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This excerpt taken from the CRZO 8-K filed Nov 4, 2008. Investments, Loans, Advances,
Guarantees and Acquisitions. Section 7.05 of the
Credit Agreement shall be and it hereby is amended by adding a new clause (r)
immediately following clause (q) to read as follows:
(r) investments
by the Borrower or any of its Restricted Subsidiaries consisting of profit
interests in Avista JV Partner acquired in connection with the Marcellus Joint
Venture and investments received by the Borrower or any of its Restricted
Subsidiaries in exchange for such profit interests in connection with a merger,
conversion, consolidation or other combination of Avista JV Partner with another
Person.
1.25 This excerpt taken from the CRZO 8-K filed Jul 11, 2008. Investments, Loans, Advances,
Guarantees and Acquisitions. Section 7.05 of the
Credit Agreement shall be and it hereby is amended by adding a new paragraph
following clause (q) to read as follows:
The
amount of any investment made pursuant to clauses (o), (p) and (q) of this Section 7.05 shall be
the original cost of such investment plus the cost of all additions thereto,
minus the
amount of any portion of such investment repaid to the Person making such
investment as a dividend, repayment of loan or advance, return of capital or
transfer of property, as the case may be, but without any other adjustments for
increases or decreases in value, or write-ups, write-downs or
3
write-offs
with respect to such investment or interest earned on such
investment. In determining the amount of any investment involving a
transfer of property other than cash, such property shall be valued at its fair
market value at the time of such transfer; provided that in the
case of investments involving a transfer of property other than cash that are
repaid to the Person making such investment as a transfer of property, such
property at the time of repayment shall be valued at its fair market value at
the time such property was initially transferred by the Person making such
investment.
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