Amendments to all Documents Clause Samples
The "Amendments to all Documents" clause establishes the process and requirements for making changes to any of the documents related to an agreement. Typically, this clause specifies that amendments must be made in writing and agreed upon by all relevant parties, ensuring that no unilateral changes can be made without proper consent. By formalizing how modifications are handled, the clause helps prevent misunderstandings and disputes over the terms of the agreement, ensuring that all parties are aware of and agree to any changes.
Amendments to all Documents. Notwithstanding any other definitions therefor set forth therein, each of the Documents, including the Employment Agreement, is hereby amended to provide that a "change in control" of the Company and a "change of control" of the Company shall be deemed to occur if:
(i) there shall have occurred a change in control of a nature that would be required to be reported in response to Item 6(e) of Schedule 14A of Regulation 14A promulgated under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), as in effect on the date hereof, whether or not the Company is then subject to such reporting requirement, provided, however, that there shall not be deemed to be a "change in control" of the Company if immediately prior to the occurrence of what would otherwise be a "change in control" of the Company (a) the Executive is the other party to the transaction (a "Control Event") that would otherwise result in a "change in control" of the Company or (b) the Executive is an executive officer, trustee, director or more than 5% equity holder of the other party to the Control Event or of any entity, directly or indirectly, controlling such other party,
(ii) the Company merges or consolidates with, or sells all or substantially all of its assets to, another company (each, a "Transaction"), provided, however, that a Transaction shall not be deemed to result in a "change in control" of the Company if (a) immediately prior thereto the circumstances in (i)(a) or (i)(b) above exist, or (b)
(1) the shareholders of the Company, immediately before such Transaction own, directly or indirectly, immediately following such Transaction in excess of fifty percent (50%) of the combined voting power of the outstanding voting securities of the corporation or other entity resulting from such Transaction (the "Surviving Corporation") in substantially the same proportion as their ownership of the voting securities of the Company immediately before such Transaction and (2) the individuals who were members of the Company's Board of Trustees immediately prior to the execution of the agreement providing for such Transaction constitute at least a majority of the members of the board of directors or the board of trustees, as the case may be, of the Surviving Corporation, or of a corporation or other entity beneficially directly or indirectly owning a majority of the outstanding voting securities of the Surviving Corporation, or
(iii) the Company acquires assets of another company or a su...
Amendments to all Documents. All references in any of the Loan Agreement, the Assignment Documents, or any other document or instrument executed and delivered in connection with the Line (collectively, the "Loan Documents") to the "Line Note" shall be deemed to be references to the "Replacement Note" and all references to the "Line" shall be deemed to be references to the Line, as amended and increased hereby.