Reallocation and Waiver Sample Clauses

Reallocation and Waiver. The Partnership Interests and related interests in the General Partner owned by Xxxxx X. Xxxxxxxx have been transferred to Xxxx X. Xxxxxxx Revocable Trust dated 12-24-92, Xxxxx X. Xxxxxxxxx Revocable Trust dated 8-21-00, Xxxx X. XxXxxxxx, Xxxxxxx X. Xxxxxxxxx, and Xxxxxx Xxxxxxx, Xx., and the parties hereto agree that they have waived and to hereby waive any rights under Section 16.6 through 16.9 of the Agreement with respect to such transfer and accept and acknowledge that Xxxx X. Xxxxxxx Revocable Trust dated 12-24-92, Xxxxx X. Xxxxxxxxx Revocable Trust dated 8-21-00, Xxxx X. XxXxxxxx, Xxxxxxx X. Xxxxxxxxx, and Xxxxxx Xxxxxxx, Xx., are the holders of such Partnership Interests. The Management Restricted Common Limited Partner Interests have been reallocated as provided in Exhibit A hereto and the Members acknowledge and agree to such allocation. Xxxx X. XxXxxxxx has received a 0.156% Class B Common Partner Interest and a 2.00% Class B Management Restricted Partner Interest and by executing this Agreement agrees to be bound by all the terms and conditions of the LP Agreement. Xxxxxxx X. Xxxxxxxxx has received a 0.320% Class B Common Partner Interest and by executing this Agreement agrees to be bound by all the terms and conditions of the LP Agreement. Xxxxxx Xxxxxxx, Xx. has received a 0.031% Class B Common Partner Interest and by executing this Agreement agrees to be bound by all the terms and conditions of the LP Agreement. Xxxxxx X. Xxxxxxx has received a 0.32% Class B Common Partner Interest and by executing this Agreement agrees to be bound by all the terms and conditions of the LP Agreement. The Series B Preferred Limited Partner Interests and related interests have been created and issued to the Series B Preferred Limited Partners and the parties hereto agree that they have waived and to hereby waive any rights under Sections 3.5 and 16.6 through 16.9 of the Agreement with respect to such creation and issuance, and accept and acknowledge that the Series B Preferred Limited Partners are the holders of the Series B Preferred Limited Partner Interests.
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Related to Reallocation and Waiver

  • Modification and Waiver No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement nor shall any waiver constitute a continuing waiver.

  • Termination and Waiver SECTION 8.01. Termination....................................................76 SECTION 8.02.

  • Modification and Waivers The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i)), the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer with the consent of the holders of not less than 66 2/3% in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, on behalf of the holders of all such Securities, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the holder of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.

  • Amendment, Modification and Waiver This Agreement may not be amended, modified or waived except by an instrument or instruments in writing signed and delivered on behalf of each of the parties hereto.

  • Modifications and Waiver Except as provided in Section 17 above with respect to changes in Delaware law which broaden the right of Indemnitee to be indemnified by the Company, no supplement, modification or amendment of this Agreement shall be binding unless executed in writing by each of the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement (whether or not similar), nor shall such waiver constitute a continuing waiver.

  • Termination Amendment and Waiver 46 7.1 Termination....................................................................................46 7.2

  • Modification, Amendment and Waiver The authority of the Trustees hereunder to authorize the Trust to enter into contracts or other agreements or arrangements shall include the authority of the Trustees to modify, amend, waive any provision of supplement, assign all or a portion of, novate, or terminate such contracts, agreements or arrangements. The enumeration of any specific contracts in this Section 5.12 shall in no way be deemed to limit the power and authority of the Trustees as otherwise set forth in this Declaration of Trust to authorize the Fund to engage, contract with or make payments to such Persons as the Trustees may deem desirable for the transaction of the business of the Fund.

  • Amendment, Extension and Waiver Subject to applicable law, at any time prior to the consummation of the transactions contemplated by this Agreement, the parties may (a) amend this Agreement, (b) extend the time for the performance of any of the obligations or other acts of either party hereto, (c) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto, or (d) waive compliance with any of the agreements or conditions contained in Articles V and VI hereof or otherwise; provided, however, that after any approval of the transactions contemplated by this Agreement by Innes Street's shareholders, there may not be, without further approval of such shareholders, any amendment of this Agreement which reduces the amount or changes the form of the consideration to be delivered to Innes Street shareholders hereunder other than as contemplated by this Agreement. This Agreement may not be amended except by an instrument in writing authorized by the respective Boards of Directors and signed, by duly authorized officers, on behalf of the parties hereto. Any agreement on the part of a party hereto to any extension or waiver shall be valid only if set forth in an instrument in writing signed by a duly authorized officer on behalf of such party, but such waiver or failure to insist on strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

  • Reallocation of Pro Rata Share; Amendments For purposes of determining Lenders’ obligations to fund or participate in Loans or Letters of Credit, Agent may exclude the Commitments and Loans of any Defaulting Lender(s) from the calculation of Pro Rata shares. A Defaulting Lender shall have no right to vote on any amendment, waiver or other modification of a Loan Document, except as provided in Section 14.1.1(c).

  • Modifications and Waivers No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

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