Amendment Contract Clauses (37,976)

Amendment. This Agreement may not be amended, changed or modified in any manner except by a written agreement executed by BNY Mellon and the Trust to be bound thereby, and authorized or approved by the Sponsor.

Amendment. This Agreement may not be amended or modified except by an instrument in writing signed by, or on behalf of, all of the Parties hereto.

Amendment. Any term of this Warrant may be amended or waived with the written consent of the Company and Holder.

Amendment. Any amendment to this Agreement must be in writing, signed by a duly authorized representative of the Company. Notwithstanding anything in the Plan to the contrary, the Board reserves the right to amend this Agreement in any way it may deem necessary or advisable to carry out the purpose of the grant as a result of any change in applicable laws or regulations or any future law, regulation, interpretation, ruling, or judicial decision.

Amendment. The Committee may amend, modify or terminate this Certificate without approval of Optionee; provided, however, that such amendment, modification or termination shall not, without Optionee's consent, reduce or diminish the value of this award determined as if it had been fully vested on the date of such amendment or termination.

Amendment. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both of the parties hereto. No waiver of any of the provisions of this Agreement shall be binding unless in the form of a writing signed by the party against whom enforcement of the waiver is sought, and no such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver. Except as specifically provided... herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof. View More

Amendment. The term of the Agreement is hereby extended for the period beginning on August 1, 2019 and ending on January 31, 2020.

Amendment. The Board of Directors has the right to amend, alter, suspend, discontinue or cancel the RSUs, prospectively or retroactively; provided, that, no such amendment shall adversely affect the Grantee's material rights under this Agreement without the Grantee's consent.

Amendment. (a) Notwithstanding anything in the Agreement or in the Plan to the contrary, the Agreement is hereby amended to provide that in the event the Participant's employment or service with the Company is terminated on a date (the "Early Vesting Date") prior to the third anniversary of the date of the grant either by the Company without Cause (as such term is defined in the Employment Agreement), or by the Participant as a result of a Constructive Discharge (as such term is defined in the Employment... Agreement), then the Participant's interest in a number of the Award Shares shall become vested and nonforfeitable, in the manner described in subsection (b) below. (b) The portion of the Award Shares in which the Participant's interest shall be vested and nonforfeitable, in the circumstances described in subsection (a) above, shall be equal to that number of whole shares of Common Stock that most nearly equals, but does not exceed an amount equal to the product: (1) the total number of Award Shares, multiplied by (2) the quotient of (A) the number of calendar days from the date of grant through the Early Vesting Date, divided by (B) the number of calendar days from the date of grant through the third anniversary of the date of grant. 1 3. Effect on the Agreement. Except as specifically amended by this Amendment, all terms of the Agreement shall remain in full force and effect. The term "Agreement" as used in the Agreement shall mean the Agreement as amended by this Amendment. View More

Amendment. Effective as of October 14, 2016 (the "Amendment Effective Date"): Section 2 of the Agreement is hereby amended by deleting the definition of "Uncommitted Amount" in its entirety and replacing it with the following: "Uncommitted Amount" shall mean (i) on or prior to December 2, 2016, $250,000,000, and (ii) at all other times, $50,000,000. Section 2. Fees and Expenses. Seller agrees to pay to Buyer all reasonable out of pocket costs and expenses incurred by Buyer in connection with this... Amendment Number Sixteen (including any Commitment Fee or extension fee due and payable, all reasonable fees and out of pocket costs and expenses of the Buyer's legal counsel) in accordance with Sections 23 and 25 of the Agreement. Section 3. Representations. Seller hereby represents to Buyer that as of the date hereof, the Seller Parties are in full compliance with all of the terms and conditions of the Agreement and each other Program Document and no Default or Event of Default has occurred and is continuing under the Agreement or any other Program Document. Section 4. Binding Effect; Governing Law. This Amendment Number Sixteen shall be binding and inure to the benefit of the parties hereto and their respective successors and permitted assigns. THIS AMENDMENT NUMBER SIXTEEN SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF (EXCEPT FOR SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW WHICH SHALL GOVERN). Section 5. Counterparts. This Amendment Number Sixteen may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. Section 6. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment Number Sixteen need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. View More