Written Instruments. All modifications, amendments, material waivers and other material actions entered into or taken in respect of the Mortgage Loans pursuant to this Section 3.15 (other than waivers of default interest and late charges, for which the consent of the Master Servicer is required below), and all material consents, shall be in writing. The Primary Servicer shall notify the Master Servicer, each Rating Agency, the Certificate Administrator, the Trustee and the Controlling Class Representative, in writing, of the consummation of any such material modification, waiver, amendment or other action or consent and the date thereof, and shall deliver to the Trustee or the related Custodian for deposit in the related Mortgage File (with a copy to the Special Servicer), an original counterpart of the agreement relating to such modification, waiver, amendment or other action or consent, promptly (and in any event within ten Business Days) following the execution thereof. In addition, following the execution of any modification, waiver or amendment agreed to by the Primary Servicer under Section 3.15(b), the Primary Servicer shall deliver to the Master Servicer an Officer's Certificate certifying that all of the requirements of Section 3.15(b) have been satisfied; provided that, if such modification, waiver or amendment involves an extension of the maturity of any Mortgage Loan, such Officer's Certificate shall be so delivered before the modification, waiver or amendment is agreed to.
Written Instruments. An Employer may become a party to this Trust Agreement only by executing such written instruments as the Trustees may, from time to time, prescribe, and acceptance by the Trustees of such an Employer as a party shall be based on the representations set forth by the Employer in such written instruments. Such acceptance shall be evidenced in writing by the Trustees.
Written Instruments. After obtaining the consent and approval of the Directors, an Employer who is not a named party hereto may adopt and become a party to this trust agreement by executing a counterpart hereof or by executing and delivering to the Directors a sufficient written instrument wherein he agrees to participate in the Plan pursuant to the terms of this Trust Agreement. Such instrument may by reference include the terms of any then existing Collective Bargaining Agreement. The Directors may accept or reject in their sole discretion, the application for inclusion in the Trust as a party, of any Employer or Union or the inclusion of any specific group of employees. /// 69 Section AMENDED 6/12/68 (Amendment XIX) Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXII) Agreement and Declaration of Trust (Inclusive of Amendments I through CXXXII)
Written Instruments. All deeds and mortgages made by the Limited Liability Company and all other written contracts and agreements to which the Limited Liability Company is a party shall be executed in its name by a majority of the Managers, or by a Manager or Officer pursuant to a general or specific grant of authority approved by a majority of the Managers.
Written Instruments. Other Employers, as defined in Article 1, Section 5, may adopt and become a party to this Agreement and Declaration of Trust by executing a Collective Bargaining Agreement or signed stipulation, wherein the Employer agrees to participate in the Pension Trust Fund pursuant to the terms of this Agreement and Declaration of Trust.
Written Instruments. Each Deficiency Loan shall be in the form of a long-term unsecured subordinated loan evidenced by a written instrument or instruments, in each case in form and substance reasonably satisfactory to the Debenture Trustee.
Written Instruments. As far as reasonably practicable, the Trustee shall cause any written instrument creating an obligation of the Trust to include a reference to this Agreement and to provide that neither the Beneficiaries, the Trustee nor their agents shall be liable thereunder, and that the other parties to such instrument shall look solely to the Trust Assets for the payment of any claim thereunder or the performance thereof; provided that the omission of such provision from any such instrument shall not render the Beneficiaries, the Trustee or its agents liable, nor shall the Trustee be liable to anyone for such omission. Any written instrument creating an obligation of the Trust shall be conclusively taken to have been executed or done by a Trustee, employee or agent of the Trust only in its capacity as Trustee under this Agreement, or in its capacity as an employee or agent of the Trust.
Written Instruments. Other Employers, as defined in Par. 3 of Article I, may adopt and become a party to this Agreement and Declaration of Trust by executing a written instru- ment prescribed by the Trustees, wherein the Employer agrees to participate in the National Elevator Industry Educational Program pursuant to the terms of this Trust Agreement, or by executing a collective bargaining agreement with the Union, wherein the Employer agrees to participate in the National Elevator Industry Educational Program, pursuant to the terms of this Trust Agreement.
Written Instruments. The Board of Directors may authorize any officer(s) or agent(s) to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Authority, and such authority may be general or confined to specific instances. The Chairman, and Vice-Chairman in the absence of the Chairman, shall have general authority to execute any contract or execute and deliver any instrument in the name of the Authority, provided such item was properly approved by the Board.
Written Instruments. This Lease may not be changed, modified, or terminated orally, but only by a written instrument of change, modification or termination executed by the party against whom enforcement of any change, modification, or termination is sought.
