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. 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. 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
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 SNC 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. (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.
Deemed Amendment. To the extent Section 8 of this Waiver and Consent ---------------- amends, changes or modifies Section 6 of the Licensing Agreement, Xxxxxxx, Xxxxxx and Xxxxxxx all consent to such amendment, change or modification and each of them hereby affirms the Licensing Agreement, as amended by that certain Amendment No. 1 to the Licensing Agreement, effective as of the effective date hereof, in all other respects.
