Modification, Extension Clause Samples

Modification, Extension. The issuance of any supplement, modification, amendment, renewal, or extension to any Letter of Credit shall, for purposes hereof, be treated in all respects the same as the issuance of a new Letter of Credit hereunder.

Modification, Extension. This Agreement may be modified or extended only by a written mutual agreement signed by both parties and approved by the Secretary. The parties may not waive this requirement by oral agreement.

Modification, Extension. The issuance of any renewal or extension to any Letter of Credit or any supplement, modification or amendment in the nature of a renewal or extension thereof, shall, for purposes hereof, be treated in all respects the same as the issuance of a new Letter of Credit hereunder.

Modification, Extension. This Agreement may not be amended if, as so amended, this Agreement would be subject to the provisions of Code Section 409A. Without limiting the generality of the foregoing, the period during which the Option may be exercised may not be extended if it would constitute an “extension” within the meaning of Treasury Regulations Section 1.409A-1(b)(5)(v)(C), and the exercise price of any tranche of the Option may not be changed or otherwise modified unless, as modified, this Agreement complies with or is exempt from Code Section 409A.