AMENDMENT TO AEM AGREEMENT Sample Clauses

AMENDMENT TO AEM AGREEMENT. Comverge and Gulf agree that from and after the Closing, the AEM Agreemeni; is hereby modified and amended as follows: 1. Section 3 of the Agreement is hereby amended by adding the following sentence: “Notwithstanding anything in this agreement to the contrary, the Purchaser shall purchase not fewer than *** units during the term of the Agreement; subject to termination pursuant to Section 1 7.” 2. Section 14 is hereby amended by adding the following sere to the end of the section: ”Any delays in performance or any non-performance resulting from assignment of the AEM Agreement or from any breach of the Asset Purchase Agreement will not constitute “Excusable Delays” under the provisions of Section 14 of the AEM Agreement or Section 3 of Amendment No. 2 to the AEM Agreement.” 3. Section 17.1(e) is. hereby deleted and replaced with the following: “After December 31, 1999, by either Party in the event that the other Party fails to perform any material provision of this Agreement and does not cure such failure within a period of sixty (60) days after receipt of written notice from the other Party specifying such failure and stating its intention to terminate this Agreement if such failure is not cured.” 4. Section 18.1 is hereby amended by deleting Scientific-Atlanta’s addresses and replacing them with the following, Comverge Technologies, Inc. 00 Xxxxxxxx Xxxx, Suite 160 Florham Park, New Jersey 07932 Xxxxxxxxxx Xxxxxxxxx Xxxxxx & Xxxxxx LLP 00 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 5. Exhibit C.1 is hereby amended by replacing “August 31, 2004” with “August 31, 2007.” Section 4 is hereby amended by deleting the final sentence and replacing it with the following: “This Agreement shall be effective for a period of ninety-eight (98) months following the commencement of volume shipments, terminating no later than October 31, 2007, unless earlier terminated as provided herein.” Initial deliveries shall be made in accordance with the following schedule, which shall be deemed incorporated into Exhibit C.1 as amended: 10/01/99 *** 11/01/99 *** 12/01/99 *** 01/01/00 *** For.the first two initial deliveries Comverge shall be entitled to satisfy, at its discretion: all or a portion of such deliveries through the upgrade of components and/or firmware in an equivalent number of units delivered to Gulf prior to the date of this Assignment and Assumption Agreement. On and after February 1, 2000, purchases shall be made and volume deliveries shall be made in accorda...
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Related to AMENDMENT TO AEM AGREEMENT

  • 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]

  • Second Amendment to Exhibit A to Services Agreement Exhibit A to the Services Agreement shall be, and here by is, supplemented with the following:

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

  • Amendment to Exhibit A to Services Agreement Solely with respect to Accounts that are not investment companies registered under the 1940 Act, the section of Exhibit A to the Services Agreement entitled “Administration and Risk Management” shall be, and hereby is, deleted in its entirety and replaced with the following:

  • 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 the Agreement Pursuant to Section 8.3 of the Agreement, Section 2.1 of the Agreement is hereby amended and restated in its entirety to read as follows:

  • 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 to Rights Agreement Section 1(w) of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following:

  • Addendum to Agreement Students who do not complete an AA/AS degree can use the prescribed curriculum in a statewide transfer articulation agreement as a common advising guide for transfer to all public institutions that offer the designated bachelor’s degree program. Please note the following:

  • Amendment and Restatement; No Novation (a) This Agreement constitutes an amendment and restatement of the Existing Credit Agreement effective from and after the Restatement Effective Date. The execution and delivery of this Agreement shall not constitute a novation of any Indebtedness or other Obligations owing to the Lenders or the Administrative Agent under the Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the Restatement Effective Date, the credit facilities described in the Existing Credit Agreement shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, all loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement shall be deemed to be Loans and Obligations outstanding under the corresponding facilities described herein, without any further action by any Person, and participations in Letters of Credit and Swing Line Loans shall be deemed to be reallocated as are necessary in order that the outstanding balance of such participations, together with any Loans funded on the Restatement Effective Date, reflect the respective Commitments of the Lenders hereunder. (b) In connection with the foregoing, by signing this Agreement, each Loan Party hereby confirms that notwithstanding the effectiveness of this Agreement and the transactions contemplated hereby (i) the Obligations of such Loan Party under this Agreement and the other Loan Documents are entitled to the benefits of the guarantees and the security interests set forth or created herein and in the Collateral Documents, (ii) each Guarantor hereby confirms and ratifies its continuing unconditional obligations as Guarantor with respect to all of the Guaranteed Obligations, (iii) each Loan Document to which such Loan Party is a party is, and shall continue to be, in full force and effect and is hereby ratified and confirmed in all respects and shall remain in full force and effect according to its terms and (iv) such Loan Party ratifies and confirms that all Liens granted, conveyed, or assigned to any Agent by such Person pursuant to any Loan Document to which it is a party remain in full force and effect, are not released or reduced, and continue to secure full payment and performance of the Obligations.

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