LM » Topics » Other Provisions.

This excerpt taken from the LM 10-Q filed Feb 11, 2008.

Other Provisions.


(i)  Transfer of Undisputed Amount.  Paragraph 5 is hereby amended by adding the following after the phrase "of (II) above" in the eighth line thereof:


"(provided that such Transfer need not be made prior to the time that such Transfer need otherwise be made pursuant to the demand made under Paragraph 3)".


(ii)  Certain Distributions Received.  If a Secured Party receives or is deemed to receive Distributions on a day that is not a Local Business Day, or after its close of business on a Local Business Day, it will Transfer the Distributions to the Pledgor on the second following Local Business Day, subject to Paragraph 4(a), but only to the extent contemplated in Paragraph 6(d)(i) in connection with Distributions received or deemed received on a Local Business Day.


(iii)  Set-off.  For purposes of Paragraphs 2 and 8(a)(iii) of this Annex, the reference to any amount payable under Section 6 of this Agreement in the definition of “Set-off” in this Agreement shall be deemed a reference to any amount payable with respect to any Obligation, as described in Paragraph 8(a)(iii) of this Annex.


(iv)  Taxes.  Paragraph 10(b) is hereby amended by adding the following at the end of the text thereof:

; provided, however, that notwithstanding this Paragraph 10(b), Section 2(d) of the Agreement shall apply to any Indemnifiable Tax imposed on a payment or deemed payment by the Secured Party to the Pledgor described in Paragraph 6(d) hereof.




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