Modification of Operating Agreement. Any amendment, modification or waiver of any provision (other than ministerial, non-substantive amendments, modifications or waivers) of this Operating Agreement or any Additional Agreement or other agreement between the Company and any Member or its Affiliates.
Modification of Operating Agreement. The parties agree that the Management and Rental Agreement dated 5/1/91 shall be amended by inserting the following language in paragraph 5.3(B)(ii) in lieu of the language following the words "provided, however," as follows: "provided however, that in lieu of complying with the provisions of Section 2.6 hereof, Doctor may, in his sole discretion, pay to Manager the reasonable fair value of such covenant not to compete which the Parties agree is equal to all sums paid to Doctor under this Agreement except for those related to the compensation for Professional Services rendered plus the assignment of Doctor's interest in any collections from receivables created after the Effective Date of this agreement, outstanding as of the Effective Date of the termination of this agreement ("Residual Collections")."
Modification of Operating Agreement. The parties agree to modify and amend the operating agreement of the Company to contain dead lock provisions, restriction on transferability of membership interests, and other such terms and conditions where necessary and, if not accommodated prior to Closing, have a competent court of jurisdiction insert comparable terms if necessary.
Modification of Operating Agreement. 51 20.4.4 Absence of Default....................52 20.4.5 Communication with the Operator.......52 20.4.6 Enforcement of the Operating Agreement...................52 20.4.7 Replacement of Operator...............52 XXI. MISCELLANEOUS..........................................................53
Modification of Operating Agreement. Except as expressly provided below, Lessee shall not consent to or enter into any of the following transactions, or any combination thereof, unless it has received the prior written consent of Lessor and, after a Secondary Market Transaction, Rating Agency Confirmation: (i) the surrender of the Operating Agreement; (ii) the assignment by Operator of its interest under the Operating Agreement except to an affiliate of Operator; (iii) the termination or cancellation of the Operating Agreement; (iv) the modification, change, supplement, alteration or amendment of the Operating Agreement; (v) the change, replacement or termination of Operator; or (vi) the entering into of any new Operating Agreement. Notwithstanding anything to the contrary contained herein, Lessee shall be permitted, without any such written confirmation from the Rating Agencies or the approval of Lessor, to make any non-material modification, change, supplement, alteration or amendment to the Operating Agreement and to waive any non-material rights thereunder (provided that (y) no such modification, change, supplement, alteration, amendment or waiver shall affect Lessor's rights and remedies thereunder, affect the cash management procedures set forth in the Cash Management Agreement or in the Operating Agreement, adversely affect the marketability of the Leased Property, change the definitions of "Default" or "Event of Default," change the definition of "Operating Expense" to exclude additional items to such definition, change the definition of "Gross Revenues" to add additional amounts thereto, change the term of the Operating Agreement or increase the Management Fees payable under the Operating Agreement, and (z) Lessor shall have the right to approve any replacement operator).
