Section 5 - Amendments Sample Clauses

Section 5 - Amendments. The Agreement may be open for amendments only by the mutual consent of both parties. Requests for such amendment by either party must be in writing and must include a summary of the proposed amendment.
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Section 5 - Amendments. Subject to the provisions below, a restriction as to the use of the fund may be released, in whole or in part, by the Board of Directors of the Foundation (“Board”) with the written consent of the Donor.
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Section 5 - Amendments. This Agreement may be amended when initiated by any Director by notifying the Board and providing the text of the proposed change in writing to the Board at least twenty (20) business days prior to a vote thereon. No proposed amendment shall be effective unless approved by a weighted vote of seventy per cent (70%) of the Member votes of FGU as specified in Article IV, Section 4 hereof.
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Section 5 - Amendments. (a) Section 5(b) of the Affiliate Agreement is hereby deleted in its entirety and in place thereof the following is inserted: (b) On or before February 28, 1998 (the "New System Launch Date"), Affiliate shall launch the Service in systems that are not currently distributing the Service (such systems on which the Service is launched between the date of this Agreement and the New System Launch Date shall be referred to herein as the "New Systems", and following any such launch shall be included in the term "Systems" as used herein), which New Systems shall represent at least 250,000 Service Subscribers. The New Systems shall distribute the Service on a full time basis at all times during the term of this Agreement. If Affiliate does not launch the Service on the New Systems as of the New System Launch Date, Affiliate shall have until May 31, 1998 to cure such default without any liability or obligation of any kind to G.A.C."
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Section 5 - Amendments. The parties may modify or amend this Agreement only by mutual consent or through mid-term bargaining. Such changes will be reduced to writing and signed by the parties and become an amendment to this contract.
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Section 5 - Amendments. The terms of this Agreement may only be modified or amended with a written Amendment executed by both Parties hereto.
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Related to Section 5 - Amendments

  • Waivers; Amendments (a) No failure or delay by the Administrative Agent, any Issuing Bank or any Lender in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the Issuing Banks and the Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower therefrom shall in any event be effective except in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Issuing Bank or any Lender may have had notice or knowledge of such Default at the time. (b) Subject to Section 2.13(b) and Section 10.2(c) below, neither this Agreement nor any other Loan Document nor any provision hereof or thereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by Borrower and the Required Lenders or by Borrower and the Administrative Agent with the consent of the Required Lenders; provided that no such agreement shall (i) increase the Commitment of any Lender or the Commitments without the written consent of such Lender or each Lender, respectively, or increase the Letter of Credit Commitment of any Issuing Bank without the written consent of such Issuing Bank, (ii) reduce the principal amount of any Loan or LC Disbursement or reduce the rate of interest thereon, or reduce any fees payable hereunder, without the written consent of each Lender affected thereby, (iii) postpone the scheduled date of payment of the principal amount of any Loan or LC Disbursement, or any interest thereon, or any fees payable hereunder, or reduce the amount of, waive or excuse any such payment, or postpone the scheduled date of expiration of any Commitment, without the written consent of each Lender affected thereby, (iv) change Sections 2.17(b) or (c) or the last sentence of Section 2.8(c) in a manner that would alter the pro rata sharing of payments or the pro rata reduction in Commitments required thereby, without the written consent of each Lender, (v) change the payment waterfall provisions of Section 2.20(b) or 8.4 without the written consent of each Lender, (vi) release any APA Guaranty or, except pursuant to its terms, the Apache Guaranty, without the written consent of each Lender, or (vii) change any of the provisions of this Section or the definition of “Required Lenders” or any other provision hereof or thereof specifying the number or percentage of Lenders required to waive, amend or modify any rights hereunder or thereunder or make any determination or grant any consent hereunder or thereunder, without the written consent of each Lender; provided further that no such agreement shall amend, modify or otherwise affect the rights or duties of the Administrative Agent hereunder or thereunder or the Issuing Banks hereunder or under Section 2.4, without the prior written consent of the Administrative Agent or the applicable Issuing Banks, as the case may be; provided further, notwithstanding the foregoing, a Letter of Credit may only be amended by the Issuing Bank which issued such Letter of Credit; provided further that in the event that any Additional Borrower elects to terminate its status as an Additional Borrower under this Agreement and delivers a properly executed Borrower Termination Notice pursuant to Section 2.21(c), such termination and release of such Additional Borrower from its Obligations under this Agreement shall require only the consent of the Administrative Agent. (c) If the Administrative Agent and the Borrower acting together identify any ambiguity, omission, mistake, typographical error or other defect in any provision of this Agreement or any other Loan Document, then the Administrative Agent and the Borrower shall be permitted to amend, modify or supplement such provision to cure such ambiguity, omission, mistake, typographical error or other defect, and such amendment shall become effective, upon notice to the Lenders, without any further action or consent of any other party to this Agreement.

  • Other Amendments The parties may amend this Agreement to add, change or eliminate terms for this Agreement if: (i) the holder of the Residual Interest delivers an Officer’s Certificate to the Indenture Trustee and the Owner Trustee stating that the amendment will not have a material adverse effect on the Notes or, if such Officer’s Certificate is not or cannot be delivered, the consent of the Noteholders of a majority of the Note Balance of each Class of the Notes Outstanding (with each Class voting separately, except that all Noteholders of the Class A Notes will vote together as a single class) is received; (ii) the holder of the Residual Interest delivers an Opinion of Counsel to the Indenture Trustee and the Owner Trustee stating that the amendment will not (A) cause a Note to be deemed sold or exchanged for purposes of Section 1001 of the Code, (B) cause the Issuer to be treated as an association or publicly traded partnership taxable as a corporation for U.S. federal income tax purposes or (C) adversely affect the treatment of the Notes as debt for U.S. federal income tax purposes; and (iii) the consent of the Indenture Trustee is received if the amendment has a material adverse effect on the rights or obligations of the Indenture Trustee, which consent will not be unreasonably withheld.

  • Modification and Amendments If a Fund shall determine that the coverage required by Rule 17g-1 for the Fund has changed, or that the amount of the total coverage allocated to the Fund should otherwise by modified, it shall so notify the other Funds and shall set forth the modification which it believes to be appropriate, and the proposed treatment of any increase in or return of premium paid to the insurance company. Within 60 days after such notice, the Funds shall seek the approvals required by Rule 17g-1, and if the approvals are obtained, shall effect an amendment to this Agreement and the bond. Any Fund may terminate this Agreement (except with respect to losses occurring prior to such withdrawal) by giving at least 60 days’ written notice to the other Funds and to the Commission before the effective date of such termination. The Fund terminating the Agreement shall thereafter be removed as a named insured under the bond in accordance with Rule 17g-1 and the Fund shall be entitled to receive a pro rata portion of any return of premium paid to the insurance company.

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