Effect of Repeal. In the event that the provisions of [Sections 280G and 4999]9] of the Code are repealed without succession, Section 9(d) shall be of no further force or effect.
Indemnification. In the event of any amendment, alteration or repeal of the indemnification provisions included in the organizational documents of the Bank as in effect on the Effective Date (the “Charter Documents”) that adversely affects any indemnification right of Executive thereunder, then from and after such amendment, alteration or repeal, Executive shall be entitled to indemnity from the Bank on the same terms and conditions as those contained in the Charter Documents as in effect on the Effective Date, as if such amendment, alteration or repeal had not occurred.
Any amendment, modification or repeal of this Section 6.4 or any provision hereof shall be prospective only and shall not in any way affect the limitations on the General Partner’s liability to the Partnership and the Limited Partners under this Section 6.4 as in effect immediately prior to such amendment, modification or repeal with respect to matters occurring, in whole or in part, prior to such amendment, modification or repeal, regardless of when claims relating to such matters may arise or be asserted.
Effect of Amendment. Notwithstanding any other provision contained herein, any amendment, modification or repeal of this Section 7.9 or any provision hereof shall be prospective only and shall not in any way affect the limitations on the Managing Member’s liability to the Company and the Non-Managing Members or any other Person bound by this Agreement under this Section 7.8 as in effect immediately prior to such amendment, modification or repeal with respect to claims arising from or relating to matters occurring, in whole or in part, prior to such amendment, modification or repeal, regardless of when such claims may arise or be asserted.
Any amendment, repeal or modification of the foregoing provisions of this [Article NINTH] shall not adversely affect any right or protection of any director, officer or other agent of the Corporation existing at the time of such amendment, repeal or modification.
any amendment, modification or repeal of any provision of the Certificate of Incorporation, Bylaws or this Certificate of Designations that adversely affects the rights, preferences or voting powers of the Convertible Preferred Stock (other than an amendment, modification or repeal permitted by Section 9(c)(ii));
may expressly state that such agreement shall bind all Partners, except that such settlement agreement shall not bind any Partner # who (within the time prescribed pursuant to the Code and Regulations) files a statement with the IRS providing that the tax matters partner shall not have the authority to enter into a settlement agreement on behalf of such Partner; or # who is a “notice partner” (as defined in Section 6231(a)(8) of the Code (as in effect prior to repeal of such section pursuant to the Bipartisan Budget Act of 2015)) or a member of a “notice group” (within the meaning of Section 6223(b)(2) of the Code (as in effect prior to repeal of such section pursuant to the Bipartisan Budget Act of 2015));
The Board is expressly authorized to adopt, amend or repeal the Bylaws.
Neither the amendment nor repeal of this Section 6.3, nor the adoption or amendment of any other provision of the Agreement inconsistent with this Section 6.3, shall apply to or affect in any respect the applicability with respect to any act or failure to act which occurred prior to such amendment, repeal or adoption.
Effect. Except as expressly amended hereby and which shall take effect only on and after the Amendment, all of the representations, warranties, terms, covenants and conditions of the Loan Documents shall remain unamended and not waived and shall continue to be in full force and effect. This Amendment is a Loan Document.
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