AMENDMENT AND CONSTRUCTION. This Agreement sets forth the entire understanding of the parties as to the matters set forth herein as of the date of this Agreement and cannot be altered or otherwise amended except pursuant to an instrument in writing signed by each of the parties hereto. This Agreement is intended to reflect the mutual intent of the parties with respect to the subject matter hereof, and no rule of strict construction shall be applied against any party.
AMENDMENT AND CONSTRUCTION. This Agreement may be amended by mutual agreement of the Parties at any time hereafter. Any such amendments shall be reduced to writing, dated, and signed by both of the parties, and shall specifically provide that it is intended to alter or amend this Agreement. No oral agreement shall be effective to in any manner modify or waive any terms, covenants, or conditions of this Agreement.
AMENDMENT AND CONSTRUCTION. 8.1 These Bylaws may be altered, amended, or repealed, or new Bylaws may be adopted by the shareholders at any regular or special meeting. In addition, the shareholders have delegated to the Board of Directors the power to alter, amend, or repeal the Bylaws, or to adopt new Bylaws. The Board of Directors accepts such delegation of authority and shall act accordingly at any regular or special meeting upon notice given at least 10 days prior to any meeting stating that purpose.
8.2 If any portion of these Bylaws shall be invalid or inoperative, then, so far as is reasonable, the remainder of these Bylaws shall be considered valid and operative and effect shall be given to the intent manifested by the portion held invalid or inoperative. 2
AMENDMENT AND CONSTRUCTION. (a) With effect from the Effective Date:
(i) the Original Facility Agreement shall be amended as set out in schedule 3 (Amendments to Facility Agreement); and
(ii) the 2016 Construction Clauses shall continue to apply to:
(A) the Original Facility Agreement as amended pursuant to this Amendment Agreement; and
(B) the other Finance Documents (as the same may be amended, confirmed or restated in connection with the entry into, and performance of, this Amendment Agreement).
(b) For the avoidance of any doubt, the Parties agree that the Finance Documents shall be construed and interpreted as follows:
(i) pursuant to clause 22.4(f) (Disposals) of the Original Facility Agreement, the Amsterdam Property, the Belgian Property, the property owned by the Italian Propco and the Swedish Property is in each case not a "Property" and the Dutch Amsterdam Propco, the Belgian Propco, the Italian Propco and the Swedish Propco is in each case not a "Property Owner";
(ii) clause 5 (Discharge of Undertakings) of the Amsterdam Deed of Release in respect of Prime Pool VI-T, S.à x.x., clause 5 (Discharge of Undertakings) of the Belgian Deed of Release in respect of Prime Pool V - T, S.a.r.l and clause 5 (Discharge of Undertakings) of the Swedish Deed of Release in respect of Prime Pool IV A - T, S.à.x.x and Prime Pool IV B - T, S.à.x.x each continue to apply in full force and effect;
(iii) the Agent hereby agrees that any breach by the relevant Italian Poolco of any covenant, representation or warranty set out under the Original Facility Agreement as a result of the releases contemplated by or arising under or in connection with the Italian Deed of Release or as a result of or in connection with the liquidation procedure of any of the Italian Poolcos (in accordance with the Italian Deed of Release) shall be deemed not to trigger any Default or Event of Default;
(iv) the entire share capital of each of the Swedish Targetco and the Belgian Targetco have been disposed of by Prime Pool IV B-T S à x.x. and the Belgian Poolco, respectively and on this basis:
(A) clause 19.16(c) (Title to property) shall not be made; and
(B) clause 19.18 (No other business) shall not be made so far as it relates to the Swedish Targetco or the Belgian Targetco; and
(v) clause 2 (Discharge) of the Amsterdam Deed of Release in respect of Prime NLD Amsterdam-T B.V., clause 3 (Discharge upon Release Event) of the Belgian Deed of Release in respect of Prime Pool V - T, S.a.r.l, clause 3 (Discharge upon Releas...
AMENDMENT AND CONSTRUCTION. A future agreement to amend or terminate the Agreement is effective only if effected by a written document executed by all Parties. The times contained in this Agreement are essential terms.
AMENDMENT AND CONSTRUCTION. 8.1 These Bylaws may be altered, amended, or repealed, or new Bylaws may be adopted by the shareholders at any regular or special meeting. In addition, the shareholders have delegated to the Board of Directors the power to alter, amend, or repeal the Bylaws, or to adopt new Bylaws. The Board of Directors accepts such delegation of authority and shall act accordingly at any regular or special meeting upon notice given at least 10 days prior to any meeting stating that purpose.
8.2 If any portion of these Bylaws shall be invalid or inoperative, then, so far as is reasonable, the remainder of these Bylaws shall be considered valid and operative and effect shall be given to the intent manifested by the portion held invalid or inoperative. THIS AGREEMENT is made and entered into as effective as of ___________, 2011, by and between Litigation Dynamics, Inc. a Texas corporation (the “Company”), and Xxxx Xxxxxxx (the “Employee”).
AMENDMENT AND CONSTRUCTION. This IGA sets forth the entire understanding of the parties as to the matters set forth herein as of the date of this IGA and cannot be altered or otherwise amended except pursuant to an instrument in writing signed by each of the parties hereto. This IGA is intended to reflect the mutual intent of the parties with respect to the subject matter hereof, and no rule of strict construction shall be applied against any party.
AMENDMENT AND CONSTRUCTION. The Committee may amend the terms and conditions set forth herein, except that any such amendment may not materially change or impair your award or allocation without your prior consent.
AMENDMENT AND CONSTRUCTION. This Agreement may be amended or modified only by written instrument executed by both parties hereto. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and, in such event, such provision will be changed or interpreted so as to best accomplish the objectives of the Agreement within the limits of applicable law. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
AMENDMENT AND CONSTRUCTION
