Amendment to Article 4 Sample Clauses
The "Amendment to Article 4" clause serves to formally modify or update the provisions originally set out in Article 4 of an agreement. This clause typically specifies the exact changes being made, such as altering terms, adding new obligations, or removing outdated requirements, and may outline the effective date of the amendment. By clearly documenting these adjustments, the clause ensures that all parties are aware of and agree to the revised terms, thereby maintaining clarity and preventing disputes over the current obligations under Article 4.
Amendment to Article 4. (a) Section 4.02 of the Indenture is hereby amended by deleting the final sentence of such Section and adding the following new sentence as the final sentence of such Section: “Notwithstanding any other provision in this Section 4.02, the Company shall not be required to file (i) its quarterly report on Form 10-Q for the quarter ended December 31, 2005 (the “Third Quarter 2006 10-Q”) prior to January 16, 2007, (ii) its annual report on Form 10-K for the year ended March 31, 2006 (the “2006 10-K”) prior to January 16, 2007, (iii) its quarterly report on Form 10-Q for the quarter ended June 30, 2006 (the “First Quarter 2007 10-Q”) prior to February 15, 2007, (iv) its quarterly report on Form 10-Q for the quarter ended September 30, 2006 (the “Second Quarter 2007 10-Q”) prior to February 15, 2007 and (v) its quarterly report on Form 10-Q for the quarter ended December 31, 2006 (the “Third Quarter 2007 10-Q”) prior to February 15, 2007; provided that if on (x) January 17, 2007, the Company shall not have filed either the Third Quarter 2006 10-Q or the 2006 10-K, the Company shall be permitted to extend the filing dates thereof to February 15, 2007, upon notice to the Trustee and a cash payment to all Holders of record of the Notes as of January 17, 2007 of an amount equal to $1.25 per $1,000 principal amount of Notes (such payment to be made no later than January 23, 2007); and (y) February 16, 2007, the Company shall not have filed any of the First Quarter 2007 10-Q, the Second Quarter 2007 10-Q or the Third Quarter 2007 10-Q, the Company shall be permitted to extend the filing dates thereof to March 15, 2007, upon notice to the Trustee and a cash payment to all Holders of record of the Notes as of February 16, 2007 of an amount equal to $1.25 per $1,000 principal amount of Notes (such payment to be made no later than February 22, 2007); provided that if the Company is in breach of Section 4.03(e) hereof, this sentence shall be deemed null and void, and the Company shall be deemed to be in default of its obligations under this Section 4.02 with respect to the Third Quarter 2006 10-Q, the 2006 10-K, the First Quarter 2007 10-Q, the Second Quarter 2007 10-Q, and, if filed after February 14, 2007, the Third Quarter 2007 10-Q, in each case, even if such Third Quarter 2006 10-Q, 2006 10-K, First Quarter 2007 10-Q, Second Quarter 2007 10-Q or Third Quarter 2007 10-Q have been filed with the SEC. For the avoidance of doubt, the Company shall not be required to refil...
Amendment to Article 4. Sections 4.2 through 4.9 of the Indenture, inclusive, Sections 4.11 through 4.14 of the Indenture, inclusive, and Sections 4.16 through 4.19 of the Indenture, inclusive, are hereby deleted in their entirety and each Section is replaced with the following: "Reserved."
Amendment to Article 4. (i) Subsection 4(b) of the Stockholders’ Agreement is hereby amended and restated as follows:
(b) In the event that a designee of LAL or RSL ceases to be a member of the Board of Directors by virtue of resignation, removal, death or disability, then the Stockholder who designated such person, so long as he has the right to designate a nominee, shall designate another person to fill that vacancy.”
(ii) Article 4 of the Stockholders’ Agreement is hereby amended by adding the following after clause (d) thereof:
Amendment to Article 4. Article 4 of the Agreement is hereby amended to add a new Section 4.6 that shall provide as follows:
Amendment to Article 4. Article 4 of the Collaboration Agreement shall be deleted in its entirety.
Amendment to Article 4. 02. Article 4.02 of the Agreement is hereby amended to read in its entirety as follows:
Amendment to Article 4. (a) Pursuant to Section 9.2 of the Existing Indenture, upon the effectiveness of the amendments set forth in this Article I, each of Section 4.3 (Reports), Section 4.4 (Compliance Certificate), Section 4.5 (Taxes), Section 4.6 (Stay, Extension and Usury Laws), Section 4.7 (Limitation on Restricted Payments), Section 4.8 (Limitation on Dividend and Other Payment Restrictions Affecting Restricted Subsidiaries), Section 4.9 (Limitation on Incurrence of Additional Indebtedness), Section 4.10 (Limitation on Asset Sales), Section 4.11 (Limitations on Transactions with Affiliates), Section 4.12 (Limitation on Liens), Section 4.14 (Insurance Matters), Section 4.15 (Offer to Repurchase Upon Change of Control), Section 4.16 (Additional Subsidiary Guarantees), Section 4.17 (Conduct of Business), Section 4.18 (Payment for Consent) and Section 4.19 (Limitation on Preferred Stock of Restricted Subsidiaries) of the Existing Indenture shall be deleted in its entirety and replaced with the phrase "[Intentionally Omitted]." All references to such deleted sections shall also be deleted in their entirety.
Amendment to Article 4. Article 4 of the Credit Agreement is ---------------------- --------- hereby amended to add Section
Amendment to Article 4. Sections 4.10, 4.22(f) and 4.29 of the Master Agreement are hereby amended by deleting each reference to the word Seller (as a stand-alone term) and replacing it in each case with the words “Seller’s Parent”.
Amendment to Article 4. 3.3(b)
(a) The parties have agreed to implement the sale and transfer of the Orion Assets by having local sale and transfer agreements executed between the relevant Seller and the relevant Local Buyer Entity instead of having mere transfer instruments executed as contemplated in Article 4.3.3(b) of the Share and Asset Purchase Agreement; accordingly, the parties agree that the reference in that Article to transfer documents, and the corresponding definition, shall be modified and replaced by the terms “sale and transfer agreements” and “Sale and Transfer Agreements”, respectively.
(b) The parties further agree to amend Article 4.3.3(b) of the Share and Asset Purchase Agreement by deleting the second proviso in that Article, including the last sentence of that Article, and in its place and stead substituting the following: “and provided, further, that it shall be understood and agreed that the terms and conditions of the Sale and Transfer Agreements into which the parties hereto, or the Asset Seller Companies and Local Buyer Entities, will enter in order to effect the sale and / or transfer of the Orion Assets on a local level, shall be supplemented by the terms and conditions of this Agreement and, to the extent any conflict or inconsistency between the terms of this Agreement and those of a Sale and Transfer Agreement, including, but not limited to, the respective terms on the applicable law and the competent forum for dispute settlement, shall arise, the terms of this Agreement shall prevail, except as identified in Schedule 4.3.3(b). Nothing in this proviso shall be interpreted as impairing those parts of the Sale and Transfer Agreements that effect the transfer of the relevant Orion Assets and the Transferred Employees in accordance with the requirements of applicable local laws. Subject to the foregoing, it shall be understood and agreed that with respect to Sale and Transfer Agreements that are executed in more than one language, the Sale and Transfer Agreement in the English language shall be valid and binding between the parties and to the extent any conflict or inconsistency exists between the various versions, the English version shall prevail.