Prohibited Modifications Clause Samples
The Prohibited Modifications clause restricts parties from making certain changes to the subject matter of the agreement, such as products, services, or intellectual property, without prior consent. Typically, this clause outlines specific types of alterations that are not allowed, such as unauthorized repairs, upgrades, or tampering with provided goods or software. By clearly defining what modifications are forbidden, the clause helps maintain the integrity and intended functionality of the subject matter, preventing disputes and ensuring compliance with the original terms.
Prohibited Modifications. May not modify in any material adverse respect the Granting Clause of the Indenture so as to deprive the Note Holders or the Related Note Holders (as defined in the Indenture) of a first priority security interest in and mortgage lien on the Aircraft or, to the extent assigned thereunder, United’s rights under the Purchase Agreement (as defined in the Indenture) or to eliminate any of the obligations intended to be secured thereby or otherwise modify in any material adverse respect as regards the interests of the Note Holders, the Related Note Holder of a Related Series AA Equipment Note, the Related Note Holder of a Related Series A Equipment Note, the Subordination Agent, the Liquidity Providers or the Mortgagee the provisions of Article II or III or Section 4.05(c), 5.01, 5.02, 6.02, 10.01(a), 10.01(b)(vii), 11.01, 11.04, 11.11, 11.12 or 11.13 of the Indenture or the definition of “Make-Whole Amount” in Annex A to the Indenture.
Prohibited Modifications. No modification/additions (including the alteration/substitution of equipment) to the PPV/SOFV may be made without the written approval of the chief of police or his/her designee, with the concurrence of the Division of Fleet Management, DFMS, or other appropriate designee as determined by the Employer.
Prohibited Modifications. The parties may not modify in any material adverse respect the Granting Clause of the Indenture Form so as to deprive the Noteholders or the Related Noteholders (as defined in the Indenture Form) of a first priority security interest in and mortgage lien on the Aircraft (as defined in the Indenture Form) or, to the extent assigned thereunder, the Warranty Rights (as defined in the Indenture Form) or to eliminate any of the obligations intended to be secured thereby, or otherwise modify in any material adverse respect as regards the interests of the Noteholders, the Subordination Agent, the Liquidity Providers or the Loan Trustee (as defined in the Indenture Form) the provisions of Article II or Article III, or Sections 7.05(a) or 7.05(b) (insofar as such Sections relate to conditions to “Airframe” and “Engine” replacements), or Sections 4.01, 4.02, 5.02, 9.02, 10.04, 10.11, 10.12 or 10.15 of the Indenture Form or the provisions of the proviso to the second full sentence of Section 7.02(e) of the Indenture Form as regards the rights of the Loan Trustee (as defined in the Indenture Form) thereunder or the definition of “Make-Whole Amount” in Annex A to the Indenture Form.
Prohibited Modifications. 5.4.1 The Lessee will be allowed to use the Leasehold only for offices, biotechnology industry laboratories, software and Internet and communication and not for any other purpose.
5.4.2 Without derogating from the provisions in Section 5.4.1 above, the Lessee will be prohibited from:-
A) Performing in the Leasehold any mechanical work that generates noise or emits smoke, odors, pollution, etc., in excess of an acceptable level in an office and in laboratories.
B) Using the Leasehold for uses that are prohibited by law. If the Lessee provides an alternative lessee in accordance with the provisions of Section 3.2.3 above, the alternative lessee will be allowed to use the Leasehold for any purpose that does not constitute a breach of the provisions of this section.
5.4.3 If the use according to the purpose of the rental requires a license as required by the Law, the Lessee undertakes to act to obtain such a license. The Lessee will assume any liability for running a business without a license in the Leasehold if a license is required. The Lessor will sign everything required of it as an owner in order to obtain the license.
Prohibited Modifications. The parties may not modify in any material adverse respect the Granting Clause of the Indenture Form so as to deprive the Noteholders or the Related Noteholders (as defined in the Indenture Form) of a first priority security interest in and mortgage lien on the Pre-Funded Aircraft (as defined in the Indenture Form) or to eliminate any of the obligations intended to be secured thereby, or modify the Airframe Warranties Agreement so as to have the “Controlling Party” be any party other than the Loan Trustee on the Closing Date or otherwise modify in any material adverse respect as regards the interests of the Noteholders, the Subordination Agent, the Liquidity Providers or the Loan Trustee (as defined in the Indenture Form) the provisions of Article II or Article III, or Sections 7.05(a) or 7.05(b) (insofar as such Sections relate to conditions to “Airframe” and “Engine” replacements), or Sections 4.01, 4.02, 5.02, 9.02, 10.04, 10.11, 10.12 or 10.15 of the Indenture Form or the provisions of the proviso to the second full sentence of Section 7.02(e) of the Indenture Form as regards the rights of the Loan Trustee (as defined in the Indenture Form) thereunder or the definition of “Make-Whole Amount” in Annex A to the Indenture Form.
Prohibited Modifications. Despite anything in this Agreement to the contrary, no modification of this Agreement may be made which would:
(a) divert the Fund to a purpose other than as set forth herein; or
(b) except as provided in Section 3.4(b), provide any compensation from the Fund for any member of the Board of Trustees; or
(c) be inconsistent with the Pension Benefits Act, the Income Tax Act, the CBE Shared Risk Plan (including, without limitation, Section 23.2 thereof, which specifies matters requiring approval of the Unions and the Province) or the Funding Policy.
Prohibited Modifications. Notwithstanding any provision of this Agreement or the Specific Plan, none of the following shall be permitted with respect to the Project during the Term of this Agreement:; (i) any modification to the square footage of the commercial space (10,000); (ii) any use of the commercial space other than restaurant space; or (iii) any reduction in the amount of publicly accessible open space below 111,581 square feet, except that a reduction of no more than 2.5% of the non-park open space area may be permitted if necessary based on Building Standards Code requirements as identified/required during the plan check process. No reduction to the square footage of the park (22,859 sq. ft.) shall be permitted.
Prohibited Modifications. 5.13(b) Purchaser ............................................................................................................................ Preamble Purchaser 401(k) Plan .............................................................................................................. 5.6(b)
Prohibited Modifications. May not modify in any material adverse respect the Granting Clause of the Indenture so as to deprive the Note Holders or the Related Note Holders (as defined in the Indenture) of a first priority security interest in and mortgage lien on the Aircraft or to eliminate any of the obligations intended to be secured thereby or otherwise modify in any material adverse respect as regards the interests of the Note Holders, the Related Note Holder of a Related Series A Equipment Note, the Related Note Holder of a Related Series B Equipment Note, the Subordination Agent or the Mortgagee the provisions of Article II or III or Section 4.04(f), 4.05(c), 5.01, 5.02, 6.02, 10.01(a), 10.01(b)(vii), 11.01, 11.04, 11.11, 11.12 or 11.13 of the Indenture or the definition of “Make-Whole Amount” in Annex A to the Indenture.
Prohibited Modifications. The parties may not modify in any material adverse respect the Granting Clause of the Indenture so as to deprive the holders of Equipment Notes or the Related Certificate Holders (as defined in the Indenture) of a first priority security interest in and mortgage lien on the Aircraft or, to the extent assigned thereunder, Northwest’s rights under the applicable Purchase Agreement (as defined in the Indenture) or to eliminate or modify any of the obligations intended to be secured thereby or otherwise modify in any material adverse respect as regards the interests of the holders of Equipment Notes, the Related Certificate Holders, the Subordination Agent, the Liquidity Provider or the Indenture Trustee the provisions of Article II or III or Sections 7.06(a) and (b) (insofar as such Sections relate to conditions to Airframe and Engine replacement), 4.01, 4.02, 5.02, 10.01(a), 11.04, 11.11, 11.12 or 11.13 of the Indenture or the definition of “Make-Whole Amount” in Annex A to the Indenture.