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. The date "December 31, 2017" in Section 2 of the Employment Agreement is hereby deleted and replaced with "December 31, 2021." The proviso in Section 4(b) of the Employment Agreement is hereby deleted and replaced with "provided, however, that the target annual incentive opportunity shall be not less than 150% of Base Salary (the "Target Bonus"), with a maximum annual incentive opportunity equal to not less than 200% of Base Salary earnable for performance at a pre-specified level substantially ...higher than the designated target performance level." 2. Miscellaneous. (a) Effect of Amendment. As expressly modified by this Amendment, all of the terms, covenants, agreements, conditions and other provisions of the Employment Agreement shall remain in full force and effect in accordance with their respective terms. (b) Governing Law. THE VALIDITY, INTERPRETATION, CONSTRUCTION AND PERFORMANCE OF THIS AMENDMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. (c) Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. (d) Due Authority and Execution. The execution, delivery and performance of this Amendment have been duly authorized by the Company and this Amendment represents the valid, legal and binding obligation of the Company, enforceable against the Company according to its terms.View More
Amendment. The date "December 31, 2017" 2015" in Section 2 of the Employment Agreement is hereby deleted and replaced with "December 31, 2021." The proviso in Section 4(b) of the Employment Agreement is hereby deleted and replaced with "provided, however, that the target annual incentive opportunity shall be not less than 150% of Base Salary (the "Target Bonus"), with a maximum annual incentive opportunity equal to not less than 200% of Base Salary earnable for performance at a pre-specified level substant...ially higher than the designated target performance level." 2017." 2. Miscellaneous. (a) Effect of Amendment. As expressly modified by this Amendment, all of the terms, covenants, agreements, conditions and other provisions of the Employment Agreement shall remain in full force and effect in accordance with their respective terms. (b) Governing Law. THE VALIDITY, INTERPRETATION, CONSTRUCTION AND PERFORMANCE OF THIS AMENDMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES. (c) Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. (d) Due Authority and Execution. The execution, delivery and performance of this Amendment have been duly authorized by the Company and this Amendment represents the valid, legal and binding obligation of the Company, enforceable against the Company according to its terms. View More
Amendment. The Board may amend this Agreement, provided, however, that, no such action which would have the effect of reducing or diminishing Executive's entitlements under this Agreement shall be effective without the express written consent of the Executive.
Amendment. The Board Company may amend this Agreement, provided, however, that, no such action which would have the effect of reducing or diminishing Executive's entitlements under this Agreement shall be effective without the express written consent of the Executive.
Amendment. This Agreement may not be amended, supplemented or modified in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, supplement or modification is sought.
Amendment. This Agreement may not be amended, supplemented or modified in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, supplement or modification is sought. sought., 10. Assignment. This Agreement may not be assigned by the Executive, and may not be assigned by the Company except es described in above.
Amendment. This Agreement may be modified only by a written agreement signed by you and an authorized person on behalf of Targa Resources Corp. who is expressly authorized to execute such document; provided, however, notwithstanding the foregoing, Targa Resources Corp. may make any change to this Agreement without your consent if such change is not materially adverse to your rights under this Agreement.
Amendment. This Agreement may be modified only by a written agreement signed by you and an authorized person on behalf of Targa Resources Corp. the Company who is expressly authorized to execute such document; provided, however, notwithstanding the foregoing, Targa Resources Corp. the Company may make any change to this Agreement without your consent if such change is not materially adverse to your rights under this Agreement.
Amendment. Attention: Daniel Kunz 960 Broadway Ave Suite 530 Boise, Idaho 83706 Fax No. : 208-343-1777 (b) in the case of the Company, to: Daniel Kunz & Associates LLC Attention: Alexander Kunz 960 Broadway Ave Suite 530 Boise, Idaho 83706 Fax No. : 208 343-1777 or at such other address as the party to whom such writing is to be given shall provide in writing to the party giving the said notice. Any notice delivered to the party to whom it is addressed shall be deemed to have been given and received on the... day it is so delivered or sent by telecopy and so received, or, if such day is not a business day, then on the next business day following any such day. Any notice mailed shall be deemed to have been given and received on the fifth business day following the date of mailing.View More
Amendment. Attention: Daniel Kunz 960 Broadway Ave Suite 530 Boise, Idaho 83706 Fax No. : 208-343-1777 (b) in the case of the Company, Consultant, to: Daniel Kunz & Associates LLC Attention: Alexander Kunz 960 Broadway Ave Suite 530 Boise, Idaho 83706 Ryan Hart Fax No. : 208 343-1777 8 or at such other address as the party to whom such writing is to be given shall provide in writing to the party giving the said notice. Any notice delivered to the party to whom it is addressed shall be deemed to have been g...iven and received on the day it is so delivered or sent by telecopy and so received, or, if such day is not a business day, then on the next business day following any such day. Any notice mailed shall be deemed to have been given and received on the fifth business day following the date of mailing. View More
Amendment. The Committee may waive any conditions of or rights of the Corporation or modify or amend the terms of this Agreement; provided, however, that the Committee may not amend, alter, suspend, discontinue or terminate any provision of this Agreement if such action may adversely affect the Grantee without the Grantee's written consent. To the extent permitted by applicable laws and regulations, the Committee shall have the authority, in its sole discretion but with the permission of the Grantee, to ac...celerate the vesting of the Shares or remove any other restrictions imposed on the Grantee with respect to the Shares, whenever the Committee may determine that such action is appropriate.View More
Amendment. The Committee may waive any conditions of or rights of the Corporation or modify or amend the terms of this Agreement; provided, however, that the Committee may not amend, alter, suspend, discontinue or terminate any provision of this Agreement if such action may adversely affect the Grantee Director without the Grantee's Director's written consent. To the extent permitted by applicable laws and regulations, the Committee shall have the authority, in its sole discretion but with the permission o...f the Grantee, Director, to accelerate the vesting of the Restricted Shares or remove any other restrictions imposed on the Grantee Director with respect to the Restricted Shares, whenever the Committee may determine that such action is appropriate. View More
Amendment. This Agreement may not be changed, modified, released, discharged, abandoned or otherwise terminated in whole or in part except by an instrument in writing, agreed to and signed by the Employee and a duly authorized officer of OptimizeRx.
Amendment. This Agreement may not be changed, modified, released, discharged, abandoned or otherwise terminated in whole or in part except by an instrument in writing, agreed to and signed by the Employee Consultant and a duly authorized officer of OptimizeRx.
Amendment. Other than Schedule A attached hereto, which may be unilaterally amended by Smart Sand in accordance with in Section 1.A., this Agreement may only be amended by a written document executed by Smart Sand and Borrower.
Amendment. Other than Schedule A attached hereto, which may be unilaterally amended by Smart Sand in accordance with in Section 1.A., Sand, this Agreement may only be amended by a written document executed by Smart Sand and Borrower.
Amendment. This Agreement may be amended by a written agreement executed by the Company and the Participant; provided, however, that the Committee may modify the terms of this Agreement without the consent of the Participant in any manner that is not materially adverse to the Participant.
Amendment. This Award Agreement may be amended by a written agreement executed signed by the Company and the Participant; provided, however, provided that the Committee may modify the terms of this Award Agreement without the consent of the Participant in any manner that is not materially adverse to the Participant.
Amendment. The following provisions shall apply, and the Original Agreement shall be deemed amended as of the Effective Date as follows: (a) Section 5.2(a) of the Original Agreement shall be amended by replacing the percentage "75%" in the first sentence thereof with the percentage "100%". (b) Section 5.2(b) of the Original Agreement shall be stricken and replaced by the following: "(b) For any fiscal year in which the Bonus is not subject to the deduction limit under Section 162(m) of the Code pursuant to... the transition relief provisions of Treasury Regulation Section 1.162-27(f)(1) (the "Transition Period"), the full estimated Bonus (less applicable withholding taxes) shall be paid no later than December 31 of the fiscal year to which such Bonus relates based on estimated Consolidated EBITDA for such fiscal year (the "Estimated Bonus"); provided that, if the ARH Group's Consolidated EBITDA, as reflected, without duplication, in the audited financial statements of the ARH Group for such fiscal year differs from the ARH Group's estimated Consolidated EBITDA for such fiscal year, as reflected in the unaudited, internal financial statements used to determine the Estimated Bonus, then the Bonus shall be recalculated by the Board, and the Company or the Executive, as the case may be, shall pay to the other, within 30 days of such determination, any amounts that are required to reflect the actual amount of the Bonus for such fiscal year, based upon the ARH Group's Consolidated EBITDA, as reflected in the audited financial statements of the ARH Group. Following the Transition Period, the Bonus (less applicable withholding taxes) shall be paid to Executive at the same time as bonuses are generally payable to other senior executives of the Company, but in no event later than two and one-half months following the close of the fiscal year to which the Bonus relates." 3. Amendment Governs in the Case of Conflict. In the event that any terms or provisions of the Original Agreement conflict or are inconsistent with the terms and provisions of this Amendment, the terms of this Amendment shall govern and control.View More
Amendment. The following provisions shall apply, and the Original Agreement shall be deemed amended as of the Effective Date as follows: (a) Section 5.1 of the Original Agreement (Base Salary) shall be stricken and replaced by the following: "5.1 Base Salary. Commencing on January 1, 2016, the Company agrees to pay the Executive a base salary at an annual rate equal to $892,203. The Executive will be entitled to periodic review of base salary and to such increases, if any, as may be determined from time to... time in the sole discretion of the Board (the base salary as in effect from time to time is defined as the "Base Salary"). The Executive's Base Salary will be payable as earned in accordance with the Company's customary payroll practice and shall be subject to customary withholding. During the Term, the Company shall not reduce the Executive's salary below the Base Salary, as in effect from time to time. For the avoidance of doubt, while the Executive is employed by the Company or any of its Affiliates, the Executive shall not be entitled to any compensation for his services as a director on the Board (or any other board of directors or similar governing body of the Company or any of its Affiliates)." (b) Section 5.2(a) of the Original Agreement shall be amended by replacing the percentage "75%" in the first sentence thereof with the percentage "100%". (b) (c) Section 5.2(b) of the Original Agreement shall be stricken and replaced by the following: "(b) For any fiscal year in which the Bonus is not subject to the deduction limit under Section 162(m) of the Code pursuant to the transition relief provisions of Treasury Regulation Section 1.162-27(f)(1) (the "Transition Period"), the full estimated Bonus (less applicable withholding taxes) shall be paid no later than December 31 of the fiscal year to which such Bonus relates based on estimated Consolidated EBITDA for such fiscal year (the "Estimated Bonus"); provided that, if the ARH Group's Consolidated EBITDA, as reflected, without duplication, in the audited financial statements of the ARH Group for such fiscal year differs from the ARH Group's estimated Consolidated EBITDA for such fiscal year, as reflected in the unaudited, internal financial statements used to determine the Estimated Bonus, then the Bonus shall be recalculated by the Board, and the Company or the Executive, as the case may be, shall pay to the other, within 30 days of such determination, any amounts that are required to reflect the actual amount of the Bonus for such fiscal year, based upon the ARH Group's Consolidated EBITDA, as reflected in the audited financial statements of the ARH Group. Following the Transition Period, the Bonus (less applicable withholding taxes) shall be paid to Executive at the same time as bonuses are generally payable to other senior executives of the Company, but in no event later than two and one-half months following the close of the fiscal year to which the Bonus relates." 3. Amendment Governs in the Case of Conflict. In the event that any terms or provisions of the Original Agreement conflict or are inconsistent with the terms and provisions of this Amendment, the terms of this Amendment shall govern and control. View More
