Amendment or Assignment. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is evidenced by a written instrument, executed by the party against which such modification, waiver, amendment, discharge or change is sought. This Agreement is not assignable by the Advisor without the prior written consent of the Company, which such consent may not be forthcoming; provided, that for the avoidance of doubt, assignment by Advisor of one or more advisory services to its employees or affiliates shall not constitute a violation of this Agreement.
Amendment or Assignment. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is evidenced by a written instrument, executed by the party against which such modification, waiver, amendment, discharge, or change is sought.
Amendment or Assignment. This Agreement may be amended with respect to a Portfolio only if such amendment is specifically approved by (i) the vote of the outstanding voting securities of such Portfolio and (ii) a majority of the Trustees, including a majority of those Trustees who are not parties to this Agreement or interested persons of such party, cast in person at a meeting called for the purpose of voting on such approval, provided that this Agreement may be amended to add a new Portfolio or delete an existing Portfolio without a vote of the shareholders of any other Portfolio covered by this Agreement. This Agreement shall automatically and immediately terminate in the event of its assignment, as that term is defined in the 1940 Act and the rules thereunder provided.
Amendment or Assignment. This Agreement may be amended with respect to a Portfolio only if such amend- ment is specifically approved by (i) the vote of the outstanding voting secu- rities of such Portfolio and (ii) a majority of the Trustees, including a ma- jority of those Trustees who are not parties to this Agreement or interested persons of such party, cast in person at a meeting called for the purpose of voting on such approval, provided that this Agreement may be amended to add a new Portfolio or delete an existing Portfolio without a vote of the of share- holders of any other Portfolio covered by this Agreement. This Agreement shall automatically and immediately terminate in the event of its assignment, as that term is defined in the 1940 Act and the rules thereunder. 10. Governing Law This Agreement shall be interpreted in accordance with the laws of the State of New York and the applicable provisions of the 1940 Act, other securities laws and rules thereunder. To the extent that the applicable laws of the State of New York, other securities laws or any of the provisions herein, conflict with the applicable provisions of the 1940 Act, the latter shall control. 11.
Amendment or Assignment. This Agreement may be amended with respect to a Portfolio only if such amendment is specifically approved by (i) the vote of the outstanding voting securities of such Portfolio and (ii) a majority of the Directors, including a majority of those Directors who are not parties to this Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval, provided that this Agreement may be amended to add a new series of Shares or delete an existing series of Shares without a vote of the holders of Shares of any other Portfolio covered by this Agreement. This Agreement shall automatically and immediately terminate in the event of its assignment, as that term is defined in the 1940 Act and the rules thereunder.
Amendment or Assignment. This Guaranty shall not be affected or limited in any manner by (a) any assignment of, or any modification or amendment (by agreement, course of conduct, or otherwise) to, all or any portion of any lease, agreement, instrument, and/or document with respect to or that evidences the Guaranteed Obligations, or (b) the renewal, extension, and/or modification, at any time, of any of the Guaranteed Obligations. By this Guaranty, Guarantor hereby guarantees Tenant’s performance of the Guaranteed Obligations as so amended, assigned, renewed, extended, or modified whether or not such amendment, assignment, renewal, extension, or modification is with the consent of or notice to Guarantor; provided, however, Guarantor’s obligations under this Guaranty may not be increased as a result of any such amendment, renewal, extension, or modification which increases the obligations of the Tenant beyond those which were in existence prior to such amendment, renewal, extension, or modification, unless such amendment, renewal, extension, or modification is done with Guarantor’s consent.
Amendment or Assignment. This Agreement may be amended only if such amendment is specifically approved with respect to each Portfolio by (i) the vote of a majority of the outstanding voting securities of the respective Portfolio and (ii) a majority of the Trustees, including a majority of those Trustees who are not parties to this agreement or interested persons of such party, cast in person at a meeting called for the purpose of voting on such approval. This Agreement shall automatically and immediately terminate in the event of its assignment, as that term is defined in the 1940 Act and the rules thereunder.
Amendment or Assignment. Modification or amendment to this agreement shall be in writing and executed with the same formality as the original. Similarly, this Agreement shall not be assigned unless approved in writing by the parties hereto. All assignments not approved pursuant to this provision are void.
Amendment or Assignment. No amendment or assignment of this LOI by either Party shall be permitted without the prior written consent of the other Party. If the foregoing correctly sets forth our understanding, please execute one copy of this letter of intent as indicated below. Very truly yours, AMERICANN BRANDS, INC., a Massachusetts corporation By: Name: Xxxxxxxx Xxxxxx Title: CFO Accepted and agreed to this 3rd day of May, 2024. BASK, INC., a Massachusetts corporation By: Name: Title: EXHIBIT A Terms BUYER Americann Brands, Inc. SELLER Bask, Inc. LICENSES Those two (2) Adult-Use Provisional Licenses issued by the CCC, including (i) Provisional Cultivation License No. MCN282211 and (ii) Provisional Product Manufacturing License No. MPN281702 (collectively, the “Licenses”) TRANSACTION Buyer will purchase one hundred percent (100%) of the ownership and control the Licenses. In connection with this LOI, Americann Parent and Seller shall execute the Mutual Lease Modification Agreement and Buyer and Seller shall cooperate on the execution and filing of a change of control and ownership application with the CCC to approve the transfer of the Licenses from Seller to Buyer (the “CHOW Application” and together with the Mutual Lease Modification Agreement, the “Transaction Documents”). DUE DILIGENCE PERIOD The due diligence period will commence upon the execution of this letter of intent and continue for a period of forty-five (45) calendar days (“Due Diligence Period”). DUE DILIGENCE MATERIALS Seller and Xxxxx agree to provide documents and information requested by the other party as soon as possible after the signing of this letter of intent.
Amendment or Assignment. Modification or amendment to this Agreement shall be in writing and executed with the same formality as the original. Similarly, this Agreement shall not be assigned without the prior written consent of KDADS.
