Amendments to Plans. The Member acknowledges and agrees that PCA may, subject to consultation with the Member as required in section 6.2, change, update, replace, restate or otherwise amend the Plans from time to time, subject to compliance with the Regulation and the approval of the relevant Regulator(s).
Amendments to Plans. Directly or indirectly, amend or otherwise modify in any material respect the Development Plan, the Financial Model or the Environmental Management Plan without the prior consent of the Majority Lenders.
Amendments to Plans. 6.15.1 With respect to each Westbank Employee Plan subject to Section 409A of the Code, Westbank agrees to amend each such plan or cause each such plan to be amended to the extent necessary to comply with Section 409A of the Code (or to cause such plan, in whole or in part, to avoid the application of Section 409A of the Code by preserving the terms of such plan, and the law in effect, for benefits earned and vested as of December 31, 2004) prior to the earlier of the Effective Time or the deadline imposed by the IRS. Such amendments shall be provided to NewAlliance and its counsel at least ten days prior to their proposed adoption by Westbank or WB and shall be subject to the prior approval of NewAlliance, which shall not be unreasonably withheld.
6.15.2 Prior to December 31, 2006, Westbank shall amend its Money Purchase Pension plan and its 401(k) Retirement Plan (to the extent practicable under applicable law) in order to exclude from the compensation covered by such plans the following items:
(a) any compensation recognized with respect to stock options or restricted stock awards subsequent to June 30, 2006, (b) any severance payments, including any severance to be prepaid in 2006, and (c) the payment of benefits pursuant to any Westbank Employee Plan, including the supplemental retirement plan agreements. Such amendments shall be provided to NewAlliance and its counsel at least ten days prior to their proposed adoption by Westbank or WB and shall be subject to the prior approval of NewAlliance, which shall not be unreasonably withheld.
Amendments to Plans. HCS may amend the Plans from time to time to increase the scope of the Project, subject to the written approval of the Independent Construction Consultant, which shall be granted in the manner set forth below. Any such amendment shall be in writing and shall identify with particularity the changes to the Plans, and the corresponding changes to the Construction Disbursement Budget and each line item to be changed, the amount of the change, and the amount from the "Contingency" line item in the Construction Disbursement Budget to be reallocated or Equity Contributions which will be utilized to pay for the increase. Pursuant to an agreement between the Independent Construction Consultant and HCS, the Independent Construction Consultant shall approve of the amendment if, and only if, HCS certifies (in an Officer's Certificate, as defined in the Indenture), and the Independent Construction Consultant believes in his reasonable judgment, that the following conditions have been satisfied:
a. all such changes to the Plans are in the best interest of HCS and the Project, and in no way detract from or decrease the original scope or quality of the Project;
b. all line item increases, if any, are reasonably necessary in order to complete the work represented by such line item;
c. the costs represented by such line item increases do not exceed the "Contingency" line item and Equity Contributions, in each case to the extent not previously expended or dedicated to the payment of items contained in the Construction Disbursement Budget (other than the "Contingency" line item); and
d. immediately following such increases (i) the Construction Disbursement Budget provides for construction of improvements which are substantially consistent with the Project and the Plans as amended, (ii) the Construction Schedule calls for construction which will permit the Operating Date to occur on or prior to the Operating Deadline, (iii) the Construction Disbursement Budget reasonably establishes the line item components of the work required to be undertaken in order to complete construction of the Project, and reasonably establishes the cost of completing each line item component of such work, and (iv) the Remaining Costs will not exceed the Available Funds.
Amendments to Plans. 18 EMPLOYEE BENEFITS AGREEMENT THIS EMPLOYEE BENEFITS AGREEMENT, dated as of the 1st day of January, 2004, is by and between F.N.B. Corporation, a Florida corporation ("Parent"), and First National Bankshares of Florida, Inc., a Florida corporation ("SpinCo").
Amendments to Plans. To the extent not otherwise described in this Agreement, each of Parent and SpinCo shall have the authority to take all action necessary to cause any Plans to be amended in order to effect the provisions of this Agreement, and until such time as formal amendments are adopted, such Plans shall be deemed amended as of the Distribution Date in order to effect the provisions contained in this Agreement.
Amendments to Plans. Each of the Company stock option plans ------------------- providing for the issuance or grant of options in respect to the stock of Company shall be assumed as of the Effective Time by Parent with such amendments thereto as may be required to reflect the Merger, including the substitution of Parent Common Stock for Company Common Stock thereunder.
Amendments to Plans. 7 SECTION 3.3. Major Contracts and Permits ................................................ 8 SECTION 3.4. Segregated Account ......................................................... 8 SECTION 4. Conditions Precedent to Construction Disbursement Account Disbursement .......... 8 SECTION 4.1. General Conditions ......................................................... 9 SECTION 4.2. Initial Disbursement ....................................................... 9 SECTION 4.3. Final Disbursement Following Operating Date ................................ 9 SECTION 4.4.
Amendments to Plans. The plans described in this Section 7 may be amended from time to time by the Owner with the written approval of the Township and the Conservation Authority and such approval shall not be unreasonably withheld.
Amendments to Plans. Such amendments to each Company stock option plan and Company Option as may be required to reflect the Merger and the terms of this SECTION 2.9 shall be deemed to have been made at the Effective Time.
