Regulatory Amendments. References in this Agreement to sections of the Administrative Code shall include such rules as they may be amended in the future.
Regulatory Amendments. Members holding a Supermajority Interest are hereby authorized, upon the advice of the Company’s counsel, to amend this Article XII to comply with the Code and Regulations promulgated under section 704(b) of the Code; provided, however, that no amendment shall materially affect distributions to a Member without the Member’s prior written consent.
Regulatory Amendments. CareSource may amend this Agreement and/or any Product Specific Appendix, or other attachment, unilaterally at any time, upon written notice to Provider where such amendment is required by Law. Any such amendment shall be effective on the date specified in the amendment or the date required by the applicable Law, whichever is earlier.
Regulatory Amendments. Health Plan may immediately amend this Agreement to maintain consistency or compliance with applicable policy, directive, Law, or Government Program Requirement at any time and without Provider’s consent, subject to state Law. Such regulatory amendment will be binding upon Provider.
Regulatory Amendments. If an application Approved by the JDC-ML and submitted by Emera to the applicable Authorized Authority is required by the Authorized Authority to be materially amended prior to the Authorized Authority’s final approval thereof, Emera shall forthwith, upon receipt of advice from the Authorized Authority of such requirement, give Notice thereof to Nalcor providing full particulars, together with Emera’s recommendations with respect thereto, which shall be brought forward to the JDC-ML for Approval prior to further action.
Regulatory Amendments. If an environmental impact statement Approved by the JDC-ML and submitted by Emera to the applicable Authorized Authority is required by the Authorized Authority to be materially amended prior to the Authorized Authority’s final approval thereof, Emera shall forthwith, upon receipt of advice from the Authorized Authority of such requirement, give Notice thereof to Nalcor providing full particulars, together with Emera’s recommendations with respect thereto which shall be brought forward to the JDC-ML for Approval prior to further action.
Regulatory Amendments. Notwithstanding anything in this Agreement to the contrary, Horizon may amend this Agreement and/or any Appendix hereto unilaterally at any time, upon written notice to Provider, where such amendment is mandated or necessitated by Law or by a Governmental Authority. Any such amendment shall be effective on the earlier of (a) the 31st day following such written notice, (b) the date specified in the amendment, or (c) the date required by Law and/or by the Governmental Authority. If Provider objects to such an amendment, Provider may elect to terminate this Agreement or the applicable Appendix by written notice to Horizon prior to the effective date of the amendment, which termination shall be effective 90 days after Horizon receives Provider’s notice of termination. The amendment, however, shall become effective on the amendment effective date notwithstanding any termination by Provider.
Regulatory Amendments. Notwithstanding anything in this Agreement to the contrary, upon the request of any Member, the Management Board may, in its discretion, but subject to SBA approval to the extent required by the SBIC Act, (if the Company is licensed as an SBIC) effect such amendments to this Agreement and the Certificate of Formation without the consent of any Member, (i) as shall be needed in order to permit the requesting Member to remain in compliance with the provisions of ERISA, the Federal Deposit Insurance Act, as amended, the National Bank Act, as amended, the Bank Holding Company Act of 1956, as amended (the Holding Company Act), Title 29, Section 1002(3) of the United States Code and any similar laws or regulations, including state laws and regulations, thereunder (Governmental Plan Regulations), applicable to such Member, as in effect now or at any time during the term of this Agreement with respect to the investment of such Member in the Company; provided, however, that in the event the Management Board considers the amendments to be onerous for the Company, the Management Board need not effect the amendments or (ii) to preclude the assets of the Company from being considered to be plan assets for purposes of Section 3 of ERISA and regulations thereunder and Section 4975 of the Code. In the event the Management Board does not effect the amendments after a request to do so by a Member and such Member delivers to the Management Board an opinion of counsel (including an attorney general's opinion or an opinion from a regulatory authority) to the effect that the Member must withdraw from the Company in order for such Member to be in compliance with ERISA, the Holding Company Act, the Federal Deposit Insurance Act, as amended, the National Bank Act, as amended, or the Governmental Plan Regulations unless the amendments are effected, or in the event that the Management Board effects the Amendments and the Member delivers to the Management Board such an opinion of counsel to the effect that after the amendments the Member must withdraw from the Company in order for such Member to be in compliance with ERISA, the Holding Company Act, the Federal Deposit Insurance Act, as amended, the National Bank Act, as amended, or the Governmental Plan Regulations, then the Management Board, subject to SBA approval to the extent required by the SBIC Act, shall either (i) effect such amendments as would enable such Member to be in compliance with ERISA, the Holding Company Act, the F...
Regulatory Amendments. Notwithstanding the other provisions of this Article XII, the Manager, without the consent of any other Member or Person, may amend any provisions of this Agreement with respect to allocation of Net Income, Net Loss, items thereof, and tax items if so required by a taxing authority.
Regulatory Amendments. TrueCare may amend this Agreement and/or any Product Specific Appendix, or other attachment, unilaterally at any time, upon written notice to Provider where such amendment is required by Law. Any such amendment shall be effective on the date specified in the amendment or the date required by the applicable Law, whichever is earlier.
