Permitted Modifications. (a) Notwithstanding the foregoing provisions of this Clause 10 and provided that no Default has occurred and is continuing, Lessee may from time to time at no expense to Lessor (i) modify, alter or add further Parts or accessories and make or permit such modifications in and alterations and additions to the Aircraft as it may reasonably consider desirable in the proper conduct of its business; provided that such modification, alteration or addition (x) shall not materially diminish or impair the value, utility or airworthiness of the Aircraft, (y) shall not result in any change in the category or status of the Aircraft for purposes of any rules or regulations of the State of Registration or of the Aviation Authority and (z) must be capable of being removed from the Aircraft at the end of the Term without diminishing or impairing the value (in each case, compared to the value, or cosmetic appearance, as the case may be, of the Aircraft before the relevant modification, alteration or addition was made), utility or airworthiness of the Aircraft and (ii) install and incorporate the BFE. Lessee shall, promptly following the completion of the relevant work, inform Lessor of any such modifications, alterations and/or additions which it may make to the Aircraft during the Term. Lessee shall not make any Major Modifications without the prior written consent of Lessor acting reasonably except to the extent the same is required by law, permitted by any provision of this Agreement or required to comply with any manufacturer’s service bulletin.
(b) Lessor shall cooperate, including by executing documents as the Lessee may reasonably request when Lessee requests that the Aircraft be temporarily re-assigned into an experimental airworthiness category on a short term basis for the express and limited purpose of conducting any FAA required testing necessary to support Aircraft modifications authorized under Clause 10.5(a). Once such testing is complete, and upon authorization of the FAA, the Aircraft will immediately be placed back into a standard airworthiness category.
(c) All parts, components and equipment incorporated or installed in or attached or added to the Aircraft as a result of any such modification, alteration or addition shall be Parts and title to all such Parts and all related documentation shall, without further act, vest in Lessor free of all Liens (other than Permitted Liens); provided that where as a result of any such modification, alteration or additi...
Permitted Modifications. Notwithstanding any provisions of this Agreement to the contrary, Developer shall have the right, in its sole discretion, to modify the scope and physical parameters of the Project, other than the Improvements (each, a "Permitted Modification") if, and to the extent, that:
(a) Modifications are approved via the Planning Commission and/or the City's governing body via the planning and zoning process or as required by Applicable Laws and Requirements; or
(b) Modifications shall be allowed to the interior portions of the various buildings that constitute the Improvements. Developer agrees that any such Permitted Modification shall be consistent, and comply, with Applicable Laws and Requirements. Developer shall give to the City reasonable prior notice of any Permitted Modifications. A Permitted Modification shall not require the consent of the City (other than as set forth in Section 7.04(a) above.
Permitted Modifications. Release of an Account Debtor from payment of any unpaid amount if such release is required pursuant to Applicable Law;
Permitted Modifications. Except as otherwise expressly provided in this section 2,
(a) some or all of the First Lien Obligations may be modified, and their aggregate amount increased or Refinanced, in each case in accordance with the provisions of the First Lien Documents and the First Lien Intercreditor Agreement, without notice to or consent by any Second Lien Claimholder; provided that the holders of any Refinancing Indebtedness (or their agent) must bind themselves in a writing addressed to Second Lien Claimholders to the terms of this Agreement, and
(b) the Second Lien Obligations may be modified, and their aggregate amount increased or Refinanced, in each case in accordance with the provisions of the Second Lien Documents, without notice to or consent by any First Lien Claimholder; provided that the holders of any Refinancing Indebtedness (or their agent) must bind themselves in a writing addressed to First Lien Claimholders to the terms of this Agreement. However, no such modifications may alter or otherwise affect sections 1.1, “Seniority of Liens Securing First Lien Obligations,” or 1.8, “Prohibition on Contesting Liens; No Marshaling”, or otherwise be in contravention of the other provisions of this Agreement.
Permitted Modifications. Except as otherwise expressly provided in this Section 3:
(a) the First Lien Obligations may be modified in accordance with their terms, and their aggregate amount increased or Refinanced, without notice to or consent by any Second Lien Claimholder, provided that the holders of any Refinancing Indebtedness (or their agent) bind themselves in a writing addressed to Second Lien Claimholders to the terms of this Agreement, and
(b) the Second Lien Obligations may be modified in accordance with their terms, and their aggregate amount increased or Refinanced, without notice to or consent by any First Lien Claimholder, provided that the holders of any Refinancing Indebtedness (or their agent) bind themselves in a writing addressed to First Lien Claimholders to the terms of this Agreement; provided, however, that, no such modification may alter or otherwise affect Section 2.1 or Section 2.8 hereof.
Permitted Modifications. This Agreement may be modified or amended in any respect from time to time by the Board of Trustees, in such manner as the Board of Trustees deems advisable in carrying out the purposes of this Agreement and the NBTPP, subject to the restrictions set forth in Section 5.4.
Permitted Modifications. If the Issuer is classified as a fixed investment trust described in Treasury Regulation Section 301.7701-4(c) that is treated as a grantor trust under subtitle A, chapter 1, subchapter J, part I, subpart E of the Code, the parties will take no action or direct any other party to take any action inconsistent therewith, including modifying, or directing any other party to modify, the terms of a Receivable unless the modification is a Permitted Modification. The Issuer shall not at any time engage in or carry on any kind of business for U.S. federal income tax purposes or any kind of commercial activity. Notwithstanding anything to the contrary in this Agreement or otherwise, neither the Issuer nor the Owner Trustee (nor any agent of either person) shall (1) acquire any assets or dispose of any portion of the assets of the Issuer other than pursuant to the specific provisions of this Agreement or any other Transaction Document, (2) have the power to vary the investment of the Issuer within the meaning of Treasury Regulation Section 301.7701-4(c) or (3) substitute new investments or reinvest so as to enable the Issuer to take advantage of variations in the market to improve the investment of the holder of the Residual Interest. The provisions of this Agreement and the other Transaction Documents shall be interpreted consistently with and to further this intention of the parties.]
Permitted Modifications. Without notice to the Guarantors, without the consent of the Guarantors, and without affecting or limiting the Guarantors' liability hereunder, Lender may (i) grant the Borrower extensions of time for payment of the Obligations or any part thereof, (ii) renew any of the Obligations, (iii) grant the Borrower extensions of time for the performance of agreements or other indulgences, (iv) at any time release any or all of the collateral held by the Lender as security for the Obligations, (v) at any time release any other guarantors from their guarantees of any of the Obligations, (vi) compromise, settle, release, or terminate any or all of the obligations, covenants, or agreements of the Borrower under the Loan Documents, and (vii) modify or amend any obligation, covenant or agreement of the Borrower set forth in any one or more of the Loan Documents.
Permitted Modifications. Except as otherwise expressly provided in this Section 2,
Permitted Modifications. The requirements of Subsection A of this Section shall not preclude the adjustment of rates to reflect inflation, cost of living and other external costs, the addition or deletion of a specific program from a service offering, the addition or deletion of specific channels from an existing tier of service, the restructuring or division of existing tiers of service, or the adjustment of rates as a result of the addition, deletion, or substitution of channels pursuant to FCC regulations; provided that such changes do not constitute a fundamental change in the nature of an existing service or tier of service and otherwise consistent with applicable regulations.
