Amendment of the Distribution Agreement Sample Clauses

Amendment of the Distribution Agreement. The Distribution Agreement is, as of the Effective Date, hereby amended by (i) deleting the stricken text (indicated textually in the same manner as the following example: stricken text) and (ii) adding the double-underlined text (indicated textually in the same manner as the following example: double-underlined text), all as set forth in the version of the Distribution Agreement attached to this Amendment as Exhibit A, to reflect the following: a) On and after the Effective Date, the references to the “Registration Statement” shall refer to the 2024 Registration Statement. b) On and after the Effective Date, the references to “Prospectus Supplement” shall refer to the 2024 Prospectus Supplement. c) On and after the Effective Date, the first sentence of Section 1 of the Distribution Agreement is hereby amended to reflect the increased Maximum Amount and the remaining aggregate offering price of Common Shares that is available for offer and sale under the ATM Program and replaced in its entirety by the following: Each of the Company and the Operating Partnership agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, Securities having an aggregate offering price of up to $687,879,828 (the “Maximum Amount”) may be offered and sold in the manner contemplated by this Agreement, of which $500,000,000 remains available for offer and sale as of March 8, 2024. d) On and after the Effective Date, the first sentence of the second paragraph of Section 1 of the Distribution Agreement is hereby amended to reflect the filing of the 2024 Registration Statement and replaced in its entirety by the following: The Company and the Operating Partnership have filed, in accordance with the provisions of the Securities Act, with the Securities and Exchange Commission (the “Commission”) an automatic shelf registration statement on Form S-3 (File No. 333-277767), including a base prospectus, relating to certain securities, including the Securities, to be offered and sold from time to time, and which incorporates by reference documents that the Company and the Operating Partnership have filed or will file in accordance with the provisions of the Securities Exchange Act of 1934, as amended, and the rules and regulations thereunder (collectively, the “Exchange Act”). e) On and after the Effective Date, the first sentence of the second paragraph of Section 5(a)(1) of the Distribution Agreement is hereby amended to r...
Sample 1
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Amendment of the Distribution Agreement. The Parties agree as follows: 2.1. Section 13.1 of the Distribution Agreement shall be amended so that the Term of the Distribution Agreement which commenced on the Effective Date of the Distribution Agreement shall continue until December 31st, 2031, unless KBI provides no later than December 31st, 2030 a written notice that it wishes to extend the Distribution Agreement for an additional Extended Term (i.e., a two-year extension), in which case the Distribution Agreement shall be extended until December 31st, 2033. 2.2. The Purchase Prices as set for in paragraph 1 of Exhibit E of the Distribution Agreement (as replaced pursuant to the Second Addendum of the Distribution Agreement dated October 11th, 2018) shall be amended as follows: Commencing as of January 1st, 2024, and for the duration of the Term of the Distribution Agreement and the Extended Term (if entered into effect on January 1st, 2032), the sale price of vials of KEDRAB from Kamada to KBI shall be as follows: 2.2.1. For annual sales from Kamada to KBI of up to [REDACTED] of the Net Price per ml (as such term is defined in Exhibit E of the Distribution Agreement (as amended as by the Second Addendum)); 2.2.2. For annual sales of the next [REDACTED] of Net Price per ml; 2.2.3. For annual sales of any quantities above [REDACTED] annual sales: [REDACTED] of Net Price per ml. Example for the avoidance of doubt: For annual supply of [REDACTED]of KEDRAB by Xxxxxx to KBI, the average transfer price will be equal to [REDACTED]. 2.3. Save for supply interruptions which render Kamada unable to supply, it is agreed that KBI shall be obligated to acquire from Kamada, or pay (“take or pay”) the equivalent amount in respect of, the following minimum annual quantities of KEDRAB during fiscal years 2024-2027 (the “Minimum Purchase Commitment”): (i) Year 2024 = [REDACTED] (ii) Year 2025 = [REDACTED] (iii) Year 2026 = [REDACTED] (iv) Year 2027 = [REDACTED] The distribution of the above quantities between the 2ml and 10ml vial presentations and the supply schedule throughout the year will be discussed and agreed between the parties, as part of the on-going supply chain mechanism. 2.4. Xxxxxx will have the right, in [REDACTED] the supply of up to [REDACTED] (in other words[REDACTED]supply of up to an [REDACTED]) provided that any such [REDACTED] quantity will not affect KBI’s ability to meet its sales requirements. However, in no event will KBI’s total Minimum Purchase Commitment [REDACTED], unless otherwise agr...
Sample 1
Amendment of the Distribution Agreement. The “Maximum Number”, as defined in the preamble to the Original Agreement with reference to the Shares authorized and available for issuance and sale under the ATM Program, shall, on and after the Effective Date, equal the sum of the amount of the Remaining Shares and the Additional Shares. For the avoidance of all doubt, the sum of the Remaining Shares and the Additional Shares shall equal three million (3,000,000) shares of the Company’s Common Stock, $0.0001 par value per share.
Sample 1
Amendment of the Distribution Agreement. The Distribution Agreement is hereby amended by deleting Section 1(i) in its entirety and replacing it with the following:
Sample 1

Related to Amendment of the Distribution Agreement

  • Amendment of Agreement This Agreement may be amended only by written agreement of the Adviser and the Sub-Adviser and only in accordance with the provisions of the 1940 Act and the rules and regulations promulgated thereunder.

  • AMENDMENT AGREEMENT The Global Custody Agreement of January 3, 1994, (the “Custody Agreement”), as amended from time to time, by and between each of the Entities listed in Schedule A, as amended thereto, severally and not jointly (each such entity referred to hereinafter as the “Customer”) and JPMorgan Chase Bank, whose contracts have been assumed by JPMORGAN CHASE BANK (the “Bank”) is hereby further amended, as of April 21, 2011 (the “Amendment Agreement”). Terms defined in the Custody Agreement are used herein as therein defined.

  • AMENDMENT OF AGREEMENT; MERGER The General Partner’s consent shall be required for any amendment to this Agreement. The General Partner, without the consent of the Limited Partners, may amend this Agreement in any respect or merge or consolidate the Partnership with or into any other partnership or business entity (as defined in Section 17-211 of the Act) in a transaction pursuant to Section 7.1(b), (c) or (d) hereof; provided, however, that the following amendments and any other merger or consolidation of the Partnership shall require the consent of Limited Partners holding more than 50% of the Percentage Interests of the Limited Partners: (a) any amendment affecting the operation of the Redemption Right (except as provided in Section 8.5(d), 7.1(b) or 7.1(c)) in a manner adverse to the Limited Partners; (b) any amendment that would adversely affect the rights of the Limited Partners to receive the distributions payable to them hereunder, other than with respect to the issuance of additional Partnership Units pursuant to Section 4.3; (c) any amendment that would alter the Partnership’s allocations of Profit and Loss to the Limited Partners, other than with respect to the issuance of additional Partnership Units pursuant to Section 4.3; or (d) any amendment that would impose on the Limited Partners any obligation to make additional Capital Contributions to the Partnership.

  • Amendment of the Agreement The Company and the Participant may amend this Agreement only by a written instrument signed by both parties.

  • Amendment of Agreement and Certificate of Limited Partnership For the admission to the Partnership of any Partner, the General Partner shall take all steps necessary and appropriate under the Act to amend the records of the Partnership and, if necessary, to prepare as soon as practical an amendment of this Agreement (including an amendment of Exhibit A) and, if required by law, shall prepare and file an amendment to the Certificate and may for this purpose exercise the power of attorney granted pursuant to Section 2.4 hereof.

  • Amendment, Etc No amendment, modification or waiver of any provision of this Indenture relating to any Guarantor or consent to any departure by any Guarantor or any other Person from any such provision will in any event be effective unless it is signed by such Guarantor and the Trustee.

  • Amendment to Purchase Agreement Section 1.3 of the Purchase Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendments to this Sub-Advisory Agreement This Sub-Advisory Agreement may be amended only by a written instrument approved in writing by all parties hereto.

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 4 below, the Loan Agreement is hereby amended as follows:

  • Amendment to Agreement Effective as of the Amendment No. 2 Effective Date, the Agreement shall be amended as follows: The parties hereby agree to amend Exhibit A by adding the following new text as a new section 5: [START NEW TEXT]

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