Common use of Termination of the Commitment Clause in Contracts

Termination of the Commitment. (a) Section 7(a) of the Commitment Letter is hereby amended to read in its entirety as follows: (a) (i) July 9, 2004, if the Post-Effective Amendment No. 1 to Form S-4 (including the additional registration statement on Form S-4), which shall reflect the terms set forth in Schedule 2 hereto (as amended by the Sixth Extension of Commitments dated June 30, 2004), has not been filed the Commission by such date, (ii) 30 calendar days following the filing with the Commission referred to in clause (i) above, if the amendment to the Form S-4, as described in Section 6(a) hereof (as amended by the Sixth Extension of Commitments dated June 30, 2004), has not been declared effective by such date and (ii) two Business Days after such amendment to the Form S-4 has been declared effective, if the Exchange Offer has not been commenced by the end of such date (on the terms set forth in such amendment to the Form S-4);” (b) Section 7 of the Commitment Letter is hereby amended by deleting “and” at the end of clause (h), replacing the period a the end of clause (i) with “; and” and adding a clause (j) thereto as follows: