SPECIAL AMENDMENTS. Notwithstanding any other provision of this Declaration of Trust or the By-Laws, the amendment or repeal of Article IV, Sections 1, 2 and 3, Article V, Article VII, Article VIII and this Article IX of this Declaration of Trust shall require the approval of the Board of Trustees and the affirmative vote of holders of at least two-thirds (66 2/3%) of the Shares entitled to vote, unless such action has previously been approved, adopted or authorized by the affirmative vote of two-thirds (66 2/3%) of the Board of Trustees, in which case the Shareholder vote set forth in Article V, Section 2(a)(1) shall be required.
SPECIAL AMENDMENTS. 21 ARTICLE X. MISCELLANEOUS....................................22 SECTION 1. REFERENCES; HEADINGS; COUNTERPARTS...............22
SPECIAL AMENDMENTS. It is the intention of the Employers and the Executive that this Agreement, and all amounts payable to the Executive under this Agreement that are subject thereto, shall meet the requirements of Section 409A of the Code, to the extent applicable to the Agreement and such payments. The provisions of the Agreement shall be interpreted in a manner consistent with such intent, and the Employers and the Executive agree to cooperate in good faith in preparing and executing, from time to time, such amendments to the Agreement as may be reasonably necessary or appropriate in order to assure that the Agreement and such payments meet the requirements of Section 409A, provided, however, that no such amendment shall increase the cost to the Employers of providing benefits pursuant to the Agreement.
SPECIAL AMENDMENTS. This Contract may be amended with the written consent of all parties, and such amendments shall become an integral part of this Contract.
SPECIAL AMENDMENTS. Notwithstanding any other provision of this Agreement, on or prior to the last day on which amendments can be made to this Agreement to bring it into compliance with or make it exempt from the requirements of Internal Revenue Code Section 409A, such an amendment can be unilaterally made by:
(a) The Company as long as a Change in Control has not occurred; or
(b) The Executive if a Change in Control has occurred. Notwithstanding the foregoing, in the event that the proposed or final Treasury Regulations and other guidance available on such last day prohibit accelerating any payments into 2006 (or a subsequent year) and/or prohibit deferring any payments which would have been paid in 2006 (or a subsequent year) into a later year, then any such amendment pursuant to this Section will comply with such prohibitions. In addition, any such amendment shall not increase the severance benefits of the Executive beyond what are set forth in the Agreement.
SPECIAL AMENDMENTS. Notwithstanding any other provision of this Declaration of Trust or the By-Laws, the amendment or repeal of Article IV, Sections 1, 2 and 3, Article V, Article VII, Article VIII and this Article IX of this Declaration of Trust shall require the approval of the Board of Trustees and the affirmative vote of holders of at least seventy-five percent (75%) of the Shares of each affected Class or Series outstanding, voting as separate Classes or Series, unless such amendment has been approved by eighty percent (80%) of the Trustees, in which case the approval by a vote of a majority of the outstanding voting securities shall be required.
SPECIAL AMENDMENTS. In order to be more competitive in certain areas of the country, the Pipe Line Contractors Association and the Union may mutually agree to put into effect special wages and conditions for specific areas or projects. These special wages and conditions will apply to the areas or projects involved for the period of time to be established by the principal parties. Please contact the designated representatives of the Pipe Line Contractors Association and the Laborers' International Union of North America for further information.
SPECIAL AMENDMENTS. Notwithstanding anything herein contained to the contrary, the Declarant reserves the right and power to record one or more special amendments (a “Special Amendment”) to this Master Deed or the Trust at any time and from time to time which amends this Master Deed or the Trust:
SPECIAL AMENDMENTS. 91 ANNEX I -- Commitments ANNEX II -- Bank Addresses ANNEX III -- Government Approvals ANNEX IV -- Subsidiaries ANNEX V -- Properties ANNEX VI -- Existing Indebtedness ANNEX VII -- Insurance Policies ANNEX VIII -- Existing Liens ANNEX IX -- Management Fees EXHIBIT A-1 -- Form of Notice of Borrowing EXHIBIT A-2 -- Form of Letter of Credit Request EXHIBIT B-1 -- Form of Revolving Note EXHIBIT B-2 -- Form of Swingline Note EXHIBIT C -- Form of Assignment Agreement
SPECIAL AMENDMENTS. The parties hereto agree that, upon the occur-rence of the Guaranty Commencement Date and the execution and delivery of the Holdings Guaranty and the Holdings Pledge Agreement, the AF Credit Agreement will be modified with the consent of the Borrower, the Required Banks under and as defined in the AF Credit Agreement and the Required Banks hereunder to (x) incorporate therein the Total Revolving Commitment, (y) incorporate therein any representation, covenant or event of default contained herein and not contained therein and (z) otherwise make such changes as appropriate to reflect the incorporation of the Total Revolving Commitment therein (e.g., to the definition of Required Banks therein to reflect same) and to eliminate the restrictions imposed on the Borrower and its Subsidiaries by the Senior Notes and/or Discount Notes and upon such amendment this Agreement will terminate. * * *
