Amendment to the Agreement Clause Example with 13 Variations from Business Contracts
This page contains Amendment to the Agreement clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Amendment to the Agreement. The Parties hereby agree and acknowledge, from and after the Effective Date, that: a.The definitions of the terms "Agent" and "Agents" are hereby amended and restated in their entirety to read as follows: "Capital One Securities, Inc., Mizuho Securities USA LLC, B. Riley Securities, Inc., KeyBanc Capital Markets Inc., BMO Capital Markets Corp., BBVA Securities Inc., SMBC Nikko Securities America, Inc., Stifel, Nicolaus & Company, Incorporated, Ladenburg Thalmann & Co. Inc. and Barclays Capital I...nc. (each an "Agent" and collectively, the "Agents")." b.The definition of the term "Shares" is hereby amended and restated to read as follows: "shares of the Company's common stock, par value $0.01 per share (the "Common Stock"), having an aggregate gross sales price of up to $609,852,965 (the "Shares")." c.Clause (i) of Section 9(c) of the Agreement is hereby amended and restated to read as follows: "(i) the date that Shares having an aggregate gross sales price of $609,852,965 have been sold pursuant to this Agreement." d.Section 10 of the Agreement is hereby amended to include the following subsection (l): "and (l) Barclays Capital Inc., 745 Seventh Avenue, New York, New York 10019, Attention: Syndicate Registration (Fax: (646) 834-8133), with a copy, in the case of any notice pursuant to Section 7(c), to the Director of Litigation, Office of the General Counsel, Barclays Capital Inc., 745 Seventh Avenue, New York, New York 10019." SECTION 2. No Other Amendments; References to Agreements. Except as set forth in this Amendment, all other terms and provisions of the Agreement shall continue in full force and effect. All references to the Agreement in the Agreement or in any other document executed or delivered in connection therewith shall, from the date hereof, be deemed a reference to the Agreement as amended by this Amendment. SECTION 3. Counterparts. This Amendment may be signed by the Parties in one or more counterparts which together shall constitute one and the same agreement among the Parties. SECTION 4. Law; Construction. This Amendment and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Amendment ("Claim"), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York. SECTION 5. Submission to Jurisdiction. Except as set forth below, no Claim may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company and the Operating Partnership consent to the jurisdiction of such courts and personal service with respect thereto. The Company and the Operating Partnership hereby consent to personal jurisdiction, service and venue in any court in which any Claim arising out of or in any way relating to this Amendment is brought by any third party against any Agent or any indemnified party. Each of the Agents and the Company and the Operating Partnership (on their behalf and, to the extent permitted by applicable law, on behalf of their stockholders and affiliates) waive all right to trial by jury in any action, proceeding or counterclaim (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Amendment. The Company and the Operating Partnership agree that a final judgment in any such action, proceeding or counterclaim brought in any such court shall be conclusive and binding upon the Company and the Operating Partnership and may be enforced in any other courts to the jurisdiction of which the Company and the Operating Partnership are or may be subject, by suit upon such judgment. SECTION 6. Headings. The Section headings in this Amendment have been inserted as a matter of convenience of reference and are not a part of this Amendment. SECTION 7. Successors and Assigns. This Amendment shall be binding upon each Party hereto and their successors and assigns and any successor or assign of any substantial portion of the Party's respective businesses and/or assets.View More
Variations of a "Amendment to the Agreement" Clause from Business Contracts
Amendment to the Agreement. The Parties hereby agree and acknowledge, agree, from and after the Effective Date, that: a.The definitions of the terms "Agent" and "Agents" are hereby amended and restated in their entirety to read as follows: "Capital "UBS Securities LLC, Robert W. Baird & Co. Incorporated, Capital One Securities, Inc., Mizuho Securities USA LLC, B. Riley Securities, FBR, Inc., KeyBanc Capital Markets Inc., BMO Capital Markets Corp., BBVA Securities Inc., SMBC Nikko Securities America, Inc., Stifel, Nicolaus ...& Company, Incorporated, Incorporated and Ladenburg Thalmann & Co. Inc. and Barclays Capital Inc. (each an "Agent" and collectively, the "Agents")." b.The definition of the term "Shares" is hereby amended and restated to read as follows: "shares of the Company's common stock, par value $0.01 per share (the "Common Stock"), having an aggregate gross sales price of up to $609,852,965 (the "Shares")." c.Clause (i) of Section 9(c) of the Agreement is hereby amended and restated to read as follows: "(i) the date that Shares having an aggregate gross sales price of $609,852,965 have been sold pursuant to this Agreement." d.Section "Agents")," b.Section 10 of the Agreement is hereby amended to include the following subsection (l): "and (l) Barclays Capital Inc., 745 Seventh (k): "(k) Ladenburg Thalmann & Co. Inc, 277 Park Avenue, 26th Floor, New York, New York 10019, NY 10172, Attention: Syndicate Registration (Fax: (646) 834-8133), with a copy, in Steve Kaplan, Fax No. (212) 409-2169" SECTION 2. Obligations Binding upon Ladenburg Thalmann & Co. Inc. Ladenburg Thalmann & Co. Inc. hereby agrees to be bound by the case terms of any notice pursuant the Agreement. Ladenburg Thalmann & Co. Inc. shall be considered to Section 7(c), be an Agent under the Agreement to the Director of Litigation, Office same extent as if it were a party to the Agreement on the date of the General Counsel, Barclays Capital Inc., 745 Seventh Avenue, New York, New York 10019." execution thereof. SECTION 2. 3. No Other Amendments; References to Agreements. Except as set forth in this Amendment, all other terms and provisions of the Agreement shall continue in full force and effect. All references to the Agreement in the Agreement or in any other document executed or delivered in connection therewith shall, from the date hereof, be deemed a reference to the Agreement as amended by this Amendment. SECTION 3. 4. Counterparts. This Amendment may be signed by the Parties parties in one or more counterparts which together shall constitute one and the same agreement among the Parties. parties. SECTION 4. 5. Law; Construction. This Amendment and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Amendment ("Claim"), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York. SECTION 5. 6. Submission to Jurisdiction. Except as set forth below, no Claim may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company and the Operating Partnership consent to the jurisdiction of such courts and personal service with respect thereto. The Company and the Operating Partnership hereby consent to personal jurisdiction, service and venue in any court in which any Claim arising out of or in any way relating to this Amendment Agreement is brought by any third party against any Agent or any indemnified party. Each of the Agents and the Company and the Operating Partnership (on their behalf and, to the extent permitted by applicable law, on behalf of their stockholders and affiliates) waive all right to trial by jury in any action, proceeding or counterclaim (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Amendment. The Company and the Operating Partnership agree that a final judgment in any such action, proceeding or counterclaim brought in any such court shall be conclusive and binding upon the Company and the Operating Partnership and may be enforced in any other courts to the jurisdiction of which the Company and the Operating Partnership are or may be subject, by suit upon such judgment. SECTION 6. 7. Headings. The Section headings in this Amendment have been inserted as a matter of convenience of reference and are not a part of this Amendment. SECTION 7. Successors and Assigns. This Amendment shall be binding upon each Party hereto and their successors and assigns and any successor or assign of any substantial portion of the Party's respective businesses and/or assets.View More
Amendment to the Agreement. The Parties hereby agree and acknowledge, from and after the Effective Date, that: a.The definitions of the terms "Agent" and "Agents" are hereby amended and restated in their entirety to read as follows: "Capital One Securities, Inc., Mizuho Securities USA LLC, B. Riley Securities, Inc., KeyBanc Capital Markets Inc., BMO Capital Markets Corp., BBVA Securities Inc., Jefferies LLC, SMBC Nikko Securities America, Inc., Stifel, Nicolaus & Company, Incorporated, JMP Securities LLC, Ladenburg Thalman...n & Co. Inc. and Barclays Capital Inc. (each an "Agent" and collectively, the "Agents")." b.The definition of the term "Shares" is hereby amended and restated to read as follows: "shares of the Company's common stock, par value $0.01 per share (the "Common Stock"), having an aggregate gross sales price of up to $609,852,965 (the "Shares")." c.Clause (i) of Section 9(c) of the Agreement is hereby amended and restated to read as follows: "(i) the date that Shares having an aggregate gross sales price of $609,852,965 have been sold pursuant to this Agreement." d.Section b.Section 10 of the Agreement is hereby amended to include delete the following subsection (l): "and (l) Barclays Capital Inc., 745 Seventh Avenue, New York, New York 10019, "(j) Stifel, Nicolaus & Company, Incorporated, One South Street, 15th Floor, Baltimore, Maryland 21202, Attention: Syndicate Registration (Fax: (646) 834-8133), Department, Fax No. (443) 224-1273;" and replace it with a copy, in the case of any notice pursuant to Section 7(c), to the Director of Litigation, Office of the General Counsel, Barclays Capital Inc., 745 Seventh Avenue, New York, New York 10019." "(j) JMP Securities LLC, 600 Montgomery Street, Suite 1100, San Francisco, California 94111, Facsimile: (415) 835-8920, Attention: Equity Syndicate" SECTION 2. No Other Amendments; References to Agreements. Except as set forth in this Amendment, all other terms and provisions of the Agreement shall continue in full force and effect. All references to the Agreement in the Agreement or in any other document executed or delivered in connection therewith shall, from the date hereof, be deemed a reference to the Agreement as amended by this Amendment. SECTION 3. Counterparts. This Amendment may be signed by the Parties in one or more counterparts which together shall constitute one and the same agreement among the Parties. SECTION 4. Law; Construction. This Amendment and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Amendment ("Claim"), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York. SECTION 5. Submission to Jurisdiction. Except as set forth below, no Claim may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company and the Operating Partnership consent to the jurisdiction of such courts and personal service with respect thereto. The Company and the Operating Partnership hereby consent to personal jurisdiction, service and venue in any court in which any Claim arising out of or in any way relating to this Amendment is brought by any third party against any Agent or any indemnified party. Each of the Agents and the Company and the Operating Partnership (on their behalf and, to the extent permitted by applicable law, on behalf of their stockholders and affiliates) waive all right to trial by jury in any action, proceeding or counterclaim (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Amendment. The Company and the Operating Partnership agree that a final judgment in any such action, proceeding or counterclaim brought in any such court shall be conclusive and binding upon the Company and the Operating Partnership and may be enforced in any other courts to the jurisdiction of which the Company and the Operating Partnership are or may be subject, by suit upon such judgment. SECTION 6. Headings. The Section headings in this Amendment have been inserted as a matter of convenience of reference and are not a part of this Amendment. SECTION 7. Successors and Assigns. This Amendment shall be binding upon each Party hereto and their successors and assigns and any successor or assign of any substantial portion of the Party's respective businesses and/or assets. View More
Amendment to the Agreement. The Parties hereby agree and acknowledge, from and after the Effective Date, that: a.The definitions of the terms "Agent" and "Agents" are hereby amended and restated in their entirety to read as follows: "Capital One Securities, Inc., Mizuho Securities USA LLC, B. Riley Securities, Inc., KeyBanc Capital Markets Inc., BMO Capital Markets Corp., BBVA Securities Inc., Jefferies LLC, SMBC Nikko Securities America, Inc., Stifel, Nicolaus & Company, Incorporated, Ladenburg Thalmann & Co. Inc. and Bar...clays Capital Inc. (each an "Agent" and collectively, the "Agents")." b.The definition of the term "Shares" is hereby amended and restated to read as follows: "shares of the Company's common stock, par value $0.01 per share (the "Common Stock"), having an aggregate gross sales price of up to $609,852,965 (the "Shares")." c.Clause (i) b.Clause (iv) of Section 9(c) 3(a) of the Agreement is hereby amended and restated to read as follows: "(i) "The compensation to each Agent, as an agent of the date that Company, for sales of the Shares having an aggregate shall be 1.5% of the gross sales price of $609,852,965 have been the Shares sold pursuant to this Agreement." d.Section Section 3(a). The remaining proceeds, after further deduction for any transaction fees imposed by any governmental or self-regulatory organization in connection with such sales, shall constitute the net proceeds to the Company for such Shares (the "Net Proceeds")." c.Section 10 of the Agreement is hereby amended to include delete the following subsection (l): "and (l) Barclays Capital "(h) BBVA Securities Inc., 745 Seventh Avenue, 1345 Avenue of the Americas, 44th Floor, New York, New York 10019, 10105, Attention: Syndicate Registration (Fax: (646) 834-8133), Scott Childs, 302-217-2272;" and replace it with a copy, in the case of any notice pursuant to Section 7(c), to the Director of Litigation, Office of the General Counsel, Barclays Capital Inc., 745 Seventh "(h) Jefferies LLC, 520 Madison Avenue, New York, New York 10019." NY 10022 Attn: General Counsel" SECTION 2. No Other Amendments; References to Agreements. Except as set forth in this Amendment, all other terms and provisions of the Agreement shall continue in full force and effect. All references to the Agreement in the Agreement or in any other document executed or delivered in connection therewith shall, from the date hereof, be deemed a reference to the Agreement as amended by this Amendment. SECTION 3. Counterparts. This Amendment may be signed by the Parties in one or more counterparts which together shall constitute one and the same agreement among the Parties. SECTION 4. Law; Construction. This Amendment and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Amendment ("Claim"), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York. SECTION 5. Submission to Jurisdiction. Except as set forth below, no Claim may be commenced, prosecuted or continued in any court other than the courts of the State of New York located in the City and County of New York or in the United States District Court for the Southern District of New York, which courts shall have jurisdiction over the adjudication of such matters, and the Company and the Operating Partnership consent to the jurisdiction of such courts and personal service with respect thereto. The Company and the Operating Partnership hereby consent to personal jurisdiction, service and venue in any court in which any Claim arising out of or in any way relating to this Amendment is brought by any third party against any Agent or any indemnified party. Each of the Agents and the Company and the Operating Partnership (on their behalf and, to the extent permitted by applicable law, on behalf of their stockholders and affiliates) waive all right to trial by jury in any action, proceeding or counterclaim (whether based upon contract, tort or otherwise) in any way arising out of or relating to this Amendment. The Company and the Operating Partnership agree that a final judgment in any such action, proceeding or counterclaim brought in any such court shall be conclusive and binding upon the Company and the Operating Partnership and may be enforced in any other courts to the jurisdiction of which the Company and the Operating Partnership are or may be subject, by suit upon such judgment. SECTION 6. Headings. The Section headings in this Amendment have been inserted as a matter of convenience of reference and are not a part of this Amendment. SECTION 7. Successors and Assigns. This Amendment shall be binding upon each Party hereto and their successors and assigns and any successor or assign of any substantial portion of the Party's respective businesses and/or assets. View More
