SUPPLEMENT TO AGREEMENT. The Agreement is hereby supplemented as follows:
(a) Notwithstanding anything to the contrary set forth in the Agreement (with the exception of Section 8.07 thereof, which shall apply in each case) and in addition to any other Transfers that may be permitted therein, at any time following the first underwritten public offering of shares of Class A Common Stock, if any, consummated subsequent to the IPO (such subsequent underwritten public offering, the “Subsequent Offering”) (i) Xxxxx X. Xxxxxx or his Related Partner may, without the authorization of or notice to the Equity Committee, Transfer Vested Initial Units having an aggregate value of $10 million (such value determined based on the market price of the Class A Common Stock at the time of Transfer) to one or more Charities (such Charities, “Xxxxxx Charitable Donees”) or exchange such Vested Initial Units for shares of Class A Common Stock for onward Transfer to such Xxxxxx Charitable Donees and (ii) such Xxxxxx Charitable Donees may, without the authorization of or notice to the Equity Committee, freely Transfer such Vested Initial Units or such shares of Class A Common Stock to any other Person; provided, that Xxxxx X. Xxxxxx shall not have at the time of any such Transfer ceased to be employed by, or to serve as a director of, the General Partner, the Partnership or any of its subsidiaries other than as a result of death, disability or retirement in the ordinary course.
(b) Transfers of shares of Class A Common Stock by Xxxxxx Charitable Donees pursuant to clause (a) above shall be subject to (i) reasonable periodic volume limitations that may be imposed by the Equity Committee to minimize disruption in the trading of the Class A Common Stock and (ii) lock-up periods, if any, imposed by the underwriters of any underwritten public offering of shares of Class A Common Stock.
(c) Should the Equity Committee offer Xxxxx X. Xxxxxx, his Related Partner and/or the Xxxxxx Donees the opportunity to participate in one or more public offerings of shares of Class A Common Stock subsequent to the Subsequent Offering (“Additional Subsequent Offerings”), the aggregate value of the Vested Initial Units and shares of Class A Common Stock that may be Transferred by Xxxxx X. Xxxxxx, his Related Partner and/or the Xxxxxx Donees pursuant to clause (a) above shall thereafter be reduced by the aggregate value of the Vested Initial Units and shares of Class A Common Stock as to which such participation was offered (such v...
SUPPLEMENT TO AGREEMENT. This Supplement to the Mutual Separation Agreement and Mutual Release is made by and between Executive and Company and is effective as of the Separation Date.
SUPPLEMENT TO AGREEMENT. The terms and conditions of the Agreement will remain in full force and effect, except as modified by this Amendment. This Amendment will serve only to supplement the Agreement.
SUPPLEMENT TO AGREEMENT. This Supplement to the Agreement by and between CENTRAL MAINE POWER COMPANY AND LOCAL UNION NO. 1837, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, and is applicable to Area and System Operators performing represented work in the System Operations Department. Articles I, V, VI, VIII, IX, X (Sections 2 & 3), XI, XX (Sections 4 & 6), XXII, XXIV (Section 1 – Retirement Income Plan), XXV, XXVI, and XXIX (Section 7) of the main Agreement are not applicable to the Area and System Operators. All other Articles are applicable and Hours of Work, Wages and other issues shall be set forth in this Agreement.
SUPPLEMENT TO AGREEMENT. Matters related to the use of the premises and subsidiary facilities shall be supplemented to this agreement after the Building Maintenance Rule is drawn to because the Building Maintenance Rule is not drawn up yet.
SUPPLEMENT TO AGREEMENT. These terms and conditions of sale govern the sale of hardware products purchased by IGT from ACRES and supplement the provisions of the Product Sales Delivery, Maintenance and License Agreement to which these terms are an exhibit. These terms and conditions prevail over any additional, conflicting or inconsistent terms and conditions appearing on any purchase order submitted by IGT. Such additional, conflicting or inconsistent terms or conditions are hereby objected to and shall be of no effect. Failure of ACRES to object to any provision contained in any order or other communication from IGT shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provision. In the event of any conflict between terms and conditions stated herein and those stated in any order or other communication from IGT, the terms and conditions stated herein shall govern. This agreement constitutes the complete and final agreement between the parties relating to the sale of the products described in the Agreement and its exhibits and supersedes all previous communications, representations or agreements, either oral or written, with respect to the subject matter hereof. No change, modification, rescission, discharge, abandonment or waiver of these terms and conditions shall be binding upon ACRES unless made in writing and signed on its behalf by an authorized employee. No course of dealing, usage of trade or course of performance shall be relevant to explain or supplement any terms and conditions expressed in this Exhibit.
SUPPLEMENT TO AGREEMENT. This Supplement to the Transition Agreement and Release is made by and between Executive and Company and is effective as of the Supplemental Release Effective Date.
SUPPLEMENT TO AGREEMENT. This Third Addendum merely supplements certain provisions of the TCC Master License Agreement ("Agreement"), entered into on January 20, 1994 and the Addendum to the TCC Master License Agreement, entered into on November 22, 1994 ("First Addendum") and the Second Addendum to the TCC Master License Agreement ("Second Addendum") entered into on July 13, 1995 (collectively "Combined Agreements"). All provisions, including Definitions, contained within the Combined Agreements are therefore incorporated herein. In the event any of the provisions of the Combined Agreements and this Third Addendum conflict, the provisions contained in this Third Addendum shall supersede the conflicting provisions. The modifications to the Combined Agreements as set forth herein are pursuant to the Equitable License provision of the Agreement and are substantially similar to the terms currently being negotiated with Amkor Electronics.
SUPPLEMENT TO AGREEMENT. 1.1 Subject to Section 6.3 of the Agreement, in addition to the Base Salary and Bonus provided in the Agreement, and notwithstanding anything to the contrary contained therein, the Executive shall be entitled to receive additional incentive compensation for 2008 in the amount of Two Hundred Forty Nine Thousand ($249,000) Dollars if the LCI Entities achieve a return on assets (“ROA”) for 2008 of twenty four percent (24%) percent, which additional incentive compensation will increase at the pro-rata rate of Thirty Thousand ($30,000) Dollars per one (1%) percent increase in ROA in excess of 24% (the “ROA Bonus”); provided, however, that the aggregate Bonus and ROA Bonus for 2008 shall not exceed ten (10%) percent of the “operating profits of the LCI Entities” for 2008. For purposes hereof “return on assets” shall mean the “operating profit of the LCI entities” for 2008 divided by the average “net assets” employed by the LCI Entities during 2008.
1.2 The term Bonus in Section 6.3 of the Agreement, shall mean the Bonus and the ROA Bonus, collectively.
SUPPLEMENT TO AGREEMENT. The terms and conditions of the Agreement will remain in full force and effect, except as modified by this Amendment. This Amendment will serve only to supplement the Agreement. This Search Revenue Sharing Addendum First Renewal shall supercede the Search Revenue Sharing Addendum dated as of
