Amendment of CPA ss Clause Samples

Amendment of CPA ss. 6.5(b). The first five sentences of ss. 6.5(b) of the CPA are deleted and replaced with the following:
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Amendment of CPA ss. 13.5. Clause (ii) in subsection (c) of ss. 13.5 of the CPA is hereby amended by deleting the period at the end thereof and inserting thereafter the following: ", except for the addition of lime, ammonia and waste water from the combustion process." ss. 8. Amendment of CPA ss. 13.8. ss. 13.8 of the CPA is hereby amended by adding the following sentence at the end thereof: "Seller agrees that it will endeavor but not be obligated to find ways to recycle and/or market Ash Residue as contemplated by this Section." ss. 9. Amendment of CPA ss. 13.17. ss. 13.17 of the CPA is hereby amended by adding as a last sentence thereto the following: Any disposition (other than the grant of a security interest) of the Pelletizing Facility or any substantial part thereof shall be subject to ICL's following right of first refusal. If Seller wishes to make any such disposition, it shall first offer the subject property to ICL in a notice stating the material terms of such offer, and ICL shall have 60 days within which to accept the subject offer, and if ICL exercises such right Seller and ICL shall consummate the transaction within 120 days of the initial notice to ICL of the offer's material terms. If ICL does not exercise such right within such 60-day period, then Seller shall have the unrestricted right to offer or dispose of the subject property to any third party during such 120-day period; provided that such other offer or disposition is not on terms more favorable to such third party than those offered to ICL. Seller shall use its best efforts (to the extent within its control) to assure that any lien imposed upon the Pelletizing Facility or any part thereof, and any disposition resulting from the exercise of remedies with regard to such liens, shall be subject to ICL's right of first refusal described in this Section 13.17.
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Amendment of CPA ss. 21.5. ss. 21.5 of the CPA is amended by deleting "Delaware" and inserting in place thereof "Kentucky".
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Amendment of CPA ss. (a) The final sentence of ss. 3.2 of the CPA is hereby amended by deleting the words "provided, however" and replacing those words with the words "it being expressly understood that"; and by adding the following words: "and the purchaser" between the words "party" and "is." (b) Replacement Exhibit 3.2. The original Exhibit 3.2 is replaced with Exhibit 3.2 attached to this Amendment.
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Amendment of CPA ss. The phrase "OS" at the end of the definitions of "CF" in the formula set forth in ss. 8.3 of the CPA is replaced with the phrase "GS."
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Amendment of CPA ss. 10.4. (a) Clause (ii) in subsection (c) of ss. 10.4 of the CPA is hereby amended by deleting the period at the end thereof and inserting thereafter the following: ", except for the addition of lime, ammonia and waste water from the combustion process."
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Amendment of CPA ss. 10.7. Section 10.7 of the CPA is hereby amended by adding the following sentence at the end thereof: "Seller agrees that it will endeavor but not be obligated to find ways to recycle and/or market Ash Residue as contemplated by this Section."
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Amendment of CPA ss. 2.4. ss. 2.4 of the CPA is hereby amended by deleting ss. 2.4(d) in its entirety and renumbering ss. 2.4(e) as ss. 2.4(d).
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Related to Amendment of CPA ss

  • Amendment of PHI Business Associate shall make any amendments to PHI in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CFR § 164.526, whether at the request of Covered Entity or an Individual. Business Associate shall make such amendments in the time and manner reasonably designated by Covered Entity. Within three (3) business days, Business Associate shall forward to Covered Entity for handling any request for amendment to PHI that Business Associate directly receives from an Individual.

  • Amendment, Etc Upon request of the Pass Through Trustee and approval by an Action of Investors, the Escrow Agent and Paying Agent shall enter into an amendment to this Agreement, so long as such amendment does not adversely affect the rights or obligations of the Escrow Agent or the Paying Agent, provided that upon request of the Pass Through Trustee and without any consent of the Investors, the Escrow Agent and Paying Agent shall enter into an amendment to this Agreement for any of the following purposes: (1) to correct or supplement any provision in this Agreement which may be defective or inconsistent with any other provision herein or to cure any ambiguity or correct any mistake or to modify any other provision with respect to matters or questions arising under this Agreement, provided that any such action shall not materially adversely affect the interests of the Investors; or (2) to comply with any requirement of the SEC, applicable law, rules or regulations of any exchange or quotation system on which the Certificates are listed or any regulatory body; or (3) to evidence and provide for the acceptance of appointment under this Agreement of a successor Escrow Agent, successor Paying Agent or successor Pass Through Trustee.

  • Amendment of Contract This agreement contains the whole of the agreement between the Company and the Consultant and there are no other warranties, representations, conditions or collateral agreements except as set forth in this agreement. Any modification to this agreement must be in writing and signed by the parties hereto or it shall have no effect and shall be void.

  • Amendment of Agreement This Agreement may be amended only by written agreement of the Adviser and the Sub-Adviser and only in accordance with the provisions of the 1940 Act and the rules and regulations promulgated thereunder.

  • Amendment and Restatement of the Existing Credit Agreement The parties to this Agreement agree that, upon (i) the execution and delivery by each of the parties hereto of this Agreement and (ii) satisfaction of the conditions set forth in Section 3.01, the terms and provisions of the Existing Credit Agreement shall be and hereby are amended, superseded and restated in their entirety by the terms and provisions of this Agreement. This Agreement is not intended to and shall not constitute a novation. All loans made and obligations incurred under the Existing Credit Agreement which are outstanding on the Effective Date shall continue as Obligations under (and shall be governed by the terms of) this Agreement and the other Loan Documents. Without limiting the foregoing, upon the effectiveness hereof: (a) all references in the “Loan Documents” (as defined in the Existing Credit Agreement) to the “Agent”, the “Credit Agreement” and the “Loan Documents” shall be deemed to refer to the Agent, this Agreement and the Loan Documents, (b) all obligations constituting “Obligations” with any Lender or any Affiliate of any Lender which are outstanding on the Effective Date shall continue as Obligations under this Agreement and the other Loan Documents, (c) the Agent shall make such reallocations, sales, assignments or other relevant actions in respect of each Lender’s credit and loan exposure under the Existing Credit Agreement as are necessary in order that each such Lender’s outstanding Revolving Credit Advances hereunder reflect such Lender’s Pro Rata Share of the outstanding aggregate Revolving Credit Advances on the Effective Date, (d) the Existing Revolving Credit Advances (as defined in Section 2.01) of each Departing Lender shall be repaid in full (accompanied by any accrued and unpaid interest and fees thereon), each Departing Lender’s “Commitment” under the Existing Credit Agreement shall be terminated and each Departing Lender shall not be a Lender hereunder, and (e) the Borrower hereby agrees to compensate each Lender (including each Departing Lender) for any and all losses, costs and expenses incurred by such Lender in connection with the sale and assignment of any Eurodollar Rate Advances (including the “Eurodollar Rate Advances” under the Existing Credit Agreement) and such reallocation described above, in each case on the terms and in the manner set forth in Section 8.04(c) hereof.