Amendment Contract Clauses (37,886)

Amendment. (a) The definition of "Maturity Date" in Section 1.1 of the Reimbursement Agreement is hereby amended to read as follows: "Maturity Date" means August 22, 2021. (b) The reference to "$30,000,000" in Section 2.1 of the Reimbursement Agreement is hereby replaced with "$15,000,000".

Amendment. Effective as of October 24, 2018 through and until October 31, 2018, the Agreement is hereby amended as follows: (a) Exhibit A to the Agreement is hereby amended by deleting the definitions of "Additional Jumbo Aggregation Price Differential" and "Calculation Period" in their respective entireties and replacing them with the following: Additional Jumbo Aggregation/High-Balance Price Differential: The additional Price Differential in respect of Jumbo Aggregation Mortgage Loans and High-Balance... Mortgage Loans payable by Seller quarterly in arrears on the Payment Date following each Calculation Period; provided, however, that no Additional Jumbo Aggregation/High-Balance Price Differential shall be due on a Payment Date if the Non-Aggregation/High-Balance Quarterly Utilization during such Calculation Period was greater than the specified percentage set forth in the Transactions Terms Letter. Calculation Period: With respect to: (a) the initial Payment Date on which an Unused Facility Fee is due, the period beginning on the Effective Date and ending on the last day of the quarter in which such Effective Date occurs, (b) the initial Payment Date on which Additional Jumbo Aggregation/High-Balance Price Differential is due, the period beginning on January 26, 2018 and ending on the last day of the related calendar quarter, (c) for each subsequent Payment Date on which an Unused Facility Fee or Additional Jumbo Aggregation/High-Balance Price Differential is due, the prior calendar quarter and (d) with respect to the date this Agreement is terminated pursuant to the terms herein, the period beginning on the first day of the quarter in which such termination is to occur and ending on the Expiration Date. (b) Exhibit A to the Agreement is hereby further amended by inserting the following new definition in the appropriate alphabetical order: High-Balance Mortgage Loans: As defined in the Transaction Terms Letter. View More

Amendment. The Committee may amend this Agreement at any time and from time to time; provided, however, that no amendment of this Agreement that would materially and adversely impair the Optionee's rights or entitlements with respect to the Option shall be effective without the prior written consent of the Optionee (unless such amendment is required in order to cause the Award hereunder to qualify as "performance-based" compensation within the meaning of Section 162(m) or be exempt from Code Section 409A,... as interpreted by applicable authorities). View More

Amendment. No provision hereof may be waived or modified other than by an instrument in writing signed by both parties.

Amendment. This Warrant may be amended only by an instrument in writing signed by the Corporation and the Holder.

Amendment. Section 6.7 of the Plan is hereby amended and restated as follows: 6.7 Permitted Delays. Notwithstanding the foregoing, to the extent permitted by applicable laws and regulations, including Section 409A, any payment on account of a Member under the Plan shall be delayed upon the Committee's reasonable anticipation that the making of the payment would violate federal securities laws or other applicable law.

Amendment. Any amendment hereto or waiver of any provision hereof may be made with, and only with, the written consent of Maker and Payee.

Amendment. This Agreement may be amended by the Committee at any time based on its determination that the amendment is necessary or advisable in light of any addition to, or change in, the Code or regulations issued thereunder or any federal or state securities law or other law or regulation, or the Plan, or based on any discretionary authority of the Committee under the Plan. Unless necessary or advisable due to a change in law, any amendment to this Agreement which has a material adverse effect on the... interest of Grantee under this Agreement shall be adopted only with the consent of Grantee. View More

Amendment. The Committee may at any time and from time to time amend this Agreement in whole or in part, prospectively or retroactively; provided, however, that if an amendment to this Agreement requires approval by the Shareholders in order to comply with applicable law or the rules of the NYSE or, if the Common Shares are not traded on the NYSE, the principal national securities exchange upon which the Common Shares are traded or quoted, then such amendment will be subject to Shareholder approval and... will not be effective unless and until such approval has been obtained; provided, further, that no amendment will adversely affect the rights of Grantee with respect to the Common Shares or other securities covered by this Agreement without Grantee's consent. Notwithstanding the foregoing, the limitation requiring the consent of Grantee to certain amendments will not apply to any amendment that is deemed necessary by the Company to ensure compliance with Section 409A of the Code. If permitted by Section 409A of the Code, including in the case of termination of employment or service, or in the case of unforeseeable emergency or other circumstances or in the event of a Change in Control, at any point in time, to the extent the Grant has not yet been fully vested, the Committee may, in its sole discretion, provide for continued vesting or accelerate the time at which some or all of the Grant will be deemed to 9 NAI-1515547991v5 have been vested (or may waive any other limitation or requirement under the Grant). View More

Amendment. No modification, amendment, or waiver of any of the provisions of this Consulting Agreement shall be effective unless in writing and signed by the parties.