Amendment Contract Clauses (12,532)

Grouped Into 328 Collections of Similar Clauses From Business Contracts

This page contains Amendment clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Amendment. This Agreement may be amended by mutual consent but the consent of the Company must be obtained in conformity with the requirements of the Investment Company Act. 8 13. Entire Agreement; Governing Law. This Agreement contains the entire agreement of the parties and supersedes all prior agreements, understandings and arrangements with respect to the subject matter hereof. Notwithstanding the place where this Agreement may be executed by any of the parties hereto, this Agreement shall be construed... in accordance with the laws of the State of New York. For so long as the Company is regulated as a BDC under the Investment Company Act, this Agreement shall also be construed in accordance with the applicable provisions of the Investment Company Act. In such case, to the extent the applicable laws of the State of New York, or any of the provisions herein, conflict with the provisions of the Investment Company Act, the latter shall control. View More
Amendment. This Agreement may be amended by mutual consent but the consent of the Company must be obtained in conformity with the requirements of the Investment Company Act. 8 13. consent. 7 12. Entire Agreement; Governing Law. This Agreement contains the entire agreement of the parties and supersedes all prior agreements, understandings and arrangements with respect to the subject matter hereof. Notwithstanding the place where this Agreement may be executed by any of the parties hereto, this Agreement sha...ll be construed in accordance with the laws of the State of New York. For so long as the Company is regulated as a BDC under the Investment Company Act, this Agreement shall also be construed in accordance with the applicable provisions of the Investment Company Act. In such case, to the extent the applicable laws of the State of New York, or any of the provisions herein, conflict with the provisions of the Investment Company Act, the latter shall control. To the fullest extent permitted by law, in the event of any dispute arising out of the terms and conditions of this Agreement, the parties hereto consent and submit to the jurisdiction of the courts of the State of New York in the county of New York and of the U.S. District Court for the Southern District of New York. View More
Amendment. This Agreement may be amended in writing by mutual consent but the consent of the Company must be obtained in conformity with parties hereto, subject to the requirements provisions of the Investment Company Act. 8 13. Act and the Articles. 15 14. Entire Agreement; Governing Law. This Agreement contains the entire agreement of the parties and supersedes all prior agreements, understandings and arrangements with respect to the subject matter hereof. Notwithstanding the place where this Agreement m...ay be executed by any of the parties hereto, this Agreement shall be construed in accordance with the laws of the State of New York. For so long as the Company Corporation is regulated as a BDC under the Investment Company Act and the Adviser is regulated as an investment adviser under the Advisers Act, this Agreement shall also be construed in accordance with the applicable provisions of the Investment Company Act. In such case, to Act and the Advisers Act, respectively, and any other then-current regulatory interpretations thereunder. To the extent the applicable laws of the State of New York, or any of the provisions herein, conflict with the provisions of the Investment Company Act, the latter shall control. View More
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Amendment. This Agreement may not be modified or changed except by written instrument signed by both parties hereto.
Amendment. This Agreement may not be changed, amended, or modified or changed except by a written instrument signed by both parties hereto. parties.
Amendment. This Agreement may not be amended or modified or changed except by a written instrument signed by both parties hereto. Parties.
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Amendment. Section 3(a)(ii) of the Agreement is hereby deleted and replaced with the following: (ii) BONUS. Executive shall be eligible for an annual cash bonus equal to approximately thirty five percent (35%) of his Base Salary ("Annual Bonus") in addition to a discretionary equity bonus, with the actual amount of any such bonus increased or decreased in the sole and absolute discretion of both the Compensation Committee and the Board of Directors of the Corporation.
Amendment. Section Sections 3(a)(i) and 3(a)(ii) of the Employment Agreement is are hereby deleted and replaced with the following: (i) BASE SALARY. Employee shall receive an annual base salary of Two Hundred Sixty Five Thousand Dollars ($265,000) for the Term (the "Base Salary"), payable bi-weekly. (ii) BONUS. Executive shall be eligible for an annual cash bonus equal to approximately thirty five percent (35%) (30%) of his her Base Salary ("Annual Bonus") in addition to a discretionary equity bonus, with ...the actual amount of any such bonus increased or decreased in the sole and absolute discretion of both the Compensation Committee and the Board of Directors of the Corporation. View More
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Amendment. No amendment, modification, rescission, waiver or release of any provision of this Amendment shall be effective unless the same shall be in writing and signed by the parties hereto.
Amendment. No amendment, modification, rescission, waiver or release of any provision of this Amendment Agreement shall be effective unless the same shall be in writing and signed by the parties hereto. each party to this Agreement.
Amendment. No amendment, modification, rescission, waiver or release of any provision of this Amendment Agreement shall be effective unless the same shall be in writing and signed by the parties each party hereto.
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Amendment. The Committee has the right to amend, alter, suspend, discontinue or cancel Restricted Stock Units, prospectively or retroactively; provided that no such amendment shall adversely affect the Participant's material rights under this Agreement without the Participant's consent. 5 21. Section 409A. This Agreement is intended to comply with Section 409A of the Code or an exemption thereunder and shall be construed and interpreted in a manner consistent with the requirements for avoiding additional t...axes or penalties under Section 409A of the Code. Notwithstanding the foregoing, the Company makes no representations that the payments and benefits provided under this Agreement comply with Section 409A of the Code and in no event shall the Company be liable for all or any portion of any taxes, penalties, interest or other expenses that may be incurred by the Participant on account of non-compliance with Section 409A of the Code. View More
Amendment. The In accordance and consistent with Section 409A of the Code, as applicable, the Committee has the right to amend, alter, suspend, discontinue or cancel Restricted Stock Units, the Award, prospectively or retroactively; provided that provided, that, no such amendment shall adversely affect the Participant's Grantee's material rights under this Agreement without the Participant's Grantee's consent. 5 21. 4 20. Section 409A. This Agreement is intended to either comply with or be exempt from Sect...ion 409A of the Code or an exemption thereunder and shall be construed and interpreted in a manner that is consistent with the requirements for avoiding additional taxes or penalties under Section 409A of the Code. Notwithstanding the foregoing, the Company makes no representations that the payments and benefits provided under this Agreement either comply with Section 409A of the Code or are exempt therefrom and in no event shall the Company be liable for all or any portion of any taxes, penalties, interest or other expenses that may be incurred by the Participant Grantee on account of non-compliance with Section 409A of the Code. View More
Amendment. The Committee has the right to amend, alter, suspend, discontinue or cancel Restricted Stock Units, the RSUs, prospectively or retroactively; provided that provided, that, no such amendment shall adversely affect the Participant's Grantee's material rights under this Agreement without the Participant's Grantee's consent. 5 21. 17. Section 409A. This Agreement is intended to comply with Section 409A of the Code or an exemption thereunder and shall be construed and interpreted in a manner that is ...consistent with the requirements for avoiding additional taxes or penalties under Section 409A of the Code. Notwithstanding the foregoing, the Company makes no representations that the payments and benefits provided under this Agreement comply with Section 409A of the Code and in no event shall the Company be liable for all or any portion of any taxes, penalties, interest or other expenses that may be incurred by the Participant Grantee on account of non-compliance with Section 409A of the Code. View More
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Amendment. Except as provided in Section 15, no amendment or modification to this Employment Agreement shall be effective unless it is in writing and signed by an authorized representative of Bakkt and by Executive.
Amendment. Except as provided in Section 15, no amendment or modification to this Employment Agreement shall be effective unless it is in writing and signed by an authorized representative of Bakkt the Company and by Executive.
Amendment. Except as provided in Section 15, no amendment or modification to this Employment Agreement shall be effective unless it is in writing and signed by an authorized representative of Bakkt ICE and by Executive.
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Amendment. This Guaranty may be amended or modified only in writing signed by Bank and Guarantor.
Amendment. This Guaranty may be amended or modified only in writing signed by Bank and Guarantor. Guarantor that states it is intended to amend or modify this Guaranty.
Amendment. This Guaranty may be amended or modified only in writing signed by Bank Lender and Guarantor.
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Amendment. The Employment Agreement is hereby amended as follows: Section 1 of the Employment Agreement is hereby amended to provide that upon expiration of the 2019 Renewal Period on December 31, 2019, the Employment Agreement shall automatically renew for a one-year period ending December 31, 2020 (the "2020 Renewal Period"). The 2020 Renewal Period shall be included in the definition of "Renewal Period" and "Term" for purposes of the Employment Agreement. SECTION 2. Effect on Employment Agreement. The E...mployment Agreement, as amended by this Amendment, is and shall continue to be in full force and effect, and is, as hereby amended, confirmed and ratified. From and after the date hereof, each reference in the Employment Agreement to "this Agreement", "hereunder", "hereof" or other words of like import shall, except where the context otherwise requires, mean the Employment Agreement as amended by this Amendment. SECTION 3. Counterparts; Facsimile Transmission. This Amendment may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument. Executed counterparts may be delivered via facsimile or electronic transmission. View More
Amendment. The Employment Agreement is hereby amended as follows: A. Section 1 of the Employment Agreement is hereby amended to provide that upon expiration of the 2019 Renewal Period on December 31, 2019, 2018, the Employment Agreement shall automatically renew for a one-year period ending December 31, 2020 2019 (the "2020 "2019 Renewal Period"). The 2020 2019 Renewal Period shall be included in the definition of "Renewal Period" and "Term" for purposes of the Employment Agreement. SECTION The following s...entence is hereby added to the end of Section 7(c) of the Employment Agreement: "Notwithstanding the foregoing, nothing in this Agreement prohibits or restricts Executive from lawfully: (i) initiating communications directly with, cooperating with, providing information to, causing information to be provided to, or otherwise assisting in an investigation by any governmental or regulatory agency, entity, or official(s) (collectively, "Governmental Authorities") regarding a possible violation of any law; (ii) responding to any inquiry or legal process directed to Executive individually (and not directed to the Company) from any such Governmental Authorities; (iii) testifying, participating or otherwise assisting in an action or proceeding by any such Governmental Authorities relating to a possible violation of law; or (iv) making any other disclosures that are protected under the whistleblower provisions of any applicable law. "SECTION 2. Effect on Employment Agreement. The Employment Agreement, as amended by this Amendment, is and shall continue to be in full force and effect, and is, as hereby 920774 amended, confirmed and ratified. From and after the date hereof, each reference in the Employment Agreement to "this Agreement", "hereunder", "hereof" or other words of like import shall, except where the context otherwise requires, mean the Employment Agreement as amended by this Amendment. SECTION 3. Counterparts; Facsimile Transmission. This Amendment may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument. Executed counterparts may be delivered via facsimile or electronic transmission. View More
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Amendment. This Release Agreement may not be modified except by a writing signed by each of the parties hereto, or their duly authorized representative.
Amendment. This Release Agreement may not be modified except by a writing signed by each of the parties hereto, or their duly authorized representative.
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Amendment. Unless otherwise provided in the Plan or this Grant Agreement, this Grant Agreement may be amended only by a written agreement executed by the Company and the Grantee.15. Integrated Agreement. Any grant notice, this Grant Agreement and the Plan shall constitute the entire understanding and agreement of the Grantee and the Company with respect to the subject matter contained herein or therein and supersedes any prior agreements, understandings, restrictions, representations, or warranties between... the Grantee and the 5 Company with respect to such subject matter other than those as set forth or provided for herein or therein. To the extent contemplated herein or therein, the provisions of any grant notice and this Grant Agreement shall survive any settlement of the Award and shall remain in full force and effect.16. Severability. If one or more of the provisions of this Grant Agreement shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the invalid, illegal or unenforceable provisions shall be deemed null and void; however, to the extent permissible by law, any provisions which could be deemed null and void shall first be construed, interpreted or revised retroactively to permit this Grant Agreement to be construed so as to foster the intent of this Grant Agreement and the Plan.17. Counterparts. Any grant notice and this Grant Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.18. Governing Law and Venue. This Grant Agreement shall be interpreted and administered under the laws of the State of Delaware. For purposes of litigating any dispute that arises under this grant or this Grant Agreement, the parties hereby submit to and consent to the jurisdiction of the State of Arizona, agree that such litigation shall be conducted in the courts of Maricopa County, Arizona, or the federal courts for the United States for the District of Arizona, where this grant is made and/or to be performed.19. Other. The Grantee represents that the Grantee has read and is familiar with the provisions of the Plan and this Grant Agreement, and hereby accepts the Award subject to all of their terms and conditions. View More
Amendment. Unless otherwise provided in the Plan or this Grant Agreement, this Grant Agreement may be amended only by a written agreement executed by the Company and the Grantee.15. Grantee.16. Integrated Agreement. Any grant notice, this Grant Agreement and the Plan shall constitute the entire understanding and agreement of the Grantee and the Company with respect to the subject matter contained herein or therein and supersedes any prior agreements, understandings, restrictions, representations, represent...ations or warranties between the Grantee and the 5 Company with respect to such subject matter other than those as set forth or provided for herein or therein. To the extent contemplated herein or therein, the provisions of any grant notice and this Grant Agreement shall survive any settlement of the Award and shall remain in full force and effect.16. effect.17. Severability. If one or more of the provisions of this Grant Agreement shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the invalid, illegal or unenforceable provisions shall be deemed null and void; however, to the extent permissible by law, any provisions which could be deemed null and void shall first be construed, interpreted or revised retroactively to permit this Grant Agreement to be construed so as to foster the intent of this Grant Agreement and the Plan.17. Plan.18. Counterparts. Any grant notice and this Grant Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.18. instrument.19. Governing Law and Venue. This Grant Agreement shall be interpreted and administered under the laws of the State of Delaware. For purposes of litigating any dispute that arises under this grant or this Grant Agreement, Award, the parties hereby submit to and consent to the jurisdiction of the State of Arizona, agree that such litigation shall be conducted in the courts of Maricopa County, Arizona, or the federal courts for the United States for the District of Arizona, where this grant is made and/or to be performed.19. performed.20. Other. The Grantee represents that the Grantee has read and is familiar with the provisions of the Plan and this Grant Agreement, and hereby accepts the Award subject to all of their terms and conditions. 7 21. Section 409A Compliance. Section 409A of the Code imposes an additional 20% tax, plus interest, on payments from "non-qualified deferred compensation plans." Certain payments under this Grant Agreement could be considered to be payments under a "non-qualified deferred compensation plan." The additional 20% tax and interest do not apply if the payment qualifies for an exception to the requirements of Section 409A or complies with the requirements of Section 409A. The Company believes, but does not and cannot warrant or guaranty, that the payments due pursuant to this Grant Agreement qualify for the short-term deferral exception to Section 409A of the Code as set forth in Treasury Regulation Section 1.409A-1(b)(4). Notwithstanding anything to the contrary in this Grant Agreement, if the Company determines that neither the short-term deferral exception nor any other exception to Section 409A applies to the payments due pursuant to this Grant Agreement, to the extent any payments are due on the Grantee's termination of employment, the term "termination of employment" shall mean "separation from service" as defined in Treasury Regulation Section 1.409A-1(h). In addition, if the Grantee is a "specified employee" (as defined in Treasury Regulation Section 1.409A-1(i)) and any payments due pursuant to this Grant Agreement are payable on the Grantee's "separation from service," then such payments shall be paid on the first business day following the expiration of the six month period following the Grantee's "separation from service." This Grant Agreement shall be operated in compliance with Section 409A or an exception thereto and each provision of this Grant Agreement shall be interpreted, to the extent possible, to comply with Section 409A or to qualify for an applicable exception. The Grantee remains solely responsible for any adverse tax consequences imposed upon the Grantee by Section 409A. View More
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