Amendments, Modifications, or Waivers Sample Clauses

Amendments, Modifications, or Waivers. Any provision of this Agreement (including amendments to this Section 11.05) may be amended, modified or waived with the written approval of the Managing Member and the Members that own a majority of the outstanding Units held by the Members in the aggregate; provided, that any amendment, modification or waiver which materially and adversely affects any Units in a particular class in a manner different than other Units of such class shall require the consent of the Members holding a majority of the Units so affected thereby; and provided, further, that the Managing Member may amend this Agreement, as it deems to be necessary or appropriate, without the prior vote or consent of any Member or any other Person in order to reflect, (i) in accordance with Section 3.02, the authorization, creation and issuance of Units (including additional Common Units and new classes of Units that are senior to the then existing classes of Units) or other Company securities, (ii) in accordance with Section 3.02, the rights, powers, preferences, duties, liabilities and obligations, in connection with such Units or other Company securities (other than rights, powers, preferences, duties, liabilities and obligations represented by the Common Units), of the Members holding such new Units or the Persons holding such other Company securities, (iii) in accordance with Section 3.02 and Section 7.02, the admission of any Person as a Members who has received any Units or the substitution or withdrawal of Members in accordance with this Agreement (including, the right to amend Annex A), (iv) in accordance with Section 7.02, any contributions by Members (including, the right to amend Annex A), (v) a change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company, (vi) any amendment, supplement, waiver or modification that the Managing Member determines in its sole discretion to be necessary or appropriate to address changes in U.S. federal income tax regulations, legislation or interpretation, or (vii) a change in the Fiscal Year or taxable year of the Company and any other changes that the Managing Member determines to be necessary or appropriate as a result of a change in the Fiscal Year or taxable year of the Company, including a change in the dates on which distributions are to be made by the Company. If an amendment has been approved in accordance with this Agreement, such a...

Amendments, Modifications, or Waivers. This Lease may only be amended, changed, terminated or modified by a written instrument signed by both Landlord and Tenant. Neither this Lease nor any term or provisions hereof may be changed, waived, discharged or terminated orally. A breach of this Lease shall not be waived except by a written instrument signed by the party against which the change, waiver, discharge or termination is sought.

Amendments, Modifications, or Waivers. Any provision of this Agreement may be amended, modified or waived upon the prior written approval of the Members by a Required Vote; PROVIDED that any amendment, modification, or waiver which adversely affects any Member's rights or obligations hereunder relative to the Members voting in favor thereof, such amendment, modification, or waiver shall also require the written consent of such Member so adversely affected; AND PROVIDED FURTHER that if any such amendment, modification, or waiver is to a provision in this Agreement that requires a specific vote to take an action thereunder or to take an action with respect to the matters described therein, such amendment, modification, or waiver shall not be effective unless such vote is obtained with respect to such amendment, modification or waiver.

Amendments, Modifications, or Waivers. Subject to, and in compliance with, the other terms and conditions of this Agreement, (including Sections 2.3(e), 4.12, and this Section 12.5), any provision of this Agreement may be amended, modified or waived with the prior written consent of a Common Majority in Interest; provided that, any amendment, modification or waiver pursuant to this Section 12.5 that would, directly or indirectly, reduce or eliminate any material right of, or increase the obligations of, or disproportionately or materially adversely affect any Unitholder holding Series A Preferred Units (or a group of Unitholders holding Series A Preferred Units), Series A Warrants and/or Series A Warrant Units shall require the consent of such a Majority in Interest of such Unitholders being affected, it being agreed that the Board may amend this Agreement, without the consent or approval of any Member: (a) without limiting Section 2.2(b), in connection with the creation, authorization or issuance of Equity Securities properly approved pursuant to the terms of this Agreement, and none of (i) the effect of admitting Additional Members in compliance with the terms hereof or (ii) reflecting any Transfers of Units in accordance with Article IX, shall be deemed to adversely affect a Member or require consent of any Member pursuant to this Section 12.5; (b) to correct typographical, formatting, or other similar errors, (c) to change the name of the Company; (d) to correct or cure manifest errors or defects; or (e) to effect administrative changes of an immaterial nature. Notwithstanding the foregoing, or anything to the contrary, any amendment, modification, or waiver of Article IX or Sections 1.7, 2.3, 2.5, 2.11, 2.12, 4.2, 4.6, 4.12, 8.8, 12.21 or this 12.5, or any amendment, modification, waiver, alteration or repeal of any of the rights contained in Section 3.1 that materially adversely affects any Unitholder holding Series A Preferred Units (or a group of Unitholders holding Series A Preferred Units), Series A Warrants, or Series A Warrant Units, shall require the prior written consent of the Series A Preferred Majority in Interest. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, duty, agreement, or condition.

Amendments, Modifications, or Waivers. Subject to Section 11.5(b) and Section 11.5(c), any provision of this Agreement may be amended or modified if, but only if, such amendment or modification is in writing and is approved in writing by the Board, including at least one (1) of the TPC Representatives and at least one (1) of the BR Representatives for so long as the Retained Equity equals or exceeds the Minimum Threshold.

Amendments, Modifications, or Waivers. Neither this Agreement nor any provision hereof shall be amended, modified or waived without the prior written consent of Holders holding at least eighty percent (80%) of the Restricted Securities held by all Holders, in which case such amendment, modification or waiver shall be binding upon all such Holders whether or not consented to by all such Holders.

Amendments, Modifications, or Waivers. (a) Subject to Section 11.5(b) and Section 11.5(c), any provision of this Agreement may be amended or modified if, but only if, such amendment or modification is in writing and is approved in writing by the Board, including at least one (1) of the TPC Representatives and at least one (1) of the BR Representatives for so long as the Retained Equity equals or exceeds the Minimum Threshold. (b) Notwithstanding Section 11.5(a) but subject to Section 11.5(c), if an amendment or modification of this Agreement: (i) would alter or change the special rights hereunder of a Member or group of Members (including the BR Member) specifically granted such special rights by name, such amendment or modification shall not be effective against such Member or group of Members (as the case may be) without the prior written consent of such Member or, in the case of a group of Members, the holders of at least a majority of the Units held by such group of Members; (ii) would alter or change the powers, preferences or special rights hereunder of the holders of a class of Units (holders of such class, the “Subject Members”) so as to affect them materially and adversely different than the holders of any other class of Units, such amendment or modification shall not be effective against the Subject Members without the prior written consent of the holders of at least a majority of such class of Units held by the Subject Members; (iii) would alter or change the rights or obligations of any Member provided under Section 2.2(d), Section 2.3, Section 3.1(b), Section 5.1, Section 5.4, Section 5.6, Section 7.2, Article IX or this Section 11.5 shall not be effective without the prior written consent of Members holding a majority of the Units not held by the TPC Member and its Affiliates; or (iv) would alter or change the rights or obligations of any Member provided under Section 9.7(f), Section 9.8(g) or Section 9.11(h) shall not be effective (a) without the prior written consent of (a) any Member with the right or obligation to sell Units pursuant to any such Section or (b) in the case of a former Member that has already sold Units pursuant to any such Section, without the prior written consent of such former Member (even if no longer a Member under this Agreement). (v) would alter or change any requirement in this Agreement that a matter be approved by all Members, such amendment or modification shall not be effective without the prior consent of all Members. (c) The provisions of Section ...

Amendments, Modifications, or Waivers. Except as explicitly stated, any amendments or modifications to this Interconnection Agreement shall be in writing and agreed to by both Parties. The failure of any Party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any Party of the breach of any term or covenant contained in this Interconnection Agreement, whether by conduct or otherwise, shall be deemed to be construed as a further or continuing waiver of any such breach or a waiver of the breach of any other term or covenant unless such waiver is in writing.

Amendments, Modifications, or Waivers. Any provision of this Agreement may be amended, modified or waived with the written approval of Members holding a majority of the Class A Common Units; provided, however, that notwithstanding the foregoing: (a) this Agreement shall not be amended: (i) in any manner that would materially, adversely and disproportionately affect any Member without the consent of that Member; (ii) so as to modify the limited liability of a Member without the consent of such Member; or (iii) so as to increase a Member’s obligations to contribute to the capital of the Company without the consent of such Member; and (b) this Agreement shall not be amended, modified or supplemented or any rights hereunder waived without the approval of the A&A Members if any such amendment, modification, supplement or waiver either has one or more of the following effects or consequences: (i) any reduction, elimination or other adverse change on any right of the A&A Members to designate a Board member to attend and participate in meetings of the Board (or any committee thereof) or to approve or consent to any act, action, transaction or activity; and (ii) any change to the provisions set forth in Section 2.2(c), Section 2.2(d), Section 2.8, ARTICLE III, Section 4.4(c), Section 4.4(e), Section 4.7, Section 4.8, Section 5.1, ARTICLE VIII, and ARTICLE IX.