Prohibited Amendments. After the Closing, no amendment may be made to any provision of this Agreement that would:
(a) increase the power of the Delaware Trustee or the Trustee to engage in business or investment activities;
(b) alter the rights of the Trust Unitholders vis-a-vis each other; or
(c) unless consented to in writing by Enduro, have the effect of amending Sections 3.02, 6.02, 7.02, 9.02, 9.03, 10.01 or 10.02 hereof.
Prohibited Amendments. After the Closing, no amendment may be made to any provision of this Agreement that would:
(a) increase the power of the Trust, or the Delaware Trustee or the Trustee on its behalf, to engage in business or investment activities;
(b) alter the rights of the Trust Unitholders vis-a-vis each other, including by altering the Incentive Threshold (except as provided in Section 3.16), the Subordination Threshold, or the percentage of the Quarterly Cash Distribution Amount payable as Incentive Distributions;
(c) permit the Trust to distribute the Royalty Interests in kind to the Trust Unitholders; or
(d) unless consented to in writing by XxxxXxxxx, have the effect of amending Sections 3.02, 6.02, 7.02, 9.02, 9.03, 10.01 or 10.02 hereof.
Prohibited Amendments. (a) Despite our right to initiate changes under Section 8.4, we may not initiate changes to the minimum Guaranteed Rate specified in Section 3.4, our obligation to set Guaranteed Rates for the period of time specified in Sections 3.2 and 3.3, the payment upon rejection of a declared Guaranteed Rate specified in Section 3.5, the payment provisions upon contract termination specified in Section 9.2, or the Table of Guaranteed Immediate Annuities.
(b) No modification to this contract may change the terms of a previously purchased annuity or reduce any interest guarantee applicable to Participant Account balances held in the FIA on the modification's effective date. P-GB-K-AUL1MFVA.16
Prohibited Amendments. (a) Notwithstanding our right to initiate changes under Section 8.5, we may not initiate changes to the minimum Guaranteed Rate specified in Section 3.4, our obligation to set Guaranteed Rates for the period of time specified in Section Section 3.2 and 3.3, the maximum charge level listed in [item (2)] of the Table of Contract Charges, or the Table of Guaranteed Immediate Annuities.
(b) No modification to this contract may change the terms of a previously purchased annuity or reduce any interest guarantee applicable to Participant Account balances held in the FIA on the modification's effective date.
Prohibited Amendments. The Lender will not, without Ex-Im Bank’s prior written consent, agree to any material amendment of the terms of any Credit Agreement or the terms of any Note, or consent to any material deviation from the respective provisions thereof, including, without limitation,
(a) a change in the payment terms under any Credit Agreement or any Note or (b) a change in the place of payment (except to any other account of the Lender located in the United States or at another office of the Lender located in the United States) of amounts payable under any Credit Agreement or any Note.
Prohibited Amendments. After the Closing, no amendment may be made to any provision of this Agreement that would:
(a) increase the power of the Delaware Trustee or the Trustee to engage in business or investment activities;
(b) alter the rights of the Trust Unitholders vis-à-vis each other; or
(c) unless consented to in writing by Boaz Energy, have the effect of amending Article VI or Sections 3.02, 3.07(c), 3.07(d), 3.12(e), 7.02, 9.02, 9.03, 10.01 or 10.02 hereof. If Boaz Energy consents to an amendment of any of the foregoing sections, such amendment shall be considered a permitted amendment which may be made only if approved in accordance with Section 10.02(b).
Prohibited Amendments. Except under Section 11.03(A), the Sponsor or Practitioner may not amend the Plan in any manner which would modify any adopting Employer's Plan existing Adoption Agreement election without the Employer's written consent. In addition, the Sponsor or Practitioner may not amend the Plan in any manner which would violate Section 11.02(C).
Prohibited Amendments. (a) Despite our right to initiate changes under Section 8.4, we may not initiate changes to the minimum Guaranteed Rate specified in Section 3.4, our obligation to set Guaranteed Rates for the period of time specified in Sections 3.2 and 3.3, or the Table of Guaranteed Immediate Annuities.
(b) No modification to this contract may change the terms of a previously purchased annuity or reduce any interest guarantee applicable to Participant Account FIA balances on the modification's effective date. P-GB-K-IRAMFVA(NBR).15
Prohibited Amendments. No amendment may be made that would: • enlarge the obligations of any limited partner without its consent, unless such is deemed to have occurred as a result of an amendment approved by at least a majority of the type or class of limited partner interests so affected; or • enlarge the obligations of, restrict in any way any action by or rights of, or reduce in any way the amounts distributable, reimbursable or otherwise payable by us to our general partner or any of its affiliates without its consent, which consent may be given or withheld at its option. The provisions of the Partnership Agreement preventing the amendments having the effects described in any of the clauses above can be amended upon the approval of the holders of at least 90.0% of the outstanding units voting together as a single class (including units owned by our general partner and its affiliates. A merger, consolidation or conversion of us requires the prior consent of our general partner. However, our general partner will have no duty or obligation to consent to any merger, consolidation or conversion and may decline to do so free of any duty or obligation whatsoever to us or the limited partners, including any duty to act in the best interest of us or the limited partners, other than the implied contractual covenant of good faith and fair dealing. In addition, the Partnership Agreement generally prohibits our general partner without the prior approval of the holders of a unit majority, from causing us to, among other things, sell, exchange or otherwise dispose of all or substantially all of our assets in a single transaction or a series of related transactions. Our general partner may, however, mortgage, pledge, hypothecate or grant a security interest in all or substantially all of our assets without that approval. Our general partner may also sell any or all of our assets under a foreclosure or other realization upon those encumbrances without that approval. Finally, our general partner may consummate any merger with another limited liability entity without the prior approval of our unitholders if we are the surviving entity in the transaction, our general partner has received an opinion of counsel regarding limited liability and tax matters, the transaction would not result in an amendment to the partnership agreement requiring unitholder approval, each of our units will be an identical unit of our partnership following the transaction, and the partnership interests to be issued by...
Prohibited Amendments. After the Closing, no amendment may be made to any provision of this Agreement that would:
(a) increase the power of the Delaware Trustee or the Trustee to engage in business or investment activities;
(b) alter the right of the Trust Unitholders vis-a-vis each other, decrease the Incentive Threshold (except as provided in Section 3.16), increase the Subordination Threshold, or increase the percentage of the Quarterly Cash Distribution Amount payable as Incentive Distributions or increase the Reimbursement Amount; or
(c) unless consented to in writing by ECA, have the effect of amending Sections 3.02, 6.02, 7.02, 9.02, 9.03, 10.01 or 10.02 hereof.
