Amendment to the Shareholders Agreement. Effective upon the effectiveness of the Company’s Registration Statement on Form S-1 pursuant to which an initial Public Offering of common stock of the Company will be effected (the “Effective Time”), the Company and the Avista Entities hereby consent to the following amendments to the Agreement:
(a) Section 2.01 of the Agreement shall be deleted in its entirety and replaced with the following, and upon such effectiveness, the Agreement shall be amended as follows:
Amendment to the Shareholders Agreement. 1(b)(i) –
Amendment to the Shareholders Agreement. 1.1 Upon the date hereof, the Shareholders Agreement is hereby amended as set forth below:
(a) Each of Section 8.1 (Series C Redemption by the Company), Section 8.2 (Series B Redemption by the Company) and Section 8.3 (Series A+ Redemption by the Company) of the Shareholders Agreement shall be amended and restated from:
Amendment to the Shareholders Agreement. With effect from the date of this Deed, GSW, together with its Affiliates, shall be deemed to cease to hold any Effective Economic Interest for the purpose of Section 5.1 of the Shareholders Agreement notwithstanding its holding of one Class A Share.
Amendment to the Shareholders Agreement. (1) The Parties agree to amend the Shareholders Agreement as follows:
Amendment to the Shareholders Agreement. In the event that Xxxxxx exercises its rights set forth in Section 4(b) above and purchases LTBM Option Shares, Xxxxxx, JHM and the JHM Trustees agree to amend (1) the terms of the Shareholders' Agreement to incorporate the terms and conditions negotiated with Xxxxxx in the December 2001 draft amended and restated Shareholders' Agreement a copy of which is attached to this Agreement as Exhibit B, and (2) if applicable, the articles and bylaws of the Company.
Amendment to the Shareholders Agreement. The definition of “
Amendment to the Shareholders Agreement. 2.1. Section 5.2(a) of the Shareholders' Agreement is hereby amended by inserting at the beginning of Section 5.2(a), the following clause: "Subject to Section 5.4,".
2.2. Section 5.2(b) of the Shareholders' Agreement is hereby amended by:
(a) inserting in the first sentence of Section 5.2(b) after the clause "For purposes of effecting any Designated Action," the following clause: "subject to Section 5.4,"; and
(b) inserting in the second sentence of Section 5.2(b) after the clause "Each Designated Shareholder agrees with the Proxyholder that," the following clause: "except to the extent permitted by Section 5.4,".
2.3. Section 5.2(d) of the Shareholders' Agreement is hereby amended by inserting at the beginning of Section 5.2(d), the following clause: "Subject to Section 5.4,".
2.4. Article V of the Shareholders' Agreement is hereby amended by inserting the following as Section 5.4:
Amendment to the Shareholders Agreement. 3.1 The Shareholders’ Agreement is amended as follows with effect from the date of this Deed :
Amendment to the Shareholders Agreement. The Shareholders Agreement is hereby amended to state that the number of Original Shares of Company Stock beneficially owned by Xx. Xxxxx is 1,486,102.
