Modification of Procedures. The Provider may make changes from time to time in its standards and procedures for performing the Transition Services for which it is responsible hereunder. Notwithstanding the foregoing sentence, unless required by law, the Provider shall not implement any substantial changes affecting a Recipient of the relevant Transition Services unless:
(a) the Provider has furnished such Recipient notice (which shall be the same notice the Provider shall provide its own businesses) thereof;
(b) the Provider changes such procedures for its own businesses at the same time; and
(c) the Provider gives such Recipient a reasonable period of time for such Recipient (i) to adapt its operations to accommodate such changes or (ii) to reject the proposed changes. In the event such Recipient fails to accept or reject a proposed change on or before a date specified in such notice of change, such Recipient shall be deemed to have accepted such change. In the event such Recipient rejects a proposed change but does not terminate this Agreement, such Recipient agrees to pay any charges resulting from the Provider's need to maintain different versions of the same systems, procedures, technologies, or services or resulting from requirements of third party vendors or suppliers.
Modification of Procedures. With the prior written consent of the Required Commitment Parties, such consent not to be unreasonably withheld, the Debtors reserve the right to modify or adopt additional procedures consistent with these Creditor Equity Rights Offering Procedures to effectuate the Creditor Equity Rights Offering and to issue the Creditor Equity Rights Offering Securities, provided, however, that the Debtors shall provide prompt written notice to each Eligible Holder of any modification to these Creditor Equity Rights Offering Procedures made after the Subscription Commencement Date that has a material negative effect on such Eligible Holder. In so doing, and subject to the consent of the Required Commitment Parties, the Debtors may execute and enter into agreements and take further action that the Debtors determine in good faith are necessary and appropriate to effectuate and implement the Creditor Equity Rights Offering and the issuance of the Creditor Equity Rights Offering Securities. Nothing in this paragraph shall be construed so as to permit the Debtors to modify the terms of any executed and delivered Subscription Agreement without the consent of the Eligible Holder party thereto. The Debtors shall undertake reasonable procedures to confirm that each participant in the Rights Offering is in fact an Eligible Holder, including but not limited to, requiring such participant to validly and timely complete an Eligibility Certificate, requiring additional certifications by such participant to that effect and other diligence measures as the Debtors deem reasonably necessary.
Modification of Procedures. Neither the procedures for a poll set out in Clause 22 nor the provisions of Clause 13.4 shall apply to any resolution of the Executive Committee referred to in this Part XVI, and there shall be no right of referral of the matter the subject of such resolution to the Pool Members in general meeting.
Modification of Procedures. MII may make changes from time-to-time in its practices and procedures for performing the Transition Services. Notwithstanding the foregoing sentence, unless required by law, MII shall not implement any substantial changes affecting MVWC or its Affiliates unless:
(a) MII has furnished MVWC notice (the same notice MII provides its own business) thereof;
(b) MII changes such practices and procedures for its own business units at the same time; and
(c) MII gives MVWC a reasonable period of time for MVWC (i) to adapt its operations to accommodate such changes or (ii) reject such changes. In the event MVWC fails to accept or reject a proposed change on or before a reasonable date specified in such notice of change, such failure shall be deemed an acceptance of such change. In the event MVWC rejects a proposed change but does not terminate this Agreement, MVWC agrees to pay any reasonable expenses resulting from MII’s need to maintain different versions of the same systems, procedures, technologies, or services or resulting from requirements of third party vendors.
Modification of Procedures. With the prior written consent of the Requisite Commitment Parties, the Debtors reserve the right to modify these 1145 Rights Offering Procedures, or adopt additional procedures consistent with these 1145 Rights Offering Procedures to effectuate the 1145 Rights Offering and to issue the 1145 Rights Offering Equity, provided, however, that the Debtors shall provide prompt written notice to each 1145 Eligible Holder of any material modification to these 1145 Rights Offering Procedures made after the Subscription Commencement Date. In so doing, and subject to the consent of the Requisite Commitment Parties, the Debtors may execute and enter into agreements and take further action that the Debtors determine in good faith is necessary and appropriate to effectuate and implement the 1145 Rights Offering and the issuance of the 1145 Rights Offering Equity. The Debtors shall undertake reasonable procedures to confirm that each participant in the 1145 Rights Offering is in fact an 1145 Eligible Holder.
Modification of Procedures. With the prior written consent of the Requisite Commitment Parties, the Debtors reserve the right to modify these Rights Offering Procedures, or adopt additional procedures consistent with these Rights Offering Procedures to effectuate the Rights Offering and to issue the Rights Offering Shares, provided, however, that the Debtors shall provide prompt written notice to each Eligible Holder of any material modification to these Rights Offering Procedures made after the Subscription Commencement Date, provided further that any amendments or modifications to the terms of the Rights Offering are subject to the provisions of Section 10.7 of the Backstop Agreement. In so doing, and subject to the consent of the Requisite Commitment Parties, the Debtors may execute and enter into agreements and take further action that the Debtors determine in good faith is necessary and appropriate to effectuate and implement the Rights Offering and the issuance of the Rights Offering Shares. To the extent applicable, the Debtors shall undertake reasonable procedures to confirm that each participant in the Rights Offering is in fact an Eligible Holder.
Modification of Procedures. (a) Subject to the procedure set forth in this Section 1.7 to the extent applicable, the Provider may make changes from time to time in its standards and procedures for performing the Transition Services, provided that any such change shall all be made with respect to all or a significant portion of Provider's business. Notwithstanding the foregoing sentence, unless required by law, the Provider shall not implement any substantial changes affecting the Recipient unless:
(i) the Provider has furnished the Recipient reasonable notice, but in no event less than 15 days;
(ii) the Provider gives the Recipient a reasonable period of time (but in no event less than 15 days) for the Recipient (x) to accept, and adapt its operations to accommodate, such changes or (y) to reject the proposed changes. In the event the Recipient rejects a proposed change this Agreement shall terminate with respect to the relevant Transition Service.
(b) During the term of this Agreement, the Recipient shall, within a reasonable period of time after such plans are available, provide the Provider with a plan identifying any changes in the Recipient's business that may affect the provision of the Transition Services in order for the Provider to provide the Transition Services to the Recipient; provided, however, that the Provider shall not be required to alter the method in which it provides the Transition Services or increase the level of such Services in any material matter except as expressly provided herein; provided, however, that the failure of the Recipient to provide such notice shall not alter or diminish the Provider's obligations to provide the Transition Services on the terms set forth herein except where the failure to provide notice has materially increased the Provider's cost or burden to provide such Transition Service.
(c) As of the date hereof, the Provider represents that it does not have any plan or intention to make any material changes in its standards and procedures for performing the Transition Services.
Modification of Procedures. With the prior written consent of the Requisite Commitment Parties, the Debtors reserve the right to modify these Accredited Investor Rights Offering Procedures, or adopt additional procedures consistent with these Accredited Investor Rights Offering Procedures to effectuate the Accredited Investor Rights Offering and to issue the Accredited Investor Rights Offering Equity, provided, however, that the Debtors shall provide prompt written notice to each Accredited Investor Eligible Holder of any material modification to these Accredited Investor Rights Offering Procedures made after the Subscription Commencement Date. In so doing, and subject to the consent of the Requisite Commitment Parties, the Debtors may execute and enter into agreements and take further action that the Debtors determine in good faith is necessary and appropriate to effectuate and implement the Accredited Investor Rights Offering and the issuance of the Accredited Investor Rights Offering Equity. The Debtors shall undertake reasonable procedures to confirm that each participant in the Accredited Investor Rights Offering is in fact an Accredited Investor Eligible Holder, including, but not limited to, requiring certifications by such participant to that effect and other diligence measures as the Debtors deem reasonably necessary. 11. Inquiries And Transmittal of Documents; Rights Offering Subscription Agent The Accredited Investor Rights Offering Instructions for Accredited Investor Eligible Holders attached hereto should be carefully read and strictly followed by the Accredited Investor Eligible Holders. Questions relating to the Accredited Investor Rights Offering should be directed to the Rights Offering Subscription Agent via email to xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxx.xxx (please reference “Vanguard Subscription” in the subject line) or at the following phone number: (000) 000-0000. The risk of non-delivery of all documents and payments to the Rights Offering Subscription Agent, the Escrow Account and any Nominee is on the Accredited Investor Eligible Holder electing to exercise its Accredited Investor Rights and not the Debtors, the Rights Offering Subscription Agent, or the Backstop Parties.
2. Complete the calculation in Item 2a of your applicable Accredited Investor Beneficial Holder Subscription Form(s), which calculates the maximum number of Accredited Investor Rights Offering Equity available for you to purchase. Such amount must be rounded down to the nearest whole share.
3. C...
Modification of Procedures. The Debtors reserve the right, with the consent of the Required Consenting Noteholders, to modify or adopt additional procedures consistent with the provisions of these Rights Offering Procedures to effectuate the Rights Offering and to issue the Subscribed Securities; provided, however, that the Debtors shall provide prompt written notice to each Noteholder (which may be through such Noteholder’s applicable Nominee) of any material modification to these Rights Offering Procedures made after the commencement of the Rights Offering, which such notice may be provided through posting such notice on the Subscription Agent’s website at xxxxx://xxxxx.xxxxxxxxxx.xxx/xxxxxxxxxxx. In so doing, the Debtors, with the consent of the Required Consenting Noteholders, may execute and enter into agreements and take further action that the Debtors determine in good faith are necessary and appropriate to effect and implement the Rights Offering and the issuance of the Subscribed Securities.
Modification of Procedures. The Parties at any step may mutually agree in writing to waive that step of this procedure. Any such mutual agreements to modify must be transmitted with the grievance to higher levels.
