Amendment to Settlement Agreement. Effective as of the Closing Date, the Settlement Agreement is hereby amended as follows:
Amendment to Settlement Agreement. Effective immediately upon execution of this Amendment, as between the Company, on the one hand, and each of the Investors and their respective Affiliates and Associates, on the other hand, the following sections of the Settlement Agreement are hereby terminated and deemed to be deleted in their entirety and are and shall be of no further force and effect: Sections 3, 5, 6, 7, 11(c), 11(d), 12, 13 and 27(a).
Amendment to Settlement Agreement. (a) Section 2(c) of the Settlement Agreement shall be deleted in its entirety and be replaced with the following new section 2(c) which reads as follows: “The Additional Installment Payments may be paid in cash in accordance with the installment schedule set out in this Section 2(b) or by issuing to Crede convertible note(s) in the form of Exhibit D (“Convertible Note”) for the total Settlement Amount in reliance upon the exemption from securities registration afforded by Section 4(a)(2) of the Securities Act of 1933, as amended (the “1933 Act”), and Rule 506(b) of Regulation D (“Regulation D”) as promulgated by the United States Securities and Exchange Commission (the “SEC”) under the 1933 Act.
Amendment to Settlement Agreement. This Settlement Agreement may not be altered, amended, modified, or otherwise changed in any respect or particular whatsoever except by a writing executed by an authorized representative of each party hereto.
Amendment to Settlement Agreement. Pursuant to Paragraph 12.11 (“Modifications and Amendments”) of the Settlement Agreement entered into between Xxxxxxx Xxxx (“Named Plaintiff”), individually and in his putative capacity as representative plaintiff on behalf of the putative Class Members and JPMorgan Chase Bank, N.A. (“JPMC”), Named Plaintiff and JPMC, by and through their respective counsel, xxxxxx and amend the Settlement Agreement as follows: • Paragraph 12.22 (“Press Release”) is stricken from the Settlement Agreement. Entered into this 26 day of October, 2021 For Xxxxxxx Xxxx For JPMorgan Chase Bank, N.A By: Xxxxxx Xxxxxxx (BBO No. 650671) XXXXXXX LAW L.L.C. 00 Xxxxxxx Xxxx Xxxxxx, XX 00000 Telephone: (000) 000-0000 xxxxxxxx@xxxxxxxxxx.xxx By: Xxxxx X. Xxxxxx (BBO #640854) Xxxxxxxxx Xxxxxxx, LLP Xxx Xxxxxxxxxxxxx Xxxxx, Xxxxx 0000 Xxxxxx, XX 00000
Amendment to Settlement Agreement. Effective as of the date hereof, Sections 2 of the Settlement Agreement is being replaced by Section 4 below, additional mutual releases are being entered into as stated in Section 8 below, and one (1) new section shall be added at the end of the Settlement Agreement, as follows:
Amendment to Settlement Agreement. Georgetown and Leander agree that to the extent the Settlement Agreement provides that Leander will provide retail water service to the Caughfield Subdivision Area, the Settlement Agreement is hereby amended to state that Georgetown will provide retail water service to the Caughfield Subdivision Area.
Amendment to Settlement Agreement. (a) Section 1(d)(iv) of the Settlement Agreement shall be deleted in it entirety and is replaced with the following: "If within one hundred and eighty (180) days prior to the expiration of the Mehta Options, the Registrable Securities have not been registered pursuant to a registration statement that has been declared effective by the Securities and Exchange Commission, and pursuant to which Mehta can sell his shares of Elite Common Stock (whether or not Mehta in fact sells any Registrable Securities), Elite shall extend the expiration date of the Mehta Options by additional one hundred and eighty (180) day increments until such registration occurs. If, at the time of the effectiveness of a registration statement pursuant to which Mehta can sell his shares of Elite Common Stock (whether or not Mehta in fact sells any Registrable Securities), the Mehta Options are to expire less than one hundred and eighty (180) days after the effectiveness of such registration statement, Elite will extend the expiration of the Mehta Options such that they shall expire at least one hundred and eighty (180) days after the effectiveness of such registration statement (an "Option Extension"); provided that an Option Extension shall not apply to any Mehta Options as to which (i) the Company shall have offered to have included in a registration statement to be filed by the Company the shares of Common Stock for which such Mehta Options may be exercised and (ii) such inclusion is refused or denied by Mehta (or the then holder of such options). Notwithstanding the foregoing proviso, (i) Mehta shall not be obligated to include any shares of Common Stock into which any Mehta Option shall be exercisable if the registration as to which inclusion is sought would require Mehta to agree to be bound by an underwriters agreement which would in any way affect the ability of Mehta to sell such Common Stock or incur any liabilities or additional costs and (ii) Mehta's right to exercise piggy-back registration rights as to any shares of Common Stock issued to Mehta upon exercise of any Mehta Options prior to expiration of such options shall continue in full force and effect as set forth in the Settlement Agreement.
Amendment to Settlement Agreement. Subject to the terms and conditions herein, the 2008 Settlement Agreement is hereby amended and restated to read in full as provided in Exhibit 1 hereto. The amendments made to the 2008 Settlement Agreement are highlighted in the version of the Settlement Agreement attached as Exhibit 2 hereto. In the event of any conflict, Exhibit 1 shall govern.
Amendment to Settlement Agreement. The Parties agree that the Settlement Agreement is amended to reduce the Designated Amount by $121,000, to $4,023,500, to give Xxxxxxx proper credit for the transfer of his H&F V interest to ADLT. Other than this modification, the Settlement Agreement shall remain in full force and effect, and each Party expressly acknowledges, agrees and reaffirms the validity and enforceability of the Settlement Agreement.
