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 During the Specified Period, the provisions of this Article XIII may be modified, amended or repealed, and any Bylaw provision inconsistent with such provisions may be adopted, only by the affirmative vote of at least 75% of the Board of Directors.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. Exhibit D Bank Merger Agreement AGREEMENT AND PLAN OF BANK MERGER 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”).
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.
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:
Amendments to Article XIII. Article XIII of the Partnership Agreement is hereby amended as follows:
Amendments to Article XIII. Section 13.12 of the Agreement is hereby amended and restated in its entirety as follows:
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”. ARTICLE SIX
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."
