Amendments to Article XIII Sample Clauses

Amendments to Article XIII. In the event of any inconsistency between any provision of this Article XIII and any other provision of these By-laws or the Corporation’s other constituent documents, the provisions of this Article XIII shall control. During the Specified Period, the provisions of this Article XIII may be modified, amended or repealed, and any Bylaw provision inconsistent with such provisions may be adopted, only by the affirmative vote of at least 75% of the Board of Directors. Adopted by the Board of Directors on [Date] 1 In addition to the inclusion of the other corporate governance provisions of this Section 13 into the bylaws of the Surviving Bank, the bylaws of the Surviving Bank will provide that the trust committee of the bank will consist of five (5) members, two (2) of whom shall be Legacy ORRF Directors and three (3) of whom shall be Legacy CVLY Directors, and the chairperson of the trust committee shall be a Legacy CVLY Director serving on such committee. AGREEMENT AND PLAN OF BANK MERGER (“Agreement”) is dated as of [●], by and between Orrstown Bank, a Pennsylvania chartered bank (“ORRF Bank”), and PeoplesBank, A Codorus Valley Company, a Pennsylvania chartered bank (“CVLY Bank”).
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Amendments to Article XIII. The Agent and the Lenders may amend any provision in this Article XIII, except Section 13.01, without prior notice to or the consent of the Borrowers, and the Agent shall provide a copy of any such amendment to the Borrowers reasonably promptly thereafter; provided however if any such amendment would materially adversely affect any rights, entitlements, obligations or liabilities of the Borrowers, such amendment shall not be effective until the Borrowers provides their written consent thereto, such consent not to be unreasonably withheld or arbitrarily delayed.
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Amendments to Article XIII. (a) The first sentence of Section 13.1 of the Construction Agreement is hereby amended in its entirety to read as follows: "Except as otherwise expressly limited herein, it is the intent of the Parties that all release and indemnity obligations in this Article XIII be without monetary limit." (b) Section 13.2(a) of the Construction Agreement is hereby amended in its entirety to read as follows: (a) Without limiting other rights and remedies of Owner under this Agreement, to the fullest extent permitted by law, Construction Manager does hereby assume liability for, and does hereby agree to indemnify, protect and defend, save and hold harmless Owner and its respective employees, affiliates, successors, assigns, agents, officers and directors, and anyone else acting for or on behalf of any of the foregoing Persons (each, an "Owner Indemnified Party") from and against any and all Damages that may be imposed on, suffered or incurred by, or asserted against, any Owner Indemnified Party, that arise out of, or result from, events or circumstances in any way related to, or arising out of: (i) Construction Manager's (or any Contractor's) fraud, negligence, intentional act or omission, willful misconduct or breach of Law relating to the Work, the Casino Hotel and/or this Agreement; (ii) materials, construction or workmanship of Construction Manager or any Contractor or the execution of the Work; (iii) breach of this Agreement by Construction Manager; (iv) any third-party claims (including lien claims) relating to the Work and/or Construction Manager's obligations under this Agreement; (v) losses and liabilities arising from any legal obligation that Owner may have to withhold amounts from, or deduct any tax at the source from, payments due to Construction Manager (which in each case shall be treated as paid to Construction Manager for purposes of this Agreement) or the assertion of any tax payable by Construction Manager or any Contractor against Owner; (vi) the performance of the Work under any workers' compensation, disability or similar benefit act; (vii) the vitiation of any insurance policies due to Construction Manager's or any Contractor's breach of warranty, declaration or condition contained in any insurance policy, including the provision of false and misleading information; (viii) any amount that Construction Manager shall have failed to pay to any Contractor as compensation for the performance of any Work (to the extent that Construction Manager received ...
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Amendments to Article XIII. Solely with respect to the 2028 Guaranteed Notes, Section 1303 of the Indenture is amended by inserting the following immediately after the phrase “1006 through 1008 inclusive”: “and 1010 and 1011”.
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Amendments to Article XIII. Article XIII of the Partnership Agreement is hereby amended as follows: (a) Section 13.1(b) is hereby amended by inserting immediately after the words "other Partner" and before the words "in any other Basic Document" the phrase "(other than GE Capital)". (b) Section 13.1(e) is hereby amended by inserting immediately before the word "unless" in the proviso clause appearing therein, the phrase "so long as, at the time that any such cure is made, any such Other Partner also makes capital contributions to the Partnership to reimburse the Senior Debt Service Reserve Letter of Credit Issuer in an aggregate amount equal to the aggregate principal amount of all unreimbursed drawings under the Senior Debt Service Reserve Letters of Credit,". (c) Section 13.1(f) is hereby amended by deleting the word "and" at the end of subparagraph (3) thereof, by inserting the word "and" after the semicolon at the end of subparagraph (4) thereof and by inserting the following new subparagraph (5) immediately after subparagraph (4) thereof:
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Amendments to Article XIII. (a) Article XIII, Section 1 is amended to read as follows: (a) The parties, realizing the complexities of the changing rail industry and environment, and to alleviate any adversarial relationships emanating from such, agree to establish a non-binding joint review Panel to study and examine those unresolved subjects. The National Wage and Rules Panel (Panel) shall consist of three (3) members representing the United Transportation Union and three (3) members representing the carriers. The President of UTU and the Chairman of the National Carriers' Conference Committee (NCCC) shall be ex officio members of the Panel. (b) The patties will assume the compensation and expenses of their respective members. Any incidental expenses incurred in connection with Panel meetings shall be shared equally by the parties." (b) The list of subjects set forth in Article XIII, Section 2 is amended to add the following issues, and the parties hereby commit to use their best efforts to resolve such matters: O employee protective arrangements O access to employee medical information O employee availability O vacation scheduling O daily xxxx up (preference) rules in yard service O national training agreements (c) Article XIII, Section 4(a) is amended to read as follows: "While the Panel's recommendations shall not be considered final and binding, the parties shall exert good faith efforts to utilize those recommendations as a basis for settlement of the issues involved. Notwithstanding any provision to the contrary, the Panel may be dissolved at any time by majority vote of the members."
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Amendments to Article XIII. Article XIII is hereby amended to add the following new Sections 13.22, 13.23 and 13.24 effective as of the Effective Time of the Fourth Closing:
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Amendments to Article XIII of the Agreement is hereby amended and restated in its entirety as follows:
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Related to Amendments to Article XIII

  • 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:

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

  • 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.

  • 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:

  • 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 7 11. Section 7.11 of the Existing Credit Agreement is hereby amended and restated in its entirety to read as follows:

  • Amendments to Servicing Agreements, Modification of Standard Provisions (a) Subject to the prior written consent of the Trustee pursuant to Section 3.07(b), the Master Servicer from time to time may, to the extent permitted by the applicable Servicing Agreement, make such modifications and amendments to such Servicing Agreement as the Master Servicer deems necessary or appropriate to confirm or carry out more fully the intent and purpose of such Servicing Agreement and the duties, responsibilities and obligations to be performed by the Servicer thereunder. Such modifications may only be made if they are consistent with the REMIC Provisions, as evidenced by an Opinion of Counsel. Prior to the issuance of any modification or amendment, the Master Servicer shall deliver to the Trustee such Opinion of Counsel and an Officer's Certificate setting forth (i) the provision that is to be modified or amended, (ii) the modification or amendment that the Master Servicer desires to issue and (iii) the reason or reasons for such proposed amendment or modification. (b) The Trustee shall consent to any amendment or supplement to a Servicing Agreement proposed by the Master Servicer pursuant to Section 3.07(a), which consent and amendment shall not require the consent of any Certificateholder if it is (i) for the purpose of curing any mistake or ambiguity or to further effect or protect the rights of the Certificateholders or (ii) for any other purpose, provided such amendment or supplement for such other purpose cannot reasonably be expected to adversely affect Certificateholders. The lack of reasonable expectation of an adverse effect on Certificateholders may be established through the delivery to the Trustee of (i) an Opinion of Counsel to such effect or (ii) written notification from each Rating Agency to the effect that such amendment or supplement will not result in reduction of the current rating assigned by that Rating Agency to the Certificates. Notwithstanding the two immediately preceding sentences, the Trustee may, in its discretion, decline to enter into or consent to any such supplement or amendment if its own rights, duties or immunities shall be adversely affected. (i) Notwithstanding anything to the contrary in this Section 3.07, the Master Servicer from time to time may, without the consent of any Certificateholder or the Trustee, enter into an amendment (A) to an Other Servicing Agreement for the purpose of (i) eliminating or reducing Month End Interest and (ii) providing for the remittance of Full Unscheduled Principal Receipts by the applicable Servicer to the Master Servicer not later than the 24th day of each month (or if such day is not a Business Day, on the previous Business Day) or (B) to the WFHM Servicing Agreement for the purpose of changing the applicable Remittance Date to the 18th day of each month (or if such day is not a Business Day, on the previous Business Day). (ii) The Master Servicer may direct WFHM to enter into an amendment to the WFHM Servicing Agreement for the purposes described in Sections 3.07(c)(i)(B) and 10.01(b)(iii).

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