Three Party Agreements/Negative Amendments Sample Clauses

Three Party Agreements/Negative Amendments. For each Network Associated Provider not based in New York state, as of the Implementation Date, Network shall amend their Network Participation Agreements with such Network Associated Provider in the form and substance in Attachment E-1 hereto, which attachment, inter alia, provides that Network Associated Provider shall look solely to Network for any payment in respect of Home Health Services rendered to Network Members, Company shall be the third-party beneficiary of such amendment and that Company may directly enforce against such Network Associated Provider the Network Provider obligations created as a result of such amendment, without Company being subject to any defenses or claims such Network Associated Provider may raise or have against Network ("Network Amendment"). Network represents and warrants that such Network Amendment is deemed approved by and legally enforceable against such Network Provider in accordance with the terms herein and in accordance with its terms, except as such Network Associated Provider provides effective notice to Network within 20 days of receiving such Network Amendment that such Network Associated Provider does not accept such Network Amendment. Such Network Associated Providers who provide such notice rejecting such Network Amendment shall, for the purposes of this Agreement, not be a Network Provider, unless such Network Associated Provider executes a Three Party Agreement (as defined below). Throughout the term of this Agreement, for Network Providers (including all New York state Network Providers as of the Implementation Date) who are added to a Home Health Network after the Implementation Date, such Network Provider, Network and Company shall execute an agreement in the form attached hereto as Attachment E-2 ("Three Party Agreement"). The Parties agree to execute, and to use their commercially reasonable best efforts to cause Network Providers and Company Participating Providers wishing to participate under this Agreement to execute, the Three Party Agreement attached hereto as Attachment E-2 . For the purposes of the immediately preceding sentence, Network shall be obligated, on or prior to the Implementation Date, to cause each Network Affiliated Provider to execute and deliver to Company the Three Party Agreement. Each of such Network Amendment and such Three Party Agreement shall resolve any differences between Company's Participating Provider Agreement and Network's Participating Provider Agreement, and shal...
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Related to Three Party Agreements/Negative Amendments

  • Amendments; Waivers; Modifications, etc This Agreement and the provisions hereof may not be amended, waived, modified, changed, discharged or terminated except as set forth in Section 11.01 of the Credit Agreement.

  • Amendments to the Existing Credit Agreement The Existing Credit Agreement is, effective as of the date of this Amendment and Restatement and subject to the satisfaction of the conditions precedent set forth in Section 2, hereby amended as follows:

  • Amendments; Waivers; Modifications This Security Agreement and the provisions hereof may not be amended, waived, modified, changed, discharged or terminated except as set forth in Section 9.1 of the Credit Agreement.

  • Supplements and Amendments; Whole Agreement This Warrant may be amended or supplemented only by an instrument in writing signed by the parties hereto. This Warrant contains the full understanding of the parties hereto with respect to the subject matter hereof and thereof and there are no representations, warranties, agreements or understandings other than expressly contained herein and therein.

  • Complete Agreement; Amendments This Amendment and the Loan Documents represent the entire agreement about this subject matter and supersede prior negotiations or agreements with respect to such subject matter. All prior agreements, understandings, representations, warranties, and negotiations between the parties about the subject matter of this Amendment and the Loan Documents merge into this Amendment and the Loan Documents.

  • Modifications; Amendments; Waivers The terms and provisions of this Agreement may not be modified or amended, nor may any provision be waived, except pursuant to a writing signed by the Corporation and the holders of at least a majority of the Registrable Shares then outstanding.

  • CONSENTS, AMENDMENTS, WAIVERS, ETC Any consent or approval required or permitted by this Credit Agreement to be given by the Banks may be given, and any term of this Credit Agreement, the other Loan Documents or any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower or any of its Subsidiaries of any terms of this Credit Agreement, the other Loan Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the written consent of the Majority Banks. Notwithstanding the foregoing, a decrease in the rate of interest on the Notes (other than interest accruing pursuant to (S)6.11.2 following the effective date of any waiver by the Majority Banks of the Default or Event of Default relating thereto), the amount of the Commitments of the Banks (other than increases which are contemplated by (S)20.1.2 hereof), and the amount of the Commitment Fee or Letter of Credit Fees hereunder may not be reduced without the written consent of the Borrower and the written consent of each Bank affected thereby; the Revolving Credit Loan Maturity Date and the Term Loan Maturity Date may not be postponed, no date fixed for payment may be postponed and the amount of any scheduled payment may not be reduced without the written consent of each Bank affected thereby; this (S)27 and the definition of Majority Banks may not be amended, without the written consent of all of the Banks; all or substantially all of the Collateral (except if the release or disposition of such Collateral is permitted or provided for in the provisions of (S)10.5.2 hereof) may not be released without the written consent of all of the Banks; and the amount of the Agent's Fee or any Letter of Credit Fees payable for the Agent's account and (S)16 may not be amended without the written consent of the Agent. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Agent or any Bank in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

  • Credit Agreement Amendments The Credit Agreement is hereby amended as follows:

  • Amendments, Modifications, etc This Agreement may not be amended or modified except by an agreement in writing executed by Exchangeco, Patch and the Trustee and approved by the Shareholders in accordance with section 11.2 of the Exchangeable Share Provisions.

  • Modifications, Waivers, Amendments and Consents (a) Subject to this Section 3.21, the Servicer may agree to any modification, waiver, forbearance, or amendment of any term of any Mortgage Loan without the consent of the Trustee or any Certificateholder. All modifications, waivers, forbearances or amendments of any Mortgage Loan shall be in writing and shall be consistent with Customary Servicing Procedures.

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