Substitution and Modification. Notwithstanding any other provision in this Preferred Security or the Indenture (including Article 10 of the Contingent Convertible Preferred Securities Indenture (as amended by the Third Supplemental Indenture)), by its acquisition of the Preferred Securities, each Holder and beneficial owner acknowledges, accepts, consents to and agrees that if a Capital Event or a Tax Event, as applicable, occurs and is continuing, the Company may, except if a Trigger Event occurs or shall have occurred, and except if a Capital Reduction occurs or shall have occurred (other than in respect of Preferred Securities with respect to which a duly completed Election Notice has been received during the Election Period), substitute all (but not less than all) of the Preferred Securities or modify the terms of all (but not less than all) of the Preferred Securities, without any requirement for the consent or approval of the Trustee or the Holders or beneficial owners of the Preferred Securities, so that such Preferred Securities are substituted for, or their terms are modified to, become again, or remain Qualifying Preferred Securities, subject to: (i) having given not less than 5 nor more than 30 days’ notice to the Holders in accordance with Section 1.06 of the Contingent Convertible Preferred Securities Indenture and to the Trustee (which notice shall be irrevocable and shall specify the date for substitution or, as applicable, modification), (ii) the prior consent of the Regulator, if required pursuant to Applicable Banking Regulations, and (iii) any variation in the terms of the Preferred Securities resulting from such modification or, if the Preferred Securities are substituted, any difference between the terms of the Preferred Securities and those of the Qualifying Preferred Securities for which the Preferred Securities are substituted, not being materially prejudicial to the interests of the Holders of the Preferred Securities. For the purposes of this section “Substitution and Modification”, the notice to be delivered by the Company shall specify the relevant details of the manner in which the relevant substitution or modification shall take effect and where the Holders of Preferred Securities can inspect or obtain copies of the new terms and conditions of the Preferred Securities or, if the Preferred Securities are substituted, of the Qualifying Preferred Securities for which the Preferred Securities are substituted. Such substitution or modification will be effected w...
Substitution and Modification. Amazing Support reserves the right to at their absolute discretion to make improvements, substitutions and modifications in the specification of any item or items of Equipment, Hardware or Software provided that such improvements, substitutions or modifications will not materially affect the performance of such Equipment and Software. Any such improvements, substitutions and modifications may be reasonably declined by the client. However if modifications and the like as detailed herein are not permitted by the client then Amazing support will not be liable for any damage howsoever arising, caused to the systems/hardware/software/equipment by the client not accepting the proposed modifications and the like. In signing this agreement the client hereby expressly waivers the rights to any and all claims that may arise in this context.
Substitution and Modification. The Supplier may, by giving written notice to the Purchaser, substitute alternative Deliverables to meet the Fit/Gap Analysis or agreed changes arising from the Design process, provided that such substituted Deliverables shall not adversely affect performance against the Fit/Gap Analysis or agreed changes to same, and that the substituted or modified Deliverable shall be of equivalent or better quality and functionality to that originally specified. The Supplier is not liable for substitutions or modifications made to Application Software by Manufacturers.
Substitution and Modification. No substitution or modification of any goods, component parts, tooling, sources of raw materials, processes, or manufacturing sites may be made without Buyer’s prior written consent.
Substitution and Modification. Cadaptor reserves the right, as Cadaptor shall in its discretion determine, to make an improvement, substitution or modification in the Specification of the CONE Software and any description of the Training Services provided that such improvement, substitution or modification will not substantially worsen the overall performance of the CONE Software and quality of the Training Services.
Substitution and Modification
