Court Amendment Form

COURT AMENDMENT FORM

This Court Amendment Form (the Amendment) is entered into as of by and between Plaintiff: , with principal address , and Defendant: , with principal address . This Amendment relates to the action pending in , Case No. .

RECITALS

WHEREAS, the parties previously executed or filed the document described as dated (the Original Document);

WHEREAS, the parties wish to amend the Original Document in the manner set forth in this Amendment and to obtain any required approval or entry of an order by the court presiding over the above-captioned action; and

WHEREAS, the parties intend that this Amendment shall be submitted to the court as a stipulation or as part of a proposed order if required for the relief sought herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. AMENDMENTS

1.1 Amendment to Specified Provisions. The Original Document is hereby amended to the extent set forth in the descriptions below. The provisions set forth in this Amendment shall supersede and replace the corresponding provisions of the Original Document in the event of any inconsistency.

1.2 Interpretation. The parties acknowledge that the text of the Original Document not expressly amended remains in full force and effect. Headings are for convenience only and shall not affect interpretation. Any references in the Original Document to sections amended hereby shall be read as references to the amended sections as set forth in this Amendment.

2. EFFECTIVENESS; FILING WITH COURT

2.1 Effective Date. This Amendment shall become effective on the later of (a) the date executed by the last party to sign below and (b) the date of entry by the Court of an order approving this Amendment, if such approval is required. Effective Date:

2.2 Court Approval. The parties acknowledge that court approval may be necessary. Indicate whether court approval is required: Yes No

2.3 Filing and Proposed Order. The party responsible for filing this Amendment with the court:

2.4 Cooperation. Each party agrees to promptly execute such further documents and take such further actions as reasonably necessary to effectuate the terms of this Amendment and to obtain any required court approvals.

3. REPRESENTATIONS AND WARRANTIES

Each party represents and warrants to the other that: (a) it has the full corporate or individual power and authority to enter into this Amendment; (b) the execution and delivery of this Amendment and the performance hereunder have been duly authorized; and (c) the execution and performance of this Amendment will not violate any other agreement or obligation by which such party is bound.

4. COSTS AND ATTORNEYS' FEES

Unless otherwise agreed in writing, each party shall bear its own costs and attorneys' fees relating to the negotiation, preparation, execution and filing of this Amendment. If the Court directs that costs of filing or entry of an order be borne by a party, the parties shall comply with such order.

5. NOTICES

All notices, requests, demands and other communications required or permitted under this Amendment shall be given in writing and delivered to the parties at the addresses set forth below (or to such other address as a party may designate by notice in accordance with this Section).

6. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

6.1 Governing Law. This Amendment shall be governed by and construed in accordance with the substantive laws of the jurisdiction in which the court identified above is located, without regard to conflict of law principles.

6.2 Severability. If any provision of this Amendment is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the parties shall negotiate in good faith to replace the invalid or unenforceable provision with a valid provision that most closely approximates the parties' original intent.

6.3 Entire Agreement. This Amendment, together with the Original Document as amended hereby, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral, relating to such subject matter.

7. WAIVER; AMENDMENTS; COUNTERPARTS

7.1 Waiver. No waiver by any party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought.

7.2 Amendments. This Amendment may be amended only by a written instrument signed by all parties and, to the extent required, approved or entered by the court.

7.3 Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile, electronic image or scanned signatures shall be effective as originals.

8. CERTIFICATION AND FILING OBLIGATION

The undersigned counsel and parties certify that they will, if required, promptly submit this Amendment to the Court in the form of a stipulation and proposed order, and that they will provide any necessary notice to affected parties or creditors. The parties further represent that all factual statements in any filing with the Court in support of this Amendment are true and correct to the best of their knowledge.

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