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<br />. <br /> <br />. <br /> <br />jointly administered under Case No. 02-41729 (REG) (collectively, the "Debtors") file a motion <br />with the Bankruptcy Court to assume a substantial number of the franchise agreements to which <br />one or more of the Debtors is a party; or (ii) the date the Debtors file a joint plan of <br />reorganization with the Bankruptcy Court. <br /> <br />Section 5. This Fifth Amendment will be legally binding upon the Grantor and <br />Grantee from its "Effective Date," as specified in Section 6 below, and upon any assignee or <br />transferee of the Agreement that may hereafter be authorized by the Grantor. <br /> <br />Section 6. It is the intention of the parties that the Grantee will rlfst execute this <br />Fifth Amendment and then submit it to the Grantor. The Grantor's City Clerk will insert the <br />execution date in all counterparts of this Fifth Amendment, attest to the execution of those <br />counterparts by a duly authorized officer of the Grantor, and transmit one fully executed <br />counterpart to the Grantee. The "Effective Date" is the date on which this Fifth Amendment is <br />approved by Grantor's City Council. <br /> <br />TO EFFECTUATE TillS FIFTH AMENDMENT, each of the parties has caused <br />this Fifth Amendment to be signed by its duly authorized representative as of the date set forth <br />below each authorized signature. <br /> <br />[Signatures provided on next page] <br /> <br />718762-2 <br /> <br />1 <br />