AMENDMENTS TO CHARTER DOCUMENTS; ETC Sample Clauses

AMENDMENTS TO CHARTER DOCUMENTS; ETC. The Company may modify, amend or supplement the Company's Articles of Organization or By-laws provided the rights of each stockholder of the Company are similarly affected by such modification, amendment or supplement.
Sample 1
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AMENDMENTS TO CHARTER DOCUMENTS; ETC. Without limiting the obligations of the Company set forth in Section 6.02(a) above, the Company will not until the Bank Debt is paid in full, by refinancing or otherwise, cause or permit the Certificate of Incorporation or By-laws of the Company to be modified, amended or supplemented so as: (a) to authorize or create any new class or any new series of any class of the equity interests of the Company which constitutes Preferred Equity Interests; or (b) to reclassify the authorized equity interests of the Company of any class or of any series of any class, by changing the designations, preferences, or relative, participating, optional, or other special rights of the equity interests, or the qualifications, limitations or restrictions of such rights; or (c) to alter, change or abolish any of the powers, preferences or rights of any of the equity interests of the Company of any class or of any series of any class of such equity interests; or (d) to create any powers, preferences or rights in respect of any of the equity interests of the Company of any class or of any series of any class; or (e) to amend, repeal, abolish or modify any term or provision of, or add any term or provision to, any Article or Section of the Certificate of Incorporation or Bylaws of the Company; if any such action of the kind described in items (a) through (e) of this Section 6.03 would either (1) materially change or otherwise affect any of the powers, designations, preferences, privileges or rights of the Acquired Equity Interests or any of the restrictions provided for the benefit of the Acquired Equity Interests or (2) result, directly or indirectly, in the failure of the Company or the Board of Directors of the Company to perform its obligations set forth in Section 6.02(a) above.
Sample 1

Related to AMENDMENTS TO CHARTER DOCUMENTS; ETC

  • Amendments to Charter Documents The Company covenants and agrees, that prior to its initial Business Combination it will not seek to amend or modify its Charter Documents, except as set forth therein. The Company acknowledges that the purchasers of the Public Securities in the Offering shall be deemed to be third party beneficiaries of this Agreement and specifically this Section 3.22.

  • Amendments, Supplements, Etc This Agreement may be amended or supplemented at any time by additional written agreements as may mutually be determined by Purchaser and Seller to be necessary, desirable or expedient to further the purposes of this Agreement, or to clarify the intention of the parties hereto.

  • Certified Copies of Charter Documents Each of the Lenders shall have received from the Borrower and each of its Subsidiaries a copy, certified by a duly authorized officer of such Person to be true and complete on the Closing Date, of each of (a) its charter or other incorporation documents as in effect on such date of certification, and (b) its by-laws as in effect on such date.

  • Amendments to Organizational Documents The Borrower will not, nor will it permit any of its Restricted Subsidiaries to, enter into or permit any modification or amendment of, or waive any material right or obligation of any Person under its Organizational Documents if the effect thereof would be materially adverse to the Administrative Agent or any Lender or violate Section 7.10.

  • Amendments to Certificate of Incorporation The Company covenants and agrees that prior to its initial Business Combination it will not seek to amend or modify its Certificate of Incorporation, except as set forth in the Certificate of Incorporation.

  • Amendments to Documents The Trust shall furnish BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 18 hereof forthwith upon such amendments or changes becoming effective. In addition, the Trust agrees that no amendments will be made to the Prospectuses or Statement of Additional Information of the Trust which might have the effect of changing the procedures employed by BISYS in providing the services agreed to hereunder or which amendment might affect the duties of BISYS hereunder unless the Trust first obtains BISYS' approval of such amendments or changes.

  • Compliance with Law and Charter Documents The Company is not in violation or default of any provisions of the Certificate of Incorporation or the Bylaws. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

  • 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.

  • Amendment of Bylaws In furtherance and not in limitation of the powers conferred by the laws of the State of Delaware, the Board of Directors is expressly authorized to adopt, amend or repeal the Bylaws of the Corporation.

  • Amendments to Existing Agreement The Existing Agreement is, effective as of the date hereof and subject to the satisfaction of the conditions precedent set forth in Section 2 hereof, hereby amended as follows:

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