Permitted Amendments Sample Clauses

Permitted Amendments. Notwithstanding anything to the contrary contained herein, Loan Modification Offers and Permitted Amendments (as hereinafter defined) shall be permitted in accordance with this subsection (d), regardless of the preceding provisions of this Section 13.7. The Borrower may make one or more offers (each, a “Loan Modification Offer”) to all the Lenders to make one or more Permitted Amendments (as defined below). Permitted Amendments shall become effective only with respect to the portions of the Loan held by the Lenders that accept the applicable Loan Modification Offer (such Lenders, the “Accepting Lenders”). The Borrower and each Accepting Lender shall execute and deliver to the Administrative Agent a loan modification agreement (a “Loan Modification Agreement”) and such other documentation as the Administrative Agent shall reasonably specify to evidence the acceptance of the Permitted Amendments and the terms and conditions thereof. In connection with any Loan Modification Offer, the Borrower may, at its sole option, repay the portions of the Loans, held by one or more of the Lenders that are not Accepting Lenders. Additionally, to the extent the Borrower has elected to repay the portions of the Loans of such Lenders, it may request any other financial institution (with the consent of the Administrative Agent, such consent not to be unreasonably conditioned, delayed or withheld) to make loans on the terms set forth in such Loan Modification Offer in an amount not to exceed the amount of the portions of the Loan repaid pursuant to the preceding sentence. The Administrative Agent shall promptly notify each Lender as to the effectiveness of each Loan Modification Agreement. Each of the parties hereto hereby agrees that, upon the effectiveness of any Loan Modification Agreement, this Agreement shall be deemed amended to the extent (but only to the extent) necessary to reflect the existence and terms of the Permitted Amendment evidenced thereby and only with respect to the portions of the Loan of the Accepting Lenders, it being understood that all borrowings and repayments of the Loan will be made pro rata among all Lenders; provided that to the extent any Permitted Amendment extends the final maturity of the portion of the Loan held by the Accepting Lenders, the applicable portion of the Loan and related Obligations of Lenders that are not Accepting Lenders may be repaid on the Maturity Date (as applicable) on a non-ratable basis with the portion of the Loan of ...

Permitted Amendments. Subject to Section 10.01, the Trustee and the Delaware Trustee may amend the Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreement, and the Trustee on behalf of the Trust may from time to time supplement or amend the other Transaction Documents to which the Trust (or the Trustee as trustee of the Trust) is a party, without the approval of Trust Unitholders (i) if such supplement or amendment does not have a material adverse effect on the Trust Unitholders, or (ii) in order to comply with changes in applicable law, or (iii) to effect the intent expressed in the Securities Act Registration Statement or prospectus included therein; provided, however, that the Trustee shall not supplement or amend the Conveyance if such supplement or amendment would change the character of the Net Profits Interest in such a way that the Net Profits Interest becomes a working interest or that the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposes. The Trustee and the Delaware Trustee are entitled to, and may rely upon, a written opinion of counsel or certification of Boaz Energy as conclusive evidence that any amendment or supplement pursuant to this Section 10.02 is authorized and permitted under this Agreement and the other Transaction Documents and complies with the provisions of this Section 10.02. (b) All other permitted amendments to the provisions of this Agreement or any other Transaction Document to which the Trust (or the Trustee as trustee of the Trust) is a party may be made only by the affirmative vote of the Trust Unitholders of record holding at least 75% of the then outstanding Trust Units at a meeting held in accordance with the requirements of Article VIII. (c) No amendment that increases the obligations, duties or liabilities or affects the rights of the Delaware Trustee, the Trustee or any Entity serving in any such capacity shall be effective without the express written approval of such trustee or Entity.

Permitted Amendments. Subject to Section 10.01, the Trustee and the Delaware Trustee may amend the Transaction Documents to which the Trust is a party as follows: (a) The Delaware Trustee and the Trustee may, jointly, from time to time supplement or amend this Agreement, and the Trustee on behalf of the Trust may from time to time supplement or amend the other Transaction Documents to which the Trust is a party, without the approval of Trust Unitholders in order to cure any ambiguity, to correct or supplement any provision contained herein or therein which may be defective or inconsistent with any other provisions herein or therein, to grant any benefit to all of the Trust Unitholders, to comply with changes in applicable law or to change the name of the Trust; provided that such supplement or amendment does not materially adversely affect the interests of the Trust Unitholders; and provided, further, that any amendment to this Agreement made to change the name of the Trust in accordance with Section 12.05 or otherwise shall be conclusively deemed not to materially affect adversely the interests of the Trust Unitholders or result in a material variance of the investment of the Trust or the Trust Unitholders. Additionally, the Trustee may, from time to time, supplement or amend the Transaction Documents without the approval of the Trust Unitholders; provided that such supplement or amendment would not increase the costs or expenses of the Trust or adversely affect the economic interest of the Trust Unitholders; and provided, further, that the Trustee shall not modify or amend the Conveyance if such modification or amendment would change the character of the Net Profits Interest in such a way that the Net Profits Interest becomes a working interest or that the trust would fail to continue to qualify as a grantor trust for U.S. federal income tax purposes. The Trustee and the Delaware Trustee, subject to the provisions of Section 6.01 and Section 6.07, are entitled to, and may rely upon, a written opinion of counsel as conclusive evidence that any amendment or supplement pursuant to the immediately preceding sentences is authorized and permitted under this Agreement and the other Transaction Documents and complies with the provisions of this Section 10.02. (b) All other permitted amendments to the provisions of this Agreement may be made only by the affirmative vote of the Trust Unitholders of record holding at least 75% of the then outstanding Trust Units at a meeting held in acc...

Permitted Amendments. In addition to the amendments otherwise authorized herein, amendments may only be made to this Agreement from time to time by the General Partner with the consent of the Limited Partners holding, in the aggregate, at least seventy-five percent (75%) of the Percentage Interests; provided, that any such amendment which would adversely impact the rights or obligations of (x) a specific Limited Partner (other than a Defaulting Partner) rather than the Limited Partners as a whole or (y) the Special Limited Partner, shall require the affirmative vote of such affected Limited Partner or the Special Limited Partner, as applicable; provided, further, that the General Partner shall have the right, acting in good faith, to unilaterally (and without the consent of any other Partner or Person) (i) amend this Agreement to make changes of a ministerial nature which do not materially or adversely affect the rights of the Limited Partners or the Special Limited Partner, (ii) amend this Agreement to reflect the withdrawal, removal, bankruptcy, assignment of all of the limited partner Interest of any Limited Partner or the Special Limited Partner, (iii) amend this Agreement to reflect the admission of the Sell-Down Transferee provided such admission complies with the terms of this Agreement and (iv) amend this Agreement pursuant to Section 12.4(c) below.

Permitted Amendments. The Employer, consistent with this Section 11.02 and other applicable Plan provisions, has the right, at any time to amend or to restate the Plan including the Trust.

Permitted Amendments. Except as otherwise set forth in Section 13.2, or otherwise authorized in this Agreement, the consent of the General Partner and a Majority-in-Interest of Limited Partners (which may take the form of negative or deemed consent following written notice of a proposed amendment affording Limited Partners at least fifteen (15) Business Days to object in writing; those that fail to respond within the term set forth in the notice will be deemed to have approved such amendment provided that the General Partner shall have sent a reminder in writing to the relevant Limited Partner if they failed to respond within the first ten (10) Business Days of such fifteen (15) Business Day period, provided however that, to the extent required under the Companies Law, such negative or deemed consent procedure shall not apply to amendments (without limitation) in respect of (i) amending the object of the Partnership, (ii) converting the Partnership into another legal form and (iii) changing the nationality of the Partnership) will be required to approve amendments to this Agreement; provided, however, that the General Partner may not do any of the following without the consent of each Limited Partner adversely affected thereby: (i) increase the liability of a Limited Partner beyond the liability of such investor expressly set forth in this Agreement or otherwise adversely modify or affect the limited liability of such Limited Partner (including for the avoidance of doubt, any increase in the Investment Management Fee rate or change in the Investment Management Fee formula or increase in the Carried Interest rate or change in the Carried Interest formula; (ii) decrease the Interest in the Partnership of any Limited Partner (other than as provided in this Agreement); (iii) change the method of distributions or allocations made to any Limited Partner or (iv) reduce a Capital Account of any Limited Partner other than as contemplated in this Agreement.

Permitted Amendments. Notwithstanding the provisions of Section 3.3, the parties to this Agreement may in writing, at any time and from time to time, without the approval of the holders of the Exchangeable Shares, amend or modify this Agreement for the purposes of: (a) adding to the covenants of any of the parties for the protection of the holders of the Exchangeable Shares; or (b) making such changes or corrections which, on the advice of counsel to the Corporation or Parent, such advice being reviewed and agreed to by counsel to the holders of Exchangeable Shares, are required for the purpose of curing or correcting any ambiguity or defect or inconsistent provision or clerical omission or mistake of manifest error, provided that such counsel and the Boards of Directors of each of the Corporation and Parent shall be of the opinion that such changes or corrections will not be prejudicial to the interests of the holders of Exchangeable Shares.

Permitted Amendments. Whether or not Obligors have agreed with Noteholder Agent or any Noteholder not to enter into any amendments to the New Lender Documents without notice to or the consent of Noteholder Agent or such Noteholder, Obligors and the New Lenders may amend or modify the New Lender Documents at any time and in any manner and such amendments or modifications shall be effective notwithstanding Obligors’ failure to give notice thereof to Noteholder Agent or any Noteholder or to obtain Noteholder Agent’s or any Noteholder’s consent thereto, and neither Noteholder Agent nor any Noteholder shall have any claim or cause of action against the New Lenders by reason of Obligors’ failure to give such notice or obtain such consent even if the New Lenders are aware of such failure.

Permitted Amendments. See §2.11(c). Permitted Liens. Liens permitted by §9.2.

Permitted Amendments. “Permitted Amendments” means any or all of the following: (i) an extension of the Maturity Date applicable solely to the Loans and/or Commitments of the Accepting Lenders, (ii) an increase in the interest rate solely with respect to the Loans and/or Commitments of the Accepting Lenders, (iii) the inclusion of additional fees to be payable solely to the Accepting Lenders in connection with the Permitted Amendment (including any upfront fees), (iv) such conforming amendments to this Agreement and the other Loan Documents as shall be appropriate, in the reasonable judgment of the Agent, to provide the rights and benefits of this Agreement and other Loan Documents on a pari passu basis to each new Tranche resulting therefrom, and (v) such other conforming amendments to this Agreement and the other Loan Documents as shall be appropriate, in the reasonable judgment of the Agent, to give effect to the foregoing Permitted Amendments; provided that the Agent shall be permitted to seek the approval of the Majority Lenders of any proposed amendment pursuant to the foregoing clauses (iv) or (v) as the Agent, in its sole discretion, deems appropriate.