PROPOSED AMENDMENT Clause Samples

PROPOSED AMENDMENT. The Proposed Amendment (as defined in the Exchange Offer Registration Statement) has been approved by the Board of Directors of the Company and the stockholders of the Company and has been validly filed with the Secretary of State of the State of Delaware, and prior to the date hereof the Company's Articles of Incorporation have been amended by the Proposed Amendment.

PROPOSED AMENDMENT. Amend NRS 338 and other applicable statutes to ensure that ALL Nevadans have an opportunity to work by including the following three provisions that will apply to any contractor who enters into an agreement for any public work project:

PROPOSED AMENDMENT. The company's Articles of Incorporation shall have been amended by the Proposed Amendment.

PROPOSED AMENDMENT. In reference to the provisions of Article 7 of this Ordinance, when a specific use is permitted within a zoning district only within the context of a PUD, said permitted PUD use shall comply with the following stipulations:

PROPOSED AMENDMENT. Revise the authorized use to include the remediation and restoration of Yosemite Slough. All other terms and conditions of the lease shall remain in effect without amendment.

PROPOSED AMENDMENT. The proposed Amendment includes Poseidon Resources (Channelside) LLC as a co-Lessee and allows the intake of sea water and the commingling of brine water discharge for the desalination facility. Poseidon shall, at all times during the term of the Lease, fully offset all of the direct and indirect greenhouse gas emissions from the generation of electricity and other energy used for the construction and operation of the desalination facility. The calculations conducted to ensure compliance with this provision shall include accurate and transparent measurements and independent verification to the satisfaction of the Executive Officer in accordance with procedures outlined by the California Climate Action Registry (CCAR), California Air Resources Board (CARB), or state-approved programs under the control of local air control districts, hereinafter referred to collectively as “Air Boards”. ▇▇▇▇▇▇▇▇ must submit annual reports to the Commission’s Executive Officer showing Air Board verification of accounting and offset measures. Determination of compliance with this provision will be made annually by the Commission’s Executive Officer. a) Poseidon shall also, at all times during the term of the Lease, fully offset direct greenhouse gas (GHG) emissions from the generation of electricity and other energy used for the construction and operation of the desalination facility. Additionally, ▇▇▇▇▇▇▇▇ will be deemed to have offset construction impacts by obtaining 1,327 tons of carbon offsets/RECs subject to the verification procedures in the GHG Plan; b) The provisions of the GHG Plan entitled, “Contingency if No GHG Reduction Projects are Reasonably Available,” shall not apply to this Lease; c) At any time during the term of the Lease, ▇▇▇▇▇▇▇▇ may seek a determination from Commission’s Executive Officer that (i) offsets in an amount necessary to mitigate the Project’s GHG emissions are not reasonably available; (ii) the “market price” for carbon offsets or RECs is not reasonably discernable; (iii) the market for offsets or RECs is suffering from significant market disruptions or instability; or (iv) the market price has escalated to a level that renders the purchase of offsets/RECs economically infeasible to the Project. Any request submitted by ▇▇▇▇▇▇▇▇ shall be considered and determined by the Commission’s Executive Officer within 60 days. A denial of any such request may be appealed by ▇▇▇▇▇▇▇▇ to The Commission for consideration at the next available public meetin...

PROPOSED AMENDMENT. Amend the consideration for the stairs to public use and benefit as stairs provide public access to the Colorado River. The State reserves the right to set a monetary consideration if it is determined to be in the best interest of the State. All other terms and conditions of the lease shall remain in effect without amendment. CALENDAR ITEM NO. C75 (CONT’D)

PROPOSED AMENDMENT. Amendment 1:

PROPOSED AMENDMENT. 2.1 The rating of the Account Bank (Deutsche Bank AG, London Branch (Deutsche)) has been downgraded by S&P to and Fitch to BBB+ S&P/ BBB+ Fitch. As a result, Deutsche no longer meets the Acceptable Bank criteria required for the Account Bank (being a rating on A- or higher by S&P or Fitch or A3 or higher by ▇▇▇▇▇’▇ or an equivalent long-term rating from another Rating Agency for its long-term unsecured and non credit enhanced debt obligations). 2.2 While the Issuer is entitled to terminate the appointment of the Account Bank if the Account Bank no longer meets the Acceptable Bank criteria in accordance with clause 10.3.1(b) of the Account Bank Agreement, the Issuer’s preference is to retain Deutsche as Account Bank. The Issuer has made inquiries with ▇▇▇▇▇’▇ regarding the decision to downgrade Deutsche and, based on the informal feedback received from ▇▇▇▇▇’▇, the Issuer does not consider that the downgrade would have an adverse effect of the current ratings of the Bonds. 2.3 Notwithstanding the above, the Issuer considers that it is in all parties’ interests to formalise this confirmation in the event of a subsequent downgrade of the Account Bank’s rating. Accordingly, the Issuer requests the Security Trustee (acting in accordance with the STID Decision Making Protocol) consent to the following amendments to the MDA: (a) replacing paragraph (a) of the definition of Acceptable Bank in part 1 (Definitions) of schedule 1 (Common Definitions) to the MDA with the following: (a) a bank or financial institution acting through a branch located in the United Kingdom which has a rating for its long-term unsecured and non credit enhanced debt obligations of A- or higher by S&P or Fitch or A3 or higher by ▇▇▇▇▇'▇ or an equivalent long-term rating from another Rating Agency or, in each case, for the purpose of Clause 10.3.1(b) of the Account Bank Agreement in respect of the Original Account Bank only, such other rating or ratings as would not adversely affect the then current ratings of the Bonds (as confirmed by the relevant Rating Agency by way of a Ratings Confirmation; and” (b) a definition of original account bank which shall read: