Rank; Amendments. Each Incremental Term Facility # shall rank pari passu in right of payment with the Revolving Credit Facility, # shall not mature earlier than the maturity date of the Revolving Credit Facility and # shall not contain additional or different covenants or financial covenants which are more restrictive in any material respect than the covenants applicable to the Revolving Credit Facility unless either such covenants benefit all of the Lenders or are otherwise consented to in writing by the Administrative Agent. Each Incremental Term Facility or Incremental Revolving Commitments shall be evidenced by an amendment (an “Incremental Facility Amendment”) to this Agreement executed by the Loan Parties, each existing Lender agreeing to provide any portion of such Incremental Term Facility or Incremental Revolving Commitments, each Additional Lender, if any, and the Administrative Agent. An Incremental Facility Amendment may, without the consent of any other Lenders, effect such amendments to the Loan Documents as are determined by the Administrative Agent to be reasonably necessary to include such borrowing and payment terms as are customary for a term loan facility of this type and otherwise to effect the provisions of this [clause (vi)]. Without limitation of the below cost and yield protection provisions, in the event any Incremental Revolving Commitments result in breakage or redeployment costs to the Lenders, the shall pay such costs in accordance with [Section 3.05]. For the purpose of clarity, the shall prepay any Revolving Credit Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to [Section 3.05]) to the extent necessary to keep the outstanding Revolving Credit Loans ratable with any revised Pro Rata Shares arising from any non-ratable increase in the Revolving Credit Commitments which may result from any such Incremental Revolving Commitments. No Incremental Revolving Commitments shall increase the sublimit for Letters of Credit without the consent of the L/C Issuers.
Rank. This Note shall rank pari passu to all other present and future unsubordinated and unsecured indebtedness of .
Designation; Rank. This series of Preferred Stock shall be designated and known as “Series A Preferred Stock.” The number of shares constituting the Series A Preferred Stock shall be four million five hundred thousand (4,500,000) shares. Except as otherwise provided herein, the Series A Preferred Stock shall, with respect to rights on liquidation, winding up and dissolution, rank pari passu to the common stock, par value per share (the “Common Stock”) and any other classes of capital stock of .
Amendments. The Credit Agreement is hereby amended to # delete the red or green stricken text (indicated textually in the same manner as the following examples: stricken text and stricken text); and # add the blue or green double-underlined text (indicated textually in the same manner as the following examples: double-underlined text and double-underlined text), in each case, as set forth in the marked copy of the Credit Agreement attached as [Annex A] hereto and made a part hereof for all purposes.
Amendments. The Company reserves the right to make, from time to time, any amendments to the Plan that do not cause any part of the Accounts to be used for or diverted to any purpose other than the exclusive benefit of Participants or their beneficiaries and that do not operate retroactively so as to adversely affect the rights of any Participant or beneficiary prior to such action. The Company has delegated to the Committee the authority to cause to be prepared, to approve, and to execute any amendments, including for the purpose of merging, consolidating, freezing, or completing the termination of the Plan or Trust; provided, however, approval of the board of directors of the Company is necessary for any amendment that would result in:
Amendments. Anything to the contrary in the Plan notwithstanding:
Amendments. This Agreement and each other Program Document may be amended from time to time, in writing and duly executed by the parties hereto.
Amendments. The Committee may at any time alter or amend this option to the extent # permitted by law, # permitted by the rules of any stock exchange on which the Common Stock or any other security of the Corporation is listed, and # permitted under applicable provisions of the U.S. Securities Act of 1933, as amended, the U.S. Securities Exchange Act of 1934, as amended (including rule 16b-3 thereof).
Amendments. This Services Agreement may not be modified or amended except by an agreement in writing signed by each of the Parties.
Amendments. This Note and any provision hereof may only be amended by an instrument in writing signed by the Borrower and the Holder. The term “Note” and all reference thereto, as used throughout this instrument, shall mean this instrument (and the other Notes issued pursuant to the Purchase Agreement) as originally executed, or if later amended or supplemented, then as so amended or supplemented.
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