Waiver of Limitation. At any time, and in its sole discretion, the -------------------- Company's Compensation Committee of the Board may elect to waive, in whole or in part, the reduction of a Payment to be made pursuant to this Agreement, notwithstanding the determination that such Payment will be nondeductible by the Company for federal income tax purposes because of section 280G of the Code, or that it exceeds the Limitation Amount.
Waiver of Limitation. Notwithstanding anything to the contrary set forth herein, the Company may, in its sole discretion and in good faith, at any time and from time to time, waive any of the conditions or restrictions contained herein to increase the liquidity of the Common Stock or if such waiver would otherwise be in the best interests of the development of the trading market for the Common Stock. Notwithstanding anything to the contrary, the Company may make any such waiver in any manner deemed appropriate by the Company in its sole discretion.
Waiver of Limitation. The parties hereby agree that the conversion limitation set forth in section 3(c)(ii) of the Third Convertible Debentures relating to conversions using the Variable Conversion Price shall no longer apply.
Waiver of Limitation. Nothing in this Agreement shall in any way constitute a waiver or limitation of any rights which Client or Plan or any other party may have under ERISA or federal or state securities laws.
Waiver of Limitation. Nothing in this Article shall be construed to limit the Employer's authority to assign appropriate duties to employees working in their classifications or, on occasion, assign work which is normally assigned employees in lower classifications.
Waiver of Limitation. The parties hereby agree that the conversion limitation set forth in section 3(c)(ii) of each of the Convertible Debentures relating to conversions using the Variable Conversion Price shall not apply for a period of 60 days from the date hereof.
Waiver of Limitation. Notwithstanding anything to the contrary set forth herein, the Company may, commencing 12 months from the date of hereof, in its sole discretion and in good faith, at any time and from time to time, waive any of the conditions or restrictions contained herein to increase the liquidity of the Common Stock or if such waiver would otherwise be in the best interests of the development of the trading market for the Common Stock, provided that all shareholders who have acquired a Company security that is subject to this Agreement are treated equally; and provided further that any other investors who are subject to lock up provisions that are imposed by other agreements shall first be released of their outstanding restrictions for a period of at least 15 trading days prior to any waiver of conditions herein set forth shall be permitted.
Waiver of Limitation. The Secretary of Defense may waive the limitation in subsection (a) for a fiscal year if—
(1) the Secretary determines that the waiver is necessary for reasons of national security; and
(2) the Secretary submits to Congress a noti- fication of the waiver together with the rea- sons for the waiver.
Waiver of Limitation. Nothing in this Agreement shall in any way constitute a waiver or limitation of any rights which EMPLOYER or Plan or any other party may have under federal or state securities laws. This Agreement constitutes both an agreement between the parties and a disclosure statement. The Parties have caused this Agreement to be executed by their duly authorized officers as of the date set forth above. This Agreement shall not be binding on XXXXXXX or the EMPLOYER until each has accepted it, in writing, as indicated by their signatures below. Signature: Signature: Name: Name: Xxxx Xxxxxxx Title: Title: Managing Member Date: Date: *The EMPLOYER is signing this Agreement both as the employer that sponsors the Plan and as the fiduciary responsible for selecting the Plan’s investments and engaging its service providers. EMPLOYER/Plan Sponsor City of Indian Xxxxx Tax ID# XXXX Plan Name 1 City of Indian Xxxxx OPEB Trust Account Type of Plan ☒OPEB Plan ☐Pension Plan ☐Other: Plan Name 2 City of Indian Xxxxx Pension Stabilization Trust Account Type of Plan ☐OPEB Plan ☒Pension Plan ☐Other: Plan Name 3 Type of Plan ☐OPEB Plan ☐Pension Plan ☐Other: Plan Name 4 Type of Plan ☐OPEB Plan ☐Pension Plan ☐Other: Plan Name 5 Type of Plan ☐OPEB Plan ☐Pension Plan ☐Other: Mailing Address 00-000 Xxxxxxxx Xxxxx Xxxx Xxxxxx Xxxxx Xxxxx CA Zip Code 92210 Phone 000-000-0000 Email (for purposes of notice/electronic delivery) xxxxxxxxx@xxxxxxxxxxx.xxx Legal Address (☒Same as Mailing Address) City State Zip Code XXXXXXX will perform the following fiduciary services:
1. Development of an Investment Policy Statement (IPS). The IPS establishes the investment policies and objectives for the Plan(s) as well as the criteria and standards for selecting and monitoring the investments. The EMPLOYER shall have the ultimate responsibility and authority to establish such policies and objectives and to adopt the investment policy statement.
2. Consistent with the Investment Policy Statement, SHUSTER will exercise its discretion to independently select the investments within the Plan(s).
3. SHUSTER will continually monitor and review the investments within the Plan(s) and shall be responsible for exercising its independent discretion in managing the portfolio and making additions and deletions thereto.
4. SHUSTER will provide periodic investment advisory reports that document consistency of fund management and performance to the guidelines set forth in the IPS, and to make recommendations to maintain, or remov...
Waiver of Limitation. The Investor hereby waives the provisions of Section 5(l) of that certain Purchase Agreement dated January 29, 2016, by and among the Company and the Investor (the “2016 Agreement”), to the extent that this Agreement would be deemed to be a “Variable Rate Transaction” prohibited under the 2016 Agreement.
