Provisions and Amendments. Any contract entered into pursuant to Sections 6.01 or 6.02 of this Article VI shall be consistent with and subject to the requirements of Section 15 of the 1940 Act or other applicable Act of Congress hereafter enacted with respect to its continuance in effect, its termination, and the method of authorization and approval of such contract or renewal thereof, and no amendment to any contract, entered into pursuant to Section 6.01 of this Article VI shall be effective unless assented to in a manner consistent with the requirements of said Section 15, as modified by any applicable rule, regulation or order of the Commission.
Provisions and Amendments. Any contract entered into pursuant to Sections 4.1 and 4.2 of this Article IV shall be consistent with and subject to the requirements of Section 15 of the 1940 Act with respect to its continuance in effect, its termination, and the method of authorization and approval of such contract or renewal thereof, and no amendment to any contract entered into pursuant to Section 4.1 shall be effective unless consented to by a Majority Shareholder Vote of the applicable Series if required by law.
Provisions and Amendments. Any contract entered into pursuant to Sections 6.1 or 6.2 of this Article VI shall be consistent with and subject to the requirements of the 1940 Act or other applicable Act of Congress hereafter enacted with respect to its continuance in effect, its termination, and the method of authorization and approval of such contract or renewal thereof, and no amendment to any contract, entered into pursuant to Section 6.1 of this Article VI shall be effective unless assented to in a manner consistent with the requirements of said Section 15, as modified by any applicable rule, regulation or order of the Commission or interpretation thereof. The enumeration of any specific contracts in this Article VI shall in no way be deemed to limit the power and authority of the Trustees as otherwise set forth in this Trust Instrument to authorize the Trust or any Series to employ, contract with or make payments to such Persons as the Trustees may deem desirable for the transaction of the business of the Trust or such Series. The Trustees are further empowered, at any time and from time to time, to contract with any Person to provide such other services to the Trust or one or more of the Series, as the Trustees determine to be in the best interests of the Trust and the applicable Series.
Provisions and Amendments. This Memorandum of Understanding contains all provisions agreed upon by the parties. Any amendments to this Memorandum of Understanding must be in writing and signed by either parties or their duly authorized representative.
Provisions and Amendments. This Memorandum of Understanding contains all provisions agreed upon by the parties. Any amendment to this Memorandum of Understanding must be in writing and signed by either parties or their duly authorized representative. It is further understood that the term of this agreement is for the period of May 14, 2024 – June 30, 2026, and shall not automatically renew. Any continuation, renewal, or extension is subject to a new agreement.
Provisions and Amendments. 14 ARTICLE VII
Provisions and Amendments. 10 ARTICLE V -- LIMITATIONS OF LIABILITY OF SHAREHOLDERS, TRUSTEES AND OTHERS...................................
Provisions and Amendments. Any contract under which the other party agrees to serve as investment adviser or principal underwriter for the Fund or any Series or Class thereof, which is entered into pursuant to Sections 4.1 and 4.2 of this Article IV shall be consistent with and subject to the requirements of Section 15 of the 1940 Act with respect to its continuance in effect, its termination, and the method of authorization and approval of such contract or renewal thereof, and no amendment to any contract entered into pursuant to Section 4.1 shall be effective unless consented to by a Majority Shareholder Vote of the applicable Series if required by law.
Provisions and Amendments. RELATING TO RIVENDELL OF MICHIGAN, INC., RIVENDELL OF ARKANSAS, INC. AND RIVENDELL OF MONTANA, INC.
3.1 The parties hereto acknowledge and agree that Buyer will assume certain previously Excluded Assets relating to Rivendell-Michigan, Rivendell of Arkansas, Inc. and Rivendell-Montana. Accordingly,
3.1.1 Section 2.2 of the Asset Purchase Agreement is amended by deleting therefrom clause (j), and inserting in its place, "(j) all Medicare, Medicaid, CHAMPUS, FEHBA and RRRB provider agreements and provider numbers, except for Medicare provider agreements and provider numbers relating to Rivendell-Michigan (Medicare Provider Agreement No.23-4031); Rivendell of Arkansas, Inc. (Medicare Provider Agreement No. 04-4007) and Rivendell of Montana, Inc. (Medicare Provider Agreement No. 27-4005.
3.1.2 Section 2.3(a) of the Asset Purchase Agreement is amended by adding thereto clauses (iii) and (iv) as follows:
Provisions and Amendments. RELATING TO RIVENDELL WICHITA FALLS, INC. AND RIVENDELL OF UTAH, INC.
4.1 In accordance with Section 3.7 of the Asset Purchase Agreement (prior to amendment by this Second Amendment), the Marketed Hospital located in Wichita Falls, Texas, has been sold. Additionally, the parties have agreed the Marketed Hospital operated by Rivendell of Utah, Inc. will not be shut down prior to the Closing Date. The parties agree that notwithstanding anything to the contrary contained in the Asset Purchase Agreement, Buyer is not purchasing any of the Assets (other than the Current Assets) nor assuming any Liabilities of Rivendell Wichita Falls Psychiatric Center, Inc. or the Red River Hospital. Without limiting the generality of the foregoing,
4.1.1 Section 2.2 is amended by adding to the end thereof the following: