Deemed Amendment. Immediately upon the satisfaction of all other conditions in this Section 7.06 and in such assignment and acceptance agreement, this Agreement shall be deemed to be amended to the extent, but only to the extent, necessary to reflect the addition of the assignee Lender and the resulting adjustment of the Total Commitment arising therefrom.
Deemed Amendment. Immediately upon each Assignee's making its ---------------- processing fee payment under the Assignment and Acceptance, this Agreement shall be deemed to be amended to the extent, but only to the extent, necessary to reflect the addition of the Assignee and the resulting adjustment of the Commitments arising therefrom. The Commitment allocated to each Assignee shall reduce such Commitments of the assigning Lender pro tanto.
Deemed Amendment. Notwithstanding any other provision of this SECTION 3, the provisions of this SECTION 3 shall be deemed amended to incorporate and comply with the provisions of any applicable state securities laws, regulations, and administrative policies.
Deemed Amendment. The Parties’ covenants contained in Sections 9.01 and 9.02 hereof with respect to the Business, specified time period and geographic area are separate and several. Each Party acknowledges that the limitations and restrictions set forth in Sections 9.01 and 9.02 hereof are reasonable to protect the legitimate commercial interests of each of the Parties and their Affiliates, and in particular, to protect the investment in the Territory B Partnership, and that such covenants are given for valuable consideration and are valid and enforceable against each Party, and each Party hereby waives all defenses (other than fraud and misrepresentation and other defenses similar thereto) to the maximum extent possible regarding the strict enforcement of such covenants. If any court of competent jurisdiction determines that the definition of Business, the specified time period or the geographic area are unreasonable, arbitrary, too broad in description or scope, or against public policy, the shorter or smaller time period or geographic area, or reduced scope of business, as the case may be, determined by such court to be reasonable, non-arbitrary, sufficiently narrow or not against public policy, may be enforced against each Party. Notwithstanding the foregoing, each Party agrees to honor the provisions of Sections 9.01 and 9.02 hereof, including the definition of Business, the time period and the geographic area as specified herein and not to contest the enforceability of such definition of Business, time period or geographic area. If any covenant or provision in this Article IX is determined to be void or unenforceable, in whole or in part, such determination shall not affect or impair, or be deemed to affect or impair, the validity or enforceability of any other covenant or provision of this Article IX or of this Agreement.
Deemed Amendment. Each reference in the Service Agreement to "the ---------------- Agreement," "hereunder," "hereof," "herein," or words of like effect shall mean and be a reference to the Service Agreement as restated and amended hereby, and each reference to the Service Agreement in any other document, instrument or agreement shall mean and be a reference to the Service Agreement as restated and amended hereby.
Deemed Amendment. Upon execution of this Joinder, each Applicable Document shall be deemed to be amended and supplemented by this Joinder. Except as amended and supplemented hereby, the terms and provisions of each Applicable Document are hereby ratified, confirmed and approved in all respects.
Deemed Amendment. Effective at the time of transfer by the Optionor of all of his right, title and interest in the Coal License Tenures, the Property Rights and the Business Assets to Newco referred to in Section 5.3 above, Section 1.1(w) of the Agreement is deemed to be deleted in its entirety and replaced with the following:
Deemed Amendment. The parties hereto agree that all definitions in the Agreement, from the date hereof and thereafter, shall be deemed to be amended in the manner set forth in Section 1.1 above. (For greater certainty, Section 5.3 of the Agreement shall apply to and operate for the benefit of the “Term Loan Collateral Agent” , the other “ Term Loan Secured Parties” and the “Term Loan Obligations”, as defined in the Agreement both before and after giving effect to the provisions of Article 1 and Article
Deemed Amendment. (a) Except as otherwise agreed with the Holder, no property which is, directly or indirectly, held by Osisko or in which Osisko has an interest and which is subject to any option, joint venture, co-ownership or similar agreement in effect immediately prior to 12.01 a.m. (Eastern Time) on June 16, 2014 between Osisko or any of its Affiliates and a Third Party ("Excluded Property") will be subject to the Royalty. Schedule A hereto shall be deemed to be amended to exclude any such Excluded Property.
(b) The Holder's entitlement to the Royalty under this Agreement and the Owner's other obligations to the Holder hereunder (including the granting of the Hypothec) shall be subject to the rights of any Third Party existing as of June 16, 2014. In the event that any royalty agreement or other agreement between Osisko or the Owner or any of their Affiliates and a third party in effect immediately prior to 12:01 a.m. (Eastern Time) on June 16, 2014 (a "Third Party Agreement") (i) prohibits the granting of the Royalty, the giving of security in respect thereof, or the assignment of such Royalty by Osisko to the Holder, (ii) provides that such grant or transfer is subject to a right of first refusal, right of first offer or other restriction on transfer, or (iii) requires the consent of such Third Party for such grant or transfer, which consent was not obtained by Osisko immediately prior to 12:01 a.m. (Eastern Time) on June 16, 2014, in each case with respect to a portion of the Property (such portion being referred to as the "Affected Property"), then Schedule A hereto shall be deemed to be amended to exclude the Affected Property.
(c) The Holder shall execute such further documents or instruments required by the Owner or its Affiliates as may be reasonably necessary or desirable to effect the deemed amendments provided in this Section 3.14 and such waiver, release or discharge.
Deemed Amendment. The parties hereto agree that all definitions in the Agreement, from the date hereof and thereafter, shall be deemed to be amended in the manner set forth in Section 1.1 above. (For greater certainty, Section 5.3 of the Agreement shall apply to
