Example ContractsClausesIn [Section 6
In [Section 6
In [Section 6 contract clause examples
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Notwithstanding anything contained in this Plan to the contrary, if a Non-Employee Director is deemed by the Company at the time of the Non-Employee Director’s “separation from service” to be a “specified employee,” each within the meaning of section 409A of the Code, any compensation or benefits subject to section 409A of the Code to which the Non-Employee Director becomes entitled under this Plan (or any agreement or plan referenced in this Plan) in connection with such separation shall not be made or commence until the first day of the month immediately following the date that is six (6) months after the Non-Employee Director’s “separation from service” (or the Non-Employee Director’s death, if earlier). Such deferral shall only be effected to the extent required to avoid adverse tax treatment to the Non-Employee Director, including (without limitation) the additional twenty percent (20%) tax for which the Non-Employee Director would otherwise be liable under [section 409A(a)(1)(B)] of the Code in the absence of such deferral. Upon the expiration of the applicable deferral period, any compensation or benefits which would have otherwise been paid during that period (whether in a single sum or in installments) in the absence of this Section 17 shall be paid to the Non-Employee Director or his or her beneficiary in one lump sum.

Addition of [Section 6.1(h)]. [Section 6.1] of the SPA is amended by the addition of the [following clause (h)].

Pursuant to [Section 6.11] of the Amended and Restated Credit Agreement, CoBank’s Pro Rata Share of the Loans and other Secured Obligations due to CoBank shall be secured by a statutory first lien on the CoBank Equities, but such CoBank Equities shall not constitute security for the Secured Obligations due to any Secured Party other than CoBank.

Amendment to [Section 6.1.1]. [Section 6.1.1] of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following:

Amendment to [Section 6.2]. The following sentence shall be added at the end of [Section 6.2] of the Agreement:

"6.2.14 Own FAL. The Borrower shall not permit the Own FAL of the Corporate Member to be less than # on the Amendment No. 1 Effective Date, 30% of Total FAL, # on the Amendment No. 2 Effective Date, 50% of Total FAL, and # thereafter, the applicable requirements of Lloyd's from time to time."

for purposes of [clause (b) above], the surrender, extinguishment, maturity or other expiration of any such Equity-Linked Securities will be deemed not to constitute consideration payable to purchase or otherwise acquire shares of Common Stock or Partnership Units (as applicable) pursuant to such Equity-Linked Securities; and

[Schedule 6.4] to the Agreement shall be amended as follows:

Clause 6.5 of the Agreement shall be deleted in its entirety and replaced with the following:

[Schedule 6.18] attached hereto replaces [Schedule 6.18] attached to the Credit Agreement and is a true, complete and correct listing of the CPCA and all amounts contained therein. as of the date hereof.

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