AMENDMENTS TO PLAN. The Trustee may from time to time amend this Declaration of Trust with the concurrence of the Minister of National Revenue, if required, and the concurrence of provincial tax authorities, if applicable:
a) without notice to you or without your consent, provided that the amendment is made for the purpose of satisfying a requirement imposed by the Applicable Tax Legislation or at its effective date the amendment will not in the Trustee’s sole opinion adversely affect your rights under the PLAN; and
b) in all other cases, by giving 30 days notice in writing to you, provided that in all cases no such amendment will have the effect of disqualifying the PLAN as a registered retirement savings plan within the meaning of the Applicable Tax Legislation. Prior to the maturity date, the PLAN may also be amended according to the provisions of the Applicable Tax Legislation upon 30 days written notice to the Trustee to provide for the payment or transfer of the assets held by the Trustee in your PLAN to another registered retirement savings plan, registered pension plan or registered retirement income fund.
AMENDMENTS TO PLAN. The Board may at any time amend, alter, suspend or discontinue this Plan. Without the consent of an Optionee, no amendment, alteration, suspension or discontinuance may adversely affect outstanding Options except to conform this Plan and ISOs granted under this Plan to the requirements of federal or other tax laws relating to incentive stock options. No amendment, alteration, suspension or discontinuance shall require stockholder approval unless (a) stockholder approval is required to preserve incentive stock option treatment for federal income tax purposes, (b) stockholder approval is required to preserve option grants as “qualified performance-based compensation” under Section 162(m) of the Code, or (c) the Board otherwise concludes that stockholder approval is advisable.
AMENDMENTS TO PLAN. 8.1 Notwithstanding the meaning of “building plan” or “specifications” as defined in 1 above, the parties specifically agree that the contractor shall be entitled to adapt or amend the building plan and/or the specification in any way which the contractor considers necessary with the written approval of the employer:
8.1.1 to meet any requirements of any competent authority;
8.1.2 to give effect to any changes in materials, finishes or fittings which the contractor considers to be appropriate or which may not be readily available at the time due to a shortage in supply of such materials, finishes or fittings, without however detracting from the quality of the works; and any such adaptation in terms of this sub-clause shall be deemed to be the building plan and/or specification agreed upon between the parties; it being specifically agreed that under no circumstances will any alterations or additions be acceptable to the contractor at the insistence or request of the employer once the bond application has been submitted.
8.2 Notwithstanding any diagram or sketch indicating the position of the buildings in relation to erf boundaries, which may have been attached hereto, the actual siting or positions of the building/s in relation to erf boundaries may be altered with the written approval of the employer, subject to council approved building lines.
8.3 The costs of alterations, variations or additions relating to the building plan, the specifications and the finishing schedule shall be payable by the employer prior to the date of commencement, unless other arrangements for payment thereof have been made to the satisfaction of the contractor.
8.4 If the works are delayed by the employer for any reason whatsoever, the employer shall be liable for the costs of such delay. The contractor’s architect shall certify the amount due as a result of such delay, and such amount shall be payable within 3 (three) days of delivery of the said certificate to the purchaser, unless other arrangements for payment thereof have been made to the satisfaction of the contractor.
AMENDMENTS TO PLAN. The Board shall have the power to, at any time and from time to time, either prospectively or retrospectively, amend, suspend or terminate this Plan or any Award granted under this Plan without shareholder approval, including, without limiting the generality of the foregoing: changes of a clerical or grammatical nature, changes regarding the persons eligible to participate in this Plan, changes to the exercise price, vesting, term and termination provisions of the Award, changes to the Cashless Surrender Right provisions, changes to the authority and role of the Board under this Plan, and any other matter relating to this Plan and the Awards that may be granted hereunder, provided however that:
(a) such amendment, suspension or termination is in accordance with applicable laws and the rules of any stock exchange on which the Shares are listed;
(b) no amendment to this Plan or to an Award granted hereunder will have the effect of impairing, derogating from or otherwise adversely affecting the terms of an Award which is outstanding at the time of such amendment without the written consent of the holder of such Award;
(c) the expiry date of an Option Period in respect of an Option shall not be more than ten (10) years from the date of grant of an Option except as expressly provided in Section 3.4;
(d) the Directors shall obtain shareholder approval of:
(i) any amendment to the number of Shares specified in Section 7.1;
(ii) any amendment to the limitations on Shares that may be reserved for issuance, or issued, to Insiders, or remove participation limits on non-employee directors or increase the amounts of participation limits on non-employee directors;
(iii) any amendment that would reduce the exercise price of an outstanding Option other than pursuant to Section 7.3 or permits the cancellation and re-issuance of Options;
(iv) any amendment that would extend the expiry date of the Option Period in respect of any Option granted under this Plan except as expressly contemplated in Section 3.4;
(v) any amendment to permit Options to be transferred other than for normal estate settlement purposes; or
(vi) any amendment to reduce the range of amendments requiring shareholder approval contemplated in this Section. If this Plan is terminated, the provisions of this Plan and any administrative guidelines and other rules and regulations adopted by the Board and in force on the date of termination will continue in effect as long as any Award or any rights pursuant ther...
AMENDMENTS TO PLAN. The Trustee may from time to time amend this Declaration of Trust with the concurrence of the Minister of National Revenue, if required, and the concurrence of provincial tax authorities, if applicable:
a) without notice to you or without your consent, provided that the amendment is made for the purpose of satisfying a requirement imposed by the Applicable Tax Legislation or at its effective date the amendment will not in the Trustee’s sole opinion adversely affect your rights under the PLAN; and
AMENDMENTS TO PLAN. Upon approval of this Agreement and Plan of Merger and the Certificate of Merger by the stockholders of PEI and PEC, the Boards of Directors of PEI and PEC shall have the authority to amend this Agreement and Plan of Merger at any time prior to the filing of Certificate of Merger, provided that no such amendment shall (a) change the amount or kind of consideration payable to the sole stockholder of PEC in consideration of the merger; (b) change any other terms or conditions of the Agreement and Plan of Merger if such change would materially and adversely effect PEI, PEC or the stockholders of either of them; or (c) change the terms of the Certificate of Incorporation of either of PEI or PEC.
AMENDMENTS TO PLAN. If at any time during the life of any re-deployment plan the parties find it necessary to amend said plan in order to address any unanticipated matter that may arise, the parties agree to meet to discuss any such matter(s), and provided there is mutual agreement, effect such amendment(s) that may be appropriate.
AMENDMENTS TO PLAN. The Participant acknowledges and agrees that XXXX may change, update, replace, restate or otherwise amend the Plan from time to time, subject to any approval required under the Regulation. If XXXX determines to amend the Plan in any manner, XXXX shall strive to provide the Participant with not less than 90 (ninety) days prior written notice of such amendment coming into effect.
AMENDMENTS TO PLAN. The Plan may be amended without shareholder approval or approval of the Right holders to cure ambiguities or to correct or supplement defective provisions or inconsistent provisions contained in the Rights Agreement. Except as noted below, the Plan may also be amended prior to the Distribution Date to otherwise change or supplement any provision in any manner which the Board may deem necessary or desirable or following the Distribution Date to the extent such changes do not adversely affect the Right holders' interests. The Plan provides, however, that any amendment of any of the following terms of the Plan would require the additional approval of the holders of a majority of the shares of Common Stock voting for or against such amendment at a meeting of the Corporation's shareholders held prior to the Distribution Date: (i) the exercise price of the Rights; (ii) the amount required to be paid on any redemption of the Rights; (iii) the number and type of shares for which a Right is exercisable (except, in case of each of the foregoing, for adjustments expressly provided for in the Plan); (iv) the final expiration date of September 26, 2006; (v) the 20% beneficial ownership threshold that triggers the exercisability of the Rights and defines a Flip-In Event and the time at which the Rights can become nonredeemable; and (vi) the procedure that is required to be followed to cause the Rights to be redeemed pursuant to the shareholder referendum described above.
AMENDMENTS TO PLAN. (a) The Corporation may amend or terminate the Plan as provided therein and shall promptly furnish the Trustee with copies of any modification, amendment, restatement, or change of the Plan.
(b) Notwithstanding the foregoing provisions of Section 14(a) of this Agreement, any modification, amendment, restatement, termination or change of the Plan that would increase the responsibilities or liabilities of the Trustee under this Agreement or change its duties under this Agreement shall not be binding upon the Trustee without the written consent of the Trustee, and if the Trustee shall decline to so consent it shall forthwith resign as Trustee as provided in Section 12 of this Agreement.
