in first sentence now reading: "FOR VALUE RECEIVED, on or before August 20, 2004 ("Maturity Date")" is replaced with the Note captioned “Due” and “Promise to Pay” are hereby amended by deleting the date “July 9following: FOR VALUE RECEIVED, 2006” contained therein and replacing it with “July 9on or before August 20, 2007”.2009 ("Maturity Date") 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 herein 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. 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, 20062005” contained therein and replacing it with “July 9, 20072006”. 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 herein 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. 2.1 From and after the Effective Date, the provisions provision in the Note captioned “Due” and “"Promise to Pay” are " is amended as follows: The date on which the entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby amended by deleting the date “July 9changed from December 15, 2006” contained therein and replacing it with “July 92004 to December 15, 2007”2005. 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 herein 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. 2.1 From and after the Effective Date, the provisions in Note is modified as follows: 3.1 The term Stated Maturity Date, which currently reads "July 31, 2010", and all references to the Note captioned “Due” stated maturity date of "July 31, 2010" are amended and “Promise restated to Pay” are hereby amended by deleting the date “July 9read "August 01, 2006” contained therein and replacing it with “July 9, 2007”2011". 2.2 3.2 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 applications for letters of credit, 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 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified hereinby this agreement.

MODIFICATION OF NOTE. 2.1 From and after the Effective Date, the provisions provision in the Note captioned “Due” and “Promise to Pay” are is hereby amended by deleting as follows: The date on which the date “July 9entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from September 30, 2005 to January 31, 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 herein 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. 2.1 From and after the Effective Date, a portion of the provisions first sentence of the first paragraph in the Note captioned “Due” and “Promise to Pay” are is hereby amended by deleting the date “to read as follows: FOR VALUE RECEIVED, on or before July 910, 2006” contained therein and replacing it with “July 9, 2007”.2008 ("Maturity Date"), 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 herein 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. 2.1 From and after the Effective Date, the provisions in the Note captioned “Due” and “Promise to Pay” are is hereby amended by deleting the date modified as follows: 3.1 The term Stated Maturity Date, which currently reads “July 931, 2006” contained therein 2013”, is amended and replacing it with restated to read “July 931, 20072014”. 2.2 3.2 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 applications for letters of credit, 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 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified hereinby this agreement.

MODIFICATION OF NOTE. 2.1 From and after the Effective Date, the provisions provision in the Note captioned “Due” and “Promise to Pay” are Pay is hereby amended by deleting as follows: The date on which the date “July 9entire balance of unpaid principal plus accrued interest shall be due and payable immediately is hereby changed from December 15, 2006” contained therein and replacing it with “July 92003 to December 15, 2007”2004. 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 herein 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. 2.1 From and after the Effective Date, the provisions in the Note captioned is hereby modified as follows: 3.1 The term State Maturity Date, which currently reads “Due” May 31, 2012”, is amended and restated to read “Promise to Pay” are hereby amended by deleting the date “July 9May 31, 2006” contained therein and replacing it with “July 9, 20072013”. 2.2 3.2 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 applications for letters of credit, 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 3.3 Each reference in the Related Documents to any of the Related Documents shall be a reference to such document as modified hereinby this agreement.