Permissible Changes. The Employer may amend its Adoption Agreement to change from Prior Year Testing to Current Year Testing at any time, subject to Section 4.06(D). The Employer, under Section 4.06(D) may amend its Adoption Agreement to change from Current Year Testing to Prior Year Testing only: (A) if the Plan has used Current Year Testing in at least the 5 immediately preceding Plan Years (or if the Plan has not been in existence for 5 Plan Years, the number of Plan Years the Plan has been in existence); (B) the Plan is the result of aggregation of 2 or more plans and each of the aggregated plans used Current Year Testing for the period described in clause (A); or (C) a transaction occurs to which the coverage transition rule under Code §410(b)(6)(C) applies and as a result, the Employer maintains a plan using Prior Year Testing and a plan using Current Year Testing. Under clause (C), the Employer may make an amendment to change to Prior Year Testing at any time during the coverage transition period.
Permissible Changes. Merger Sub expressly reserves the right, at any time, to (A) increase the Offer Price or (B) waive any Offer Condition or (C) make any other changes to the terms and conditions of the Offer that are not inconsistent with the terms of this Agreement. Notwithstanding the prior sentence, without the prior written consent of the Company: (1) the Minimum Condition may not be amended or waived; (2) Merger Sub shall not decrease the Offer Price; and (3) no change may be made to the Offer that (a) changes the form of consideration to be delivered by Merger Sub pursuant to the Offer; (b) decreases the number of Shares sought to be purchased by Merger Sub in the Offer; (c) imposes conditions or requirements to the Offer in addition to the Offer Conditions; (d) except as provided in Section 2.1(d), terminates the Offer or accelerates, extends or otherwise changes the Expiration Date; (e) otherwise amends or modifies any of the other terms of the Offer in a manner that adversely affects holders of Shares or that would, individually or in the aggregate, reasonably be expected to prevent or materially delay the consummation of the Offer or prevent, materially delay or materially impair the ability of Parent or Merger Sub to consummate the Transactions in accordance with this Agreement; or (f) provides any “subsequent offering period” within the meaning of Rule 14d-11 promulgated under the Exchange Act. The Offer may not be withdrawn prior to the Expiration Date (or any rescheduled Expiration Date) unless this Agreement is terminated in accordance with Section 8.1.
Permissible Changes. (a) The Corporation will not demolish or destroy any of the real or personal property which constitutes GCEP Leased Premises or GCEP Leased Personalty without first proposing such course of action to the Department and obtaining the Department’s consent. Such written proposal shall contain all the necessary information which the Department may require. The Department shall make a good faith effort to respond within thirty (30) days of receipt of the Corporation’s proposal. The Department will not withhold its consent to such a proposal if the Demolition or destruction does not significantly interfere with the Department’s activities or plans at PORTS. The Corporation will be solely responsible for and will pay all the costs related to the Demolition or destruction, including the cost of transporting, storing and disposing of all the material resulting from such Demolition or destruction or removal. Any action taken pursuant to this Section by the Department and the Corporation shall be done in accordance with all applicable Laws and Regulations.
(b) The Corporation may, at any time, at its expense, make a Capital Improvement which the Corporation, in its business judgment deems appropriate, so long as the Corporation provided notice to the Department in accordance with this subsection. If the total project cost of the Capital Improvement proposed to be made on the GCEP Leased Premises requires the expenditure of less than $500,000, the Corporation will not be required to secure the Department’s approval to undertake such Capital Improvement, but instead, will provide notice of all such Capital Improvements in a listing which shall be provided to the Department within thirty days of the end of each calendar year. If the total projected cost of any proposed Capital Improvement requires the expenditure of $500,000.00 or more, a description of the proposed Capital Improvement and the Corporation’s analysis that the proposed Capital Improvement is Environmentally Non-Sensitive and will not interfere with the Department’s operations (“Capital Improvement Notice”) shall be submitted to the Department. Each Capital Improvement Notice shall contain an analysis that any proposed Capital Improvement is Environmentally Non-Sensitive and does not interfere with the Department’s operations by describing whether the proposed Capital Improvement complies with all of the following criteria:
(1) The proposed Capital Improvement is not in an area that is the subject of a Dep...
Permissible Changes. (a) The Corporation will not demolish or destroy any of the real property which constitutes Leased Premises at a GDP without first proposing such course of action to the Department and obtaining the Department's consent. Such proposal shall contain all the necessary information which the Department may require. Failure of the Department to respond within seven (7) days of receipt of the Corporation's proposal shall be deemed consent by the Department to the proposal. The Department will not withhold its consent to such a proposal if the demolition or destruction is Environmentally NonSensitive and does not significantly interfere with the Department's activities at such GDP. If the proposed demolition or destruction is Environmentally Sensitive and does not significantly interfere with the Department's activities, the Corporation will be permitted to carry out the action; provided, however, that the Corporation will be solely responsible for and will pay all the costs related thereto except that the Department shall be solely responsible for and will pay the cost of transporting, storing and disposing of all the material resulting from such demolition or destruction. The Department will attempt in good faith to store and dispose of all such material at locations other than on the Leased Premises. Any action taken pursuant to this Section by the Department or the Corporation shall be done in accordance with all applicable Laws and Regulations.
Permissible Changes. 7.2.1 In the event that Purchaser desires to make changes to Products or to Packaging Specifications, Purchaser shall submit its request to Copacker in writing and Copacker shall use reasonable commercial efforts to respond to such request in writing within forty-five (45) days of receipt of such request.
7.2.2 Unless the parties agree otherwise, requested changes shall not affect Products already scheduled or rescheduled for delivery/shipment as of the date Copacker receives such request.
Permissible Changes. Section 4.6
