Terms of the Amendment Sample Clauses

Terms of the Amendment. Section 2.09 of the Agreement is hereby amended and restated in its entirety to read as follows:
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Terms of the Amendment. 2.1 The total number of SolarMax Shares to be delivered to the JZH Holders shall be reduced from 1,600,000 shares to 1,000,000 shares, and all tables to the Agreement shall be adjusted accordingly. Promptly after the execution of this Amendment, 600,000 SolarMax Shares shall be released from the Pledge Agreement and returned to SolarMax, and each of the Parties shall take such action as may be necessary to deliver such SolarMax Shares to SolarMax. Such reduced number of SolarMax Shares shall reflect a reduction of the consideration paid for the BVI Shares. 2.2 The Parties acknowledge and agree that after giving effect to Section 2.2 hereof: (i) the total number of issued and outstanding shares of Common Stock of SolarMax as determined retroactively to April 28, 2015 shall be 34,987,928 shares (i.e., 35,587,928 shares minus 600,000 shares), and (ii) the pro-rata ownership stake of each JZH Holder as determined retroactively to April 28, 2015 shall be the percentage set forth opposite such JZH Holder’s name in the table below: Hou-De Investment Co., Ltd 460,000 1.3147 % Energy Focuses Investment Co., Ltd 300,000 0.8574 % Lord Link Investment Co., Ltd 140,000 0.4001 % Green Harbor Investment Co., Ltd 80,000 0.2287 % Howye Investment Co., Ltd 20,000 0.0572 % 2.3 The definition of Tangible Net Assets in Section 1.1 of the Agreement is hereby deleted in its entirety. 2.4 Section 2.4 of the Agreement is hereby amended and restated in its entirety to read as follows:
Sample 1Sample 2
Terms of the Amendment. (a) The definition of “Modules” in Article I of the Agreement is hereby amended and restated in its entirety to read as follows:
Sample 1Sample 2
Terms of the Amendment. WHEREFORE, for valuable consideration, the receipt of which is hereby acknowledged by the Parties, the Parties hereby agree as follows: A. The definition of the term "Development" set forth on page 3 of the Water System Agreement is hereby deleted and replaced with the following definition: "'Development' means that certain development project consisting of residential and other uses as identified in the summary of the Specific Plan previously approved by the City of Palmdale, commonly referred to as the Xxxxxx Ranch Development and located on the Xxxxxx Property, including any amendments to that Specific Plan that may be hereafter approved by the City of Palmdale so long as such amendments do not authorize more than 4,500 residential units and do not materially increase the water demands attributable to the non-residential uses in the Specific Plan." B. Exhibit C-1 to the Water System Agreement is hereby deleted and replaced with Exhibit C-1(A) attached hereto. All references in the Water System Agreement to Exhibit C-1 are hereby replaced with references to Exhibit C-1(A). C. Exhibit C-3 to the Water System Agreement is hereby deleted and replaced with Exhibit C-3(A) attached hereto. All references in the Water System Agreement to Exhibit C-1 are hereby replaced with references to Exhibit C-3(A).
Sample 1
Terms of the Amendment. The Parties execute this Amendment in accordance with the authority granted in the terms of this Contract which may be found in the Uniform Managed Care Contract Terms & Conditions, under Article 8, “Amendments & Modifications.” The Parties agree that this Amendment requires approval by the Centers for Medicare & Medicaid Services (CMS). Contingent upon CMS approval, the Parties agree that the terms of the Contract will remain in effect and continue to govern except to the extent modified in this Amendment. The Parties agree that the amendments to the Contract are as follows:
Sample 1
Terms of the Amendment. Section 4.1 is deleted in its entirety and replaced with the following: 4.1 The Contractor shall provide a new Trane Performance Climate Changer Air Handling Unit with the model number of UCCAR17A0C0FBP22000000JF800BA0000020B0B1 which meets the specifications outlined in Attachment E. The Contractor is not required to provide Fire, Life Safety Work or Temperature Controls. The Contractor shall provide the following services prior to receipt of the Air Handling unit: a) Protect existing equipment with drop cloths and plastic, b) Remove ceiling tiles and grid c) Pre-balance air and water d) Isolate electrical, chilled water piping, heating piping, duct work e) Lower AHU down and cut up to fit through 34 12" door opening f) Take approved AHU submittal to make floor stand g) Modify raised floor panel for floor stand h) Install condensate pump and piping except final connection, and i) Prefab duct and install duct work up to final connections 2.2. All other terms and conditions not otherwise affected by the Amendment shall remain in full force and effect.
Sample 1
Terms of the Amendment 
Sample 1
AutoNDA by SimpleDocs

Related to Terms of the Amendment

  • Effect of the Amendment The Agreement will be deemed amended to the extent herein provided, and, except as specifically amended hereby, will continue in full force and effect in accordance with its original terms. This Amendment supersedes any previous understandings, commitments, or representations whatsoever, whether oral or written, related to the subject matter of this Amendment. Both parties agree that this Amendment will constitute an integral, nonseverable part of the Agreement and be governed by its provisions, except that if the Agreement and this Amendment have specific provisions that are inconsistent, the specific provisions contained in this Amendment will govern.

  • The Amendment This Amendment has been duly and validly executed by an authorized executive officer of Borrower and constitutes the legal, valid and binding obligation of Borrower enforceable against Borrower in accordance with its terms.

  • Terms of the Agreement Each Party shall treat the terms of this Agreement as the Confidential Information of other Party, subject to the exceptions set forth in Section 7.2. Notwithstanding the foregoing, each Party acknowledges that the other Party may be obligated to file a copy of this Agreement with the SEC, either as of the Effective Date or at some point during the Term. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of certain commercial terms and sensitive technical terms hereof to the extent such confidential treatment is reasonably available to it. In the event of any such filing, the filing Party shall provide the other Party with a copy of the Agreement marked to show provisions for which the filing Party intends to seek confidential treatment and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements governing redaction of information from material agreements that must be publicly filed. The other Party shall promptly provide any such comments.

  • Modification, Amendment and Waiver The authority of the Trustees hereunder to authorize the Trust to enter into contracts or other agreements or arrangements shall include the authority of the Trustees to modify, amend, waive any provision of supplement, assign all or a portion of, novate, or terminate such contracts, agreements or arrangements. The enumeration of any specific contracts in this Section 5.12 shall in no way be deemed to limit the power and authority of the Trustees as otherwise set forth in this Declaration of Trust to authorize the Fund to engage, contract with or make payments to such Persons as the Trustees may deem desirable for the transaction of the business of the Fund.

  • Amendment of the Agreement The Company and the Participant may amend this Agreement only by a written instrument signed by both parties.

  • Amendments; Waiver This Agreement may be amended by the parties hereto and the terms and conditions hereof may be waived only by an instrument in writing signed on behalf of each of the parties hereto, or, in the case of a waiver, by an instrument signed on behalf of the party waiving compliance.

  • Amendments of the Agreement This Agreement may be amended by a writing signed by both parties hereto, provided that no material amendment to this Agreement shall be effective until approved (i) by the vote of a majority of those Trustees of the Trust who are not interested persons of Xxxxx Xxxxx or the Trust cast in person at a meeting called for the purpose of voting on such approval, and (ii) if required by the Investment Company Act of 1940, by vote of a majority of the outstanding voting securities of the Fund.

  • Amendment and Supplement Any amendment and supplement of this Agreement shall come into force only after a written agreement is signed by both parties. The amendment and supplement duly executed by both parties shall be part of this Agreement and shall have the same legal effect as this Agreement.

  • Waiver; Amendment Except as expressly provided in this Agreement, no amendment or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any provision of this Agreement shall constitute a waiver of any other provision nor shall any waiver of any provision of this Agreement constitute a continuing waiver unless otherwise expressly provided.

  • OTHER TERMS OF THE AGREEMENT Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!