Example ContractsClausesEffective as of the Amendment No
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Amendment Effective Date. The Amendment Effective Date is the date specified in the Adoption Agreement as of which the Plan is amended and restated. Except as otherwise provided in the Adoption Agreement, all amounts deferred under the Plan prior to the Amendment Effective Date shall be governed by the terms of the Plan as in effect on the day before the Amendment Effective Date.

Effective as of the Amendment No. 2 Effective Date (as defined below) (but immediately prior to giving effect to [Sections 3, 4 and 5]5]5] of this Amendment), the Exiting Lenders’ respective Commitments, Loans, LC Exposures and Swingline Exposures shall be assigned and reallocated to the Increasing Lenders, such that after giving effect to such assignments and reallocations (theReallocations”), # the Commitments of the Lenders shall be as set forth on [Annex II] attached hereto and # the principal amount of the Loans owing to each Lender shall be equal to such Lender’s Applicable Percentage (determined by reference to such Lender’s Commitment as set forth on [Annex II] attached hereto) of the aggregate principal amount of all Loans outstanding at such time. With respect to the Reallocations, each Increasing Lender shall be deemed to have acquired the Commitment assigned and reallocated to it from each of the Exiting Lenders pursuant to the terms of the Assignment and Assumption attached as [Exhibit A] to the Credit Agreement as if each such Increasing Lender had executed an Assignment and Assumption with respect to such Reallocations. Each of the Borrower, each Issuing Bank, the Swingline Lender and the Administrative Agent hereby consents to the Reallocations.

Effective as of the Amendment No. 2 Effective Date (but immediately prior to giving effect to [Sections 3, 4 and 5]5]5] of this Amendment), [Schedule 2.01] to the Credit Agreement is amended and restated in its entirety to read as set forth on [Annex II] attached hereto. Each Lender hereby consents and agrees to the Commitments set forth on [Annex II] attached hereto.

Effective as of the Amendment No. 2 Effective Date (but immediately prior to giving effect to [Sections 3, 4 and 5]5]5] of this Amendment), # each Increasing Lender shall advance new Loans which shall be funded to the Administrative Agent and used to repay Loans outstanding to each Exiting Lender, # each Increasing Lender’s participation in each Letter of Credit, if any, and each Swingline Loan, if any, shall be automatically adjusted to equal its Applicable Percentage (after giving effect to the Reallocations), # such other adjustments shall be made as the Administrative Agent shall specify so that the Credit Exposure applicable to each Increasing Lender equals its Applicable Percentage (after giving effect to the Reallocations) and # the Borrower shall be required to make any break-funding payments required under [Section 2.14] of the Credit Agreement resulting from the prepayment of Loans and the other adjustments described in this [Section 2(c)].

Amendment No. 1” shall mean Amendment No. 1 to Amended and Restated Loan and Security Agreement, dated , by and among Borrowers, Guarantors, Administrative Agent and Lenders, as amended, modified, supplemented, extended, renewed, restated or replaced.

Amendment No. 2 to ’s K Software Enterprise License Agreement and Amendment No. 3 to ’s Kdb Software OEM Enterprise License Agreement, effective Amendment No. 3”).

EFFECTIVE DATE, TERMINATION AND AMENDMENT. The Plan is subject to the approval of the Corporation’s shareholders within twelve (12) months following adoption of the Plan by the Board of Directors of the Corporation; and, if such approval is not received by such date, this Plan shall terminate, and no employee shall have any rights hereunder except to receive in cash the balance of his payroll deduction account including interest. The Plan may be amended from time to time or terminated by the Committee and/or the Board of Directors, provided that no such amendment or termination may adversely affect the rights of any participant under any outstanding purchase offering under this Plan, nor cause any purchase rights to fail to qualify under Section 423 of the Internal Revenue Code of 1986, as amended, and provided further that no such amendment may, without approval of the shareholders of the Corporation, # increase the maximum number of shares to be offered under the Plan (except as provided in Paragraph 9 hereof), # reduce the purchase price specified in [subparagraph 6(f)] (except as provided in Paragraph 9 hereof), # extend the term of offering periods under the Plan, or # change the person or categories of persons eligible to participate in the Plan specified in Paragraph 5 hereof.

This Amendment No. 6 and each other agreement or instrument to be executed and delivered by the Borrowers and Guarantors pursuant hereto (collectively, together with this Amendment No. 6, theAmendment Documents”) have been duly authorized, executed and delivered by all necessary action on the part of each of the Borrowers and Guarantors which is a party hereto and thereto and, if necessary, their respective stockholders, members and managers and is in full force and effect as of the date hereof, as the case may be, and the agreements and obligations of each of the Borrowers and Guarantors, as the case may be, contained herein and therein, constitute the legal, valid and binding obligations of each of the Borrowers and Guarantors, respectively, enforceable against them in accordance with their terms, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights and except to

No Other Amendment. The terms of this Amendment No. 1 shall supersede and prevail over any conflicting provisions of the SPA. Except as amended hereby, and subject to the preceding sentence, all of the remaining terms of the SPA shall remain unchanged and in full force and effect.

This Amendment No. 4 may be executed in several counterparts and all so executed counterparts shall constitute one agreement, binding on both Parties hereto, notwithstanding that both Parties may not be signatories to the original or the same counterpart. For all purposes, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document.

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