Limitations on Amendment. 3.1 The amendments set forth in Sections 2 above are effective for the purposes set forth herein and will be limited precisely as written and will not be deemed to (a) be a consent to any other amendment, waiver or modification of any other term or condition of the Credit Agreement or any other Loan Document, (b) otherwise prejudice any right or remedy which the Lenders and the Administrative Agent may now have or may have in the future under or in connection with the Credit Agreement or any other Loan Document or (c) be a consent to any future amendment, waiver or modification of any other term or condition of the Credit Agreement or any other Loan Document.
3.2 This Amendment is to be construed in connection with and as part of the Loan Documents and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Documents, except as herein waived, are hereby ratified and confirmed and will remain in full force and effect.
Limitations on Amendment. The Company shall not, without the prior written consent of each nationally recognized rating agency that has rated any securities issued and outstanding pursuant to any pooling and servicing agreement, indenture, trust agreement or other similar agreement entered into by the Company or any Affiliate of the Company, amend, alter, change or repeal Article Three, Section 5.08, Article Six or this Section 13.01. Subject to the foregoing limitation, the Company reserves the right to amend, alter, change or repeal any provision contained in this Agreement in the manner now or hereafter prescribed by statute or applicable law, and all rights conferred upon Members herein are granted subject to this reservation.
Limitations on Amendment. 14 Section 13.02. Books of Account; Reports.......................................14 Section 13.03. Bank Accounts and Investment of Funds...........................15 Section 13.04. Accounting Decisions............................................15 Section 13.05. Federal Income Tax Elections....................................15 Section 13.06. Entire Agreement................................................15 Section 13.07. Notices.........................................................15 Section 13.08. Consent of Members..............................................16 Section 13.09. Further Execution...............................................16 Section 13.10. Binding Effect..................................................16 Section 13.11. Severability....................................................16 Section 13.12. Captions........................................................16 Section 13.13. Counterparts....................................................16 Section 13.14. Delaware Law to Control.........................................16
Limitations on Amendment. If circumstances arise under which an amendment to this Conservation Easement would be appropriate to clarify any ambiguities or to maintain or enhance the Conservation Values, Grantor and Grantee may amend this Conservation Easement by a mutually acceptable written agreement, provided that the amendment:
A. Shall be consistent with the primary purposes of this Conservation Easement, as set forth herein;
B. Shall not impair the Conservation Values of the Protected Property;
C. Shall not adversely affect the eligibility of this Conservation Easement as a “qualified conservation easement” under any applicable laws, including Section 170(h) and 2031(c) of the Code; and
D. Shall not adversely affect the status of Grantee as a tax‐exempt organization under Section 501(c)(3) of the Code or as a qualified organization under Section 170(h)(3) of the Code. Any such amendment shall be executed by Grantor and Grantee and recorded in the appropriate public office of the county or counties in which the Protected Property is located. Nothing in this Section 11 shall be construed as requiring Grantor or Grantee to enter into any discussions or negotiations regarding any amendment of this Conservation Easement or to agree to any such amendment.
Limitations on Amendment. The Company shall not, without the prior written consent of each Rating Agency, amend, alter, change or repeal Article Three, Section 5.08, Article Six or this Section. Subject to the foregoing limitation, the Company reserves the right to amend, alter, change or repeal any provision contained in this Agreement in the manner now or hereafter prescribed by statute or applicable law, and all rights conferred upon Members herein are granted subject to this reservation; provided that this Agreement may not be amended without affirmative vote of 100% of the Members of the Company, including the Independent Members.
Limitations on Amendment. The amendment set forth in Section 1, above, is effective for the purposes set forth herein and shall be limited precisely as written and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of any Loan Document or (ii) otherwise prejudice any right or remedy which Lenders or Agent may now have or may have in the future under or in connection with any Loan Document.
Limitations on Amendment. Notwithstanding any provision of this Funding Agreement, the Trust Agreement, the Sponsors Agreement or the Pension Plan, the Sponsor Board shall not make any amendment to the Pension Plan or Benefits that has the effect of reducing an Accrued Benefit.
Limitations on Amendment. (a) Subject to compliance with the provisions of Section 4 hereof, the amendments set forth in Section 1 of this Amendment shall become effective as of October 18, 2007 and shall be limited precisely as written and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of the Credit Agreement or any other Loan Document, or (ii) otherwise prejudice any right or remedy which the Banks or the Agent may now have or may have in the future under or in connection with any Loan Document.
(b) This Amendment shall be construed in connection with and as part of the Loan Documents and all terms, conditions, representations, warranties, covenants and agreements set forth in the Loan Documents, except as herein waived or amended, are hereby ratified and confirmed and shall remain in full force and effect.
Limitations on Amendment. Section 13.02. Books of Account; Reports.. . . . . . . . . . . . . . . . . 14 Section 13.03. Bank Accounts and Investment of Funds.. . . . . . . . . . . 14 Section 13.04. Accounting Decisions. . . . . . . . . . . . . . . . . . . . 14 Section 13.05. Federal Income Tax Elections. . . . . . . . . . . . . . . . 14 Section 13.06. Entire Agreement. . . . . . . . . . . . . . . . . . . . . . 14 Section 13.07. Notices.. . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 13.08. Consent of Members. . . . . . . . . . . . . . . . . . . . . 15 Section 13.09. Further Execution.. . . . . . . . . . . . . . . . . . . . . 15 Section 13.10. Binding Effect. . . . . . . . . . . . . . . . . . . . . . . 15 Section 13.11. Severability. . . . . . . . . . . . . . . . . . . . . . . . 15 Section 13.12. Captions. . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 13.13. Counterparts. . . . . . . . . . . . . . . . . . . . . . . . 15 Section 13.14. Delaware Law to Control.. . . . . . . . . . . . . . . . . . 16
Limitations on Amendment. This letter agreement is limited to the matters expressly set forth above and shall not be deemed to waive or modify any other term of the Credit Agreement or any other Loan Document, each of which is hereby ratified and reaffirmed, Wxxxx Fargo Bank, National Association 100 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Telephone 200 000 0000 Facsimile 200 000 0000 or to consent to any subsequent failure of Company to comply with any term or provision of the Loan Documents, each of which shall remain in full force and effect. Each of the other Loan Documents is hereby amended, as necessary, to conform to the amendments set forth herein.
