Amendments to Article 14 Sample Clauses

Amendments to Article 14. Article 14 of the Original Indenture is hereby amended as follows: (a) The second sentence of Section 14.03(b) of the Original Indenture is hereby amended and restated to read as follows: In such case, the Company will not send individual notices of its election to satisfy the Conversion Obligation in cash, if applicable, and the applicable Conversion Settlement Distribution will be computed in the same matter as set forth in clause (a) above except that the Cash Settlement Averaging Period shall be the five consecutive Trading Days ending on the third Trading Day prior to the Conversion Date and settlement (in cash or shares) will occur on the third Business Day following the Conversion Date. (b) Section 14.03(c) of the Original Indenture is hereby amended and restated in its entirety to read as follows: Notwithstanding anything to the contrary in this Indenture, at any time prior to Stated Maturity, the Company may irrevocably elect, in its sole discretion without the consent of Debentureholders, by notice to the Trustee and the Debentureholders, to satisfy in cash 100% of the principal amount of the Debentures converted after the date of such election pursuant to the following procedures. Upon any conversion made following the date of any such election, settlement dates will be determined in the same manner as set forth above in clauses (a) and (b) of this Section 14.03, and settlement amounts will be determined as set forth in the next two succeeding sentences. The Company will deliver to holders surrendering Debentures for conversion a cash amount equal to the lesser of (1) the amount of the Conversion Settlement Distribution calculated in accordance with clause (a)(ii) of this Section 14.03, or (2) 100% of the principal amount of Debentures surrendered for conversion (the “Face Amount”). In addition, if the amount of the Conversion Settlement Distribution calculated in accordance with clause (a)(ii) of this Section 14.03 exceeds the Face Amount, the Company will deliver to holders surrendering Debentures for conversion either cash in the amount of such excess or, at the Company’s option, a number of shares of Common Stock equal to the excess, if any, of (A) the number of shares equal to (i) the aggregate principal amount of Debentures to be converted divided by 1,000, multiplied by (ii) the Conversion Rate, over (B) the number of shares equal to the sum, for each day of the Cash Settlement Averaging Period, of (x) 1/7th (or 1/5th, as applicable) of t...
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Amendments to Article 14. A new Section 14.4 is hereby inserted after the existing Section 14.3 as follows: (A) Notwithstanding anything herein contained to the contrary (including Article 5 of the Lease), Landlord shall have access to the windows in the Premises as indicated on Exhibit “J” attached hereto and made a part hereof (collectively, the “Setback Access Windows”) in connection with the cleaning of the Building’s windows, maintenance and other reasonable Building requirements on such days and at such times as scheduled by the Building manager or cleaning personnel (which said schedule Landlord shall promptly deliver to Tenant) and otherwise upon reasonable prior notice to Tenant (except that no such notice shall be required in the case of an emergency). (B) Landlord and Tenant acknowledge and agree that Landlord intends to enter into a license agreement (the “License Agreement”) with Combined Specialty Insurance Company or an entity which is an Affiliate of Combined Specialty Insurance Company as of the date of this Amendment (the “Licensee”, provided that for purposes of this sentence all references to “Landlord” in the definition of “Affiliate” shall be deemed references to Combined Specialty Insurance Company), with whom Landlord is conducting negotiations regarding the Expansion Two Space as of the date of this Amendment. Tenant acknowledges that, pursuant to the License Agreement, Landlord may grant to Licensee the right upon at least one (1) Business Day prior written notice to Tenant to access the electrical closets located in the Expansion One Space as indicated by hatching on Exhibit “O” hereto (the “Expansion One Equipment Closet”) solely for the purpose of installing, utilizing, repairing, maintaining, or replacing the equipment more particularly described on Exhibit “P” hereto (“Licensee’s Equipment”) and to be located in the Expansion One Equipment Closet, which work shall be performed in a professional and diligent manner. Tenant agrees to make available to Licensee such access to the Expansion One Equipment Closet on at least one (1) Business Day prior written notice to Tenant during Tenant’s normal business hours (which are from 8:00 a.m. to 5:00 p.m.) on Business Days (or to Landlord at other times in the event of an emergency) for the period from the Expansion One Commencement Date through and including the Expansion Two Commencement Date. Upon delivery of such notice to Tenant, Landlord, Landlord’s agents, contractors and employees, Licensee, and License...
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Amendments to Article 14. Article 14 of the A&R Collaboration Agreement is hereby amended as follows: 2.9.1 Section 14.1 of the A&R Collaboration Agreement is amended and restated and replaced with the following:
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Amendments to Article 14. (a) Section 14.1.6 is hereby deleted in its entirety and replaced with the following: subject to the terms of any Preferred Units then Outstanding, an amendment that the General Partner determines in its sole discretion to be necessary or appropriate in connection with the creation, authorization or issuance of any class or series of Partnership Interests or options, rights, warrants or appreciation rights relating to Partnership Interests pursuant to Section 3.5; (b) Section 14.2.2 is hereby deleted in its entirety and replaced with the following: subject to the terms of any Preferred Units then Outstanding, a proposed amendment shall be effective upon its approval by the General Partner and, where required under this Agreement or by the Limited Partnership Act, on the consent, vote or approval of the amendment by the holders of a majority of the voting power of the Outstanding Equity Units. (c) Section 14.3.3 is hereby deleted in its entirety and replaced with the following: Except as otherwise provided, and without limitation of the General Partner’s authority to adopt amendments to this Agreement as contemplated in Section 14.1, the General Partner may amend the Partnership Agreement without the approval of holders of Outstanding Equity Units, except that any amendment that would have a material adverse effect on the rights or preferences of any class of Outstanding Units in relation to other classes of Partnership Interests must be consented to or approved by the holders of at least a majority of the Outstanding Partnership Interests of the class affected. (d) Section 14.3.4 is hereby deleted in its entirety and replaced with the following: Notwithstanding any other provision of this Agreement, except for amendments pursuant to Section 14.1, no amendments shall become effective without the approval of at least 90% of the voting power of the Outstanding Equity Units unless the Partnership obtains an Opinion of Counsel to the effect that (i) such amendment will not cause the Partnership to be treated as an association taxable as a corporation or otherwise taxable as an entity for tax purposes (provided that for U.S. tax purposes the General Partner has not made the election contemplated by
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Amendments to Article 14. (a) Section 14.4 is hereby deleted in its entirety and replaced with the following: All acts of Limited Partners to be taken hereunder shall be taken in the manner provided in this Article 14. Meetings of the Limited Partners may only be called by the General Partner. A meeting shall be held at a time and at a place (outside of Canada) or by means of such telephone, electronic or other communication facilities (including, without limiting the generality of the foregoing, by telephone or by video conferencing) as permit all persons participating in the meeting to communicate with each other simultaneously and instantaneously (“electronic means”), as may be determined by the General Partner on a date not less than 10 days and not more than 60 days after the mailing of notice of the meeting. For any meeting held by electronic means, the place of such meeting shall be deemed to be the physical location of the chairman of such meeting. Limited Partners shall not vote on matters that would cause the Limited Partners to be deemed to be taking part in the management and control of the activities and affairs of the Partnership so as to jeopardize the Limited Partners’ limited liability under the Limited Partnership Act or the Law of any other jurisdiction in which the Partnership is qualified to conduct activities and affairs. (b) Section 14.7 is hereby deleted in its entirety and replaced with the following: When a meeting (including a meeting conducted by electronic means) is adjourned to another time or place, notice need not be given of the adjourned meeting and a new Record Date need not be fixed if the time and place thereof (including for a meeting conducted by electronic means) are announced at the meeting at which the adjournment is taken, unless such adjournment shall be for more than 45 days. At the adjourned meeting, the Partnership may transact any business which might have been transacted at the original meeting. If the adjournment is for more than 45 days or if a new Record Date is fixed for the adjourned meeting, a notice of the adjourned meeting and/or the new Record Date, as applicable, shall be given in accordance with this Article 14. (c) Section 14.8 is hereby deleted in its entirety and replaced with the following: Subject to the terms of any Preferred Units then Outstanding, twenty percent of the Outstanding Units of the class or classes for which a meeting has been called (including Units held by the General Partner) represented in person or...
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Related to Amendments to Article 14

  • Amendments to Article I Article I of the Existing Credit Agreement is hereby amended in accordance with Subparts 2.1.1 through 2.1. Section 1.1 of the Existing Credit Agreement is hereby amended by inserting the following definitions in such Section in the appropriate alphabetical sequence:

  • Modification to Article V, Section 4 of the DPA Article V, Section 4 of the DPA (Data Breach.) is amended with the following additions: (6) For purposes of defining an unauthorized disclosure or security breach, this definition specifically includes meanings assigned by Texas law, including applicable provisions in the Texas Education Code and Texas Business and Commerce Code.

  • Modification to Article III, Section 2 of the DPA Article III, Section 2 of the DPA (Annual Notification of Rights.) is amended as follows:

  • Amendment to Article I Article I of the Existing Credit Agreement is hereby amended as follows: SECTION 2.1.1. Section 1.1 of the Existing Credit Agreement is hereby amended by inserting the following definitions in the appropriate alphabetical order:

  • Modification to Article IV, Section 7 of the DPA Article IV, Section 7 of the DPA (Advertising Limitations) is amended by deleting the stricken text as follows: Provider is prohibited from using, disclosing, or selling Student Data to (a) inform, influence, or enable Targeted Advertising; or (b) develop a profile of a student, family member/guardian or group, for any purpose other than providing the Service to LEA. This section does not prohibit Provider from using Student Data (i) for adaptive learning or customized student learning (including generating personalized learning recommendations); or (ii) to make product recommendations to teachers or LEA employees; or (iii) to notify account holders about new education product updates, features, or services or from otherwise using Student Data as permitted in this DPA and its accompanying exhibits.

  • Modification to Article VII, Section 4 of the DPA Article VI, Section 4 of the DPA (Annual Notification of Rights.) is amended as follows:

  • Amendments to Section 6 06. Section 6.06 of the Existing Credit Agreement is hereby amended in its entirety to read as follows:

  • Amendments to Section 5 1 of the Original Indenture. Solely for the purpose of determining Events of Default with respect to the 2023 Notes, paragraphs Section 5.1(e), Section 5.1(f) and Section 5.1(h) of the Original Indenture shall be amended such that each and every reference therein to the Issuer shall be deemed to mean either the Issuer or Consumers.

  • Amendments to Section 2 01. Section 2.01 of the Credit Agreement is hereby amended as follows: (a) Section 2.01(a) is hereby amended and restated in its entirety to read as follows:

  • Amendments to Section 1.1 Section 1.1 of the Credit Agreement is hereby amended by adding the following definitions, in proper alphabetical order, as follows:

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