AMENDMENT AND TERM AND TERMINATION OF THE FUND Sample Clauses

AMENDMENT AND TERM AND TERMINATION OF THE FUND. 13.1 Amendment‌ The Contributor and the Trustee may at any time, and from time to time, by an agreement in writing, amend or modify in whole or in part, any or all of the provisions of this Agreement, provided that: (a) no provision of this Agreement shall be deemed waived, amended or modified by any party unless such waiver, amendment or modification is in writing and signed by such party and accepted in writing by the other party; (b) no amendment or modification shall be effective to the extent that it is inconsistent with the Trust’s purposes as set out in this Agreement; (c) the Trustee shall not withhold its consent to any such waiver, amendment or modification requested by the Contributor in writing unless the Trustee reasonably concludes that it will be adversely affected thereby; and (d) no waiver, amendment or modification will be effective without approval by an NEB Decision. 13.2 Termination of the Trust‌ (a) Except where section 13.2(b) applies: (i) The Trust shall terminate and be wound up upon the earlier of the following (the period from the date hereof until such termination being the “Trust Term”): (A) the day prior to the expiration of twenty one (21) years after the date of death of the last surviving lineal descendent of Queen ▇▇▇▇▇▇▇▇▇ ▇▇ who was alive on the date the Trust is created (the “Permitted Term”); and (B) the date on which the Tribunal confirms in writing that all Abandonment Work as required under Applicable Law has been completed. (ii) Not more than five years and not less than one year prior to the expiration of the Permitted Term, the Trustee shall (unless the Trust has already terminated under subsection (a)(i)(B)) pay the entirety of the Fund to the Beneficiary, provided that the following conditions are satisfied: (A) the Trustee has requested and received a certificate of an officer of the Beneficiary that is an Authorized Party stating that: (1) to the best of the officer’s knowledge, the Beneficiary is not in Default and no events or circumstances have occurred which would reasonably be expected to result in a Default within one year after the date the certificate is issued; and (2) the Beneficiary has established, with the approval of the Tribunal, a new irrevocable trust upon the same terms and subject to the same conditions as set out in this Agreement (the “New Trust”); and (B) the Beneficiary has irrevocably covenanted that upon receipt of the Fund, the Beneficiary shall: (1) keep all of the Fund Property separ...
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AMENDMENT AND TERM AND TERMINATION OF THE FUND. 13.1 Amendment The Company and the Trustee may at any time, and from time to time, by an agreement in writing, amend or modify in whole or in part, any or all of the provisions of this Agreement, provided that: (a) no provision of this Agreement shall be deemed waived, amended or modified by any party unless such waiver, amendment or modification is in writing and signed by such party and accepted in writing by the other party; (b) no amendment or modification shall be effective to the extent that it is inconsistent with the Trust's purposes as set out in this Agreement; (c) the Trustee shall not withhold its consent to any such waiver, amendment or modification requested by the Company in writing unless the Trustee reasonably concludes that it will be adversely affected thereby; and (d) no waiver, amendment or modification will be effective without approval by an CER Decision.
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AMENDMENT AND TERM AND TERMINATION OF THE FUND. 22 ARTICLE 14 DEFAULT 26
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AMENDMENT AND TERM AND TERMINATION OF THE FUND 
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Related to AMENDMENT AND TERM AND TERMINATION OF THE FUND

  • Amendment and Termination of the Plan The Board may, by resolution, at any time, amend or terminate the Plan. The power to amend or terminate the Plan shall include the power to direct the Trustee to return to the Parent all or any part of the assets of the Trust, including shares of Common Stock held in the Plan Share Reserve, as well as shares of Common Stock and other assets subject to Plan Share Awards which have not yet been earned by the Participants to whom they have been awarded. However, the termination of the Trust shall not affect a Participant's right to earn Plan Share Awards and to the distribution of Common Stock relating thereto, including earnings thereon, in accordance with the terms of this Plan and the grant by the Committee or the Board. Notwithstanding the foregoing, no action of the Board may increase (other than as provided in Section 9.01 hereof) the maximum number of Plan Shares permitted to be awarded under the Plan as specified at Section 5.03, materially increase the benefits accruing to Participants under the Plan or materially modify the requirements for eligibility for participation in the Plan unless such action of the Board shall be subject to ratification by the stockholders of the Parent.

  • Amendment and Termination No amendment, modification, termination or cancellation of this Agreement shall be effective unless it is in writing signed by both the parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver.

  • Term and Termination of the Agreement 9.1. The Agreement shall enter into force upon its signing by the Parties and shall remain in full force and effect until the Parties have fully and properly fulfilled their obligations (including, unequivocally in the case the term of any other agreement associated with the Agreement exceeds the term of the Agreement). 9.2. In the cases and under the conditions stipulated by the Agreement and/or Legislation, it is possible to terminate the Agreement before expiration of its term in whole or in part:

  • Amendment and Termination of Agreement (a) We may amend any provision of this Agreement by giving you written notice of the amendment. Either party to this Agreement may terminate the Agreement without cause by giving the other party at least thirty (30) days' written notice of its intention to terminate. This Agreement will terminate automatically in the event of its assignment (as defined in the 1940 Act). (b) In the event that (i) an application for a protective decree under the provisions of the Securities Investor Protection Act of 1970 is filed against you; (ii) you file a petition in bankruptcy or a petition seeking similar relief under any bankruptcy, insolvency, or similar law, or a proceeding is commenced against you seeking such relief; or (iii) you are found by the SEC, the NASD, or any other federal or state regulatory agency or authority to have violated any applicable federal or state law, rule or regulation arising out of your activities as a broker/dealer or in connection with this Agreement, this Agreement will terminate effective immediately upon our giving notice of termination to you. You agree to notify us promptly and to immediately suspend sales of Portfolio shares in the event of any such filing or violation, or in the event that you cease to be a member in good standing of the NASD. (c) Your or our failure to terminate this Agreement for a particular cause will not constitute a waiver of the right to terminate this Agreement at a later date for the same or another cause. The termination of this Agreement with respect to any one Portfolio will not cause its termination with respect to any other Portfolio. 11.

  • Term and Termination of Agreement This Agreement shall terminate upon the earlier of termination of the Advisory Agreement or on expiration of the Expense Limit Period. The obligation of the Adviser under Section 1 of this Agreement and of the Trust under Section 2 of this Agreement shall survive the termination of the Agreement solely as to expenses and obligations incurred prior to the date of such termination.