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and Contribution Agreement shall include Charter LLC, to the extent applicable as purchaser of the Purchased Interests, as well as CCI. Charter LLC's assumption of the obligations of CCI under the Purchase and Contribution Agreement is intended to be for the benefit of, and shall be enforceable by, Sellers. 3. Clause (5) of Section 2.1(a) of the Purchase and Contribution Agreement is hereby amended to read in its entirety as follows: from FHGLP, all of the capital stock in Enstar, its entire membership interest in Eater Finance Company, LLC, and its entire membership interest in CC VII, LLC, a Delaware limited liability company ("CC VII, LLC"); and 4. The term "Minimum Contributed interest" as defined in the fourth sentence of Section 2.1(b) of the purchase and Contribution Agreement is hereby amended to be not less than 45.3% of FHGLP's partnership interest in Falwn. 5. Clause (i) of Section 2.3(b) of the Purchase and Contribution Agreement is hereby amended to read in its entirety w follows: the value of the Aggregate Consideration allocated to FHGLP with respect to its partnership interest in Falcon in Part III of the Allocation Notice, and 6. Section 4 of the Purchase and Contribution Agreement is hereby amended as follows: (a) by amending the parenthetical clause of the first paragraph of such Section to read in its entirety as follows: (with respect to such Seller and not with respect to any other Seller, and only FHGLP makes the representations and warranties in Sections 4.4(b), 4.7 and 4.9) (b) by adding the following new subsection 4.9 to the end of such Section: 4.9 CC VII, LLC was duly formed as a limited liability company under the laws of the State of Delaware and is validly existing and in good standine under me laws of the State of Delaware. FHGLP is the record and beneficial owner of each issued and outstanding Equity Interest of CC VII, LLC. FHGLP has formed CC VH, LLC solely to hold the interest in Falcon to be transferred to it pursuant to Section 6.6(g) hereof and to exercise all rights and perform all obligations pertaining thereto. At no time prior to Closing will CC VH, LLC conduct any business activities or other operations of any kind, or hold any asset other than the interest in Falcon, or become liable for any obligation except its obligation under the Agreement. At all times since its formation, CC VH, LLC has been treated for federal income tax purposes as a disregarded entity under Treasury Regulations § 301.7701-3(b)(1)(ii). 3