Amendments or Termination. The Board may amend, alter or discontinue the Plan or any outstanding Award, but no amendment, alteration or discontinuation shall be made, without the consent of a Participant, if such action would materially diminish any of the rights of the Participant under any Award theretofore granted to such Participant under the Plan; provided, however, that the Administrator may without the Participant’s consent (a) amend the Plan or any outstanding Award in such manner as it deems necessary to permit the granting of Awards meeting the requirements of the Code or other applicable laws (including, without limitation, to avoid adverse tax consequences to the Partnership or to Participants as provided in Section 14 and Section 18 below), and (b) amend any outstanding Awards in a manner that is not adverse (other than in a de minimis manner) to a Participant, except as otherwise may be permitted pursuant to Section 9 hereof or as is otherwise contemplated pursuant to the terms of the Award, without the Participant’s consent.
Amendments or Termination. This Agreement contains the entire understanding between Customer and Agent concerning the subject matter of this Agreement, supersedes all other Custody Agreements of dates previous and may be amended only in writing signed by both parties. No term or provision of this Agreement may be modified or waived unless in writing and signed by the party against whom such waiver or modification is sought to enforce. Either party's failure to insist at any time upon strict compliance with this Agreement or with any of the terms hereunder, or any continued course of such conduct on the part of either party shall in no event constitute or be considered a waiver by either party of any of its rights hereunder. This Agreement may be terminated at any time provided such effective time shall be not less than 30 days from the date of written notice of termination.
Amendments or Termination. Subject to the restrictions contained in the Plan, the Committee may waive any conditions or rights under, amend any terms of, or alter, suspend, discontinue, cancel or terminate, the Restricted Share Unit Agreement, prospectively or retroactively; provided that any such waiver, amendment, alteration, suspension, discontinuance, cancellation or termination that would adversely affect the rights of the Grantee or any holder or beneficiary of the Restricted Share Units shall not to that extent be effective without the consent of the Grantee, holder or beneficiary affected. Notwithstanding any other provision of the Plan or this Restricted Share Unit Agreement, the Company may terminate this Restricted Share Unit Agreement and either issue shares of Common Stock deliverable upon vesting hereunder or pay the Grantee cash for the Restricted Share Units based upon the Fair Market Value of the shares of Common Stock subject hereto at the time of such termination in accordance with Section 1.409A-3(j)(4)(ix) of the Treasury Regulations.
Amendments or Termination. The Board may, at any time and from time to time, subject to the written consent of the Trustee, amend, alter or discontinue the Option Plan, except that no amendment or alteration shall be made which would impair the rights of the holder of any Option therefore granted, without his consent.
Amendments or Termination. This MOU scope and/or budget may be amended by mutual agreement of both parties. This MOU may be terminated by either party with 30 day notice, subject to OCII payment of applicable Controller’s Office costs incurred through the termination date.
Amendments or Termination. This Restricted Share Unit Agreement and the Plan may be amended without the consent of the Grantee provided that such amendment would not impair any rights of the Grantee under this Restricted Share Unit Agreement. No amendment of this Restricted Share Unit Agreement shall, without the consent of the Grantee, impair any rights of the Grantee under this Restricted Share Unit Agreement. Notwithstanding any other provision of the Plan or this Restricted Share Unit Agreement, the Company may terminate this Restricted Share Unit Agreement and either issue shares of Common Stock deliverable upon vesting hereunder or pay the Grantee cash for the Restricted Share Units based upon the Fair Market Value of the shares of Common Stock subject hereto at the time of such termination) in accordance with Section 1.409A-3(j)(4)(ix) of the Treasury Regulations.
Amendments or Termination. This agreement may be amended at any time, and may be terminated at any time before the closing of the Reorganization, either before or after this Plan has been approved by stockholders of each of the Funds, by agreement of the Funds and the Trust, provided that no amendment shall have a material adverse effect upon the interests of stockholders of the Funds. In any case, this Plan may be terminated by any of the Funds or the Trust if the Reorganization has not occurred by the close of business on April 20, 2001.
Amendments or Termination. (a) This Trust Agreement may be amended by a written instrument executed by Trustee and Company. Notwithstanding the foregoing, no such amendment shall conflict with the terms of the Plan(s) or shall make the Trust revocable after it has become irrevocable in accordance with Section 1(b) hereof.
(b) The Trust shall not terminate until the date on which Plan participants and their beneficiaries are no longer entitled to benefits pursuant to the terms of the Plan(s). Upon termination of the Trust any assets remaining in the Trust shall be returned to Company.
(c) Upon written approval of participants or beneficiaries entitled to payment of benefits pursuant to the terms of the Plan(s), Company may terminate this Trust prior to the time all benefit payments under the Plan(s) have been made. All assets in the Trust at termination shall be returned to Company.
Amendments or Termination. This agreement may be amended at any time, and may be terminated at any time before the closing of the Reorganization, either before or after this agreement and plan of reorganization has been approved by shareholders of the Colonial Fund, by agreement of the Colonial Trust and the Xxxxx Xxx Trust, provided that no amendment shall have a material adverse effect upon the interests of shareholders of the Colonial Fund. In any case, this agreement and plan of reorganization may be terminated by either the Colonial Trust or the Xxxxx Xxx Trust if the Reorganization has not occurred by the close of business on __________.
Amendments or Termination. This agreement may be amended at any time, and may be terminated at any time before the closing of the Small Cap Contribution, by agreement of the Corporation and the Company, provided that no amendment shall have a material adverse effect upon the interests of stockholders of the Corporation. In any case, this Plan may be terminated by the Corporation or the Company if the Small Cap Contribution has not occurred by the close of business on December 31st, 2007.
