88-87 Amend 116-84 - Laserfiche WebLink

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(A) The Words and Terms used in this Amendment with initial capital letters shall have the meaning ascribed thereto in the Original Agreement, as amended by this Amendment. (B) Section 1.2 of the Original Agreement shall be deleted and in its place the following shall be substituted: Section 1.2. ~efinitions: As used herein: "Act" means Chapter 165, Ohio Revised Code, as enacted and amended pursuant to Section 13 of Article VIII of the Ohio Constitution. "Accumulated Interest,, means the sum of (i) for each Loan Payment Date after February 1, 1988 and on or before December 1, 1988, the amount, if any, by which 95~ of Net Operating Income is less than $2,967, and (ii) for each Loan Payment Date after December 1, 1988 and on or before December 1, 1989, the amounts, if any, by which 95% of Net Operating Income is less than $5,933. "Additional Bonds" means the Additional Bonds as defined in the Indenture. "Additional Notes" means any nonnegotiable promissory note or notes, in addition to the Pro3ect Note, delivered by the Company to the Trustee in connection with the issuance of Additional Bonds, as provided herein. "Additional Payments" means the amounts required to be paid by the Company pursuant to the provisions of Section 4.2 of the Agreement. "Ad3ustment for Interest" means the amount of the increase or de- crease, as the case may be, between (i) the sum of all Alternate Loan Payments for Interest made for the previous fiscal year by the Company calculated on the basis of Unaudited Net Operating Income and (ii) the sum of all such pay- ments calculated on the basis of Audited Net Operating Income. The Ad3ustment for Interest shall be calculated within sixty days of the end of the Company's fiscal year by an independent certified public accountant who shall certify to the Trustee the accuracy of the calculation. "Ad3ustment for Principal" means the amount of the increase or de- crease, as the case may be, between (i) the sum of all Alternate Loan Payments for Principal made durin~ the previous fiscal year by the Company calculated on the basis of Unaudited Net Operatin~ Income and (ii) the sum of all such payments calculated on the basis of Audited Net Operating Income. The Ad3ust- ment for Principal shall be calculated within sixty days of the end of the Company's fiscal year by an independent certified public accountant who shall certify to the Trustee the accuracy of the calculation. "Agreement" means the Original Agreement, as amended by this Amendment and as further amended or supplemented from time to time. "Alternate Loan Payment" means, on any Loan Payment Date, the sum of the Alternate Loan Payment for Interest and the Alternate Loan Payment for - 2 -