Amendment Contract Clauses (37,976)

Grouped Into 333 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 provisions of this Note may be changed only by a written agreement executed by the Company and Holder.
Amendment. The provisions of this Note may be changed only by a written agreement executed by the Company Borrower and Holder.
Amendment. The provisions of this Note may be changed only by a written agreement executed by the Company Borrower and Holder.
Amendment. The provisions of this Note Debenture may be changed only by a written agreement executed by the Company and Holder.
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Amendment. This Agreement may not be amended, changed or modified in any manner except by a written agreement executed by BNY Mellon and a Trust. 13. Assignment; Subcontracting. (a) This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable or delegable by any Trust without the written consent of BNY Mellon, or by BNY Mellon without the written consent of the affected Trust. (b)... Notwithstanding the foregoing: (i) BNY Mellon may assign or transfer this Agreement to any BNY Mellon Affiliate, provided that BNY Mellon gives the relevant Trust thirty (30) days' prior written notice of such assignment or transfer and such assignment or transfer does not impair the provision of services under this Agreement in any material respect, and the assignee or transferee agrees to be bound by all terms of this Agreement in place of BNY Mellon; (ii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to any BNY Mellon Affiliate with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall not relieve BNY Mellon of any of its liabilities hereunder; and (iii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to an unaffiliated third party with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall require the prior written consent of a Trust and shall not relieve BNY Mellon of its liabilities hereunder. (c) Notwithstanding the foregoing, (i) a Trust or any Fund may assign this Agreement to, and the Agreement may be assumed by, a successor or survivor of a merger, consolidation, conversion, reorganization, redomestication, or acquisition of substantially all of the assets of any Fund, upon such succession or transaction and without any appointment or other action by the Trust on behalf of such Fund, or BNY Mellon and (ii) a Trust may assign or transfer this Agreement to any Invesco affiliate, provided that the Trust gives BNY Mellon thirty (30) days' prior written notice of such assignment or transfer and the assignee or transferee agrees to be bound by all terms of this Agreement in place of a Trust. 14. Governing Law; Consent to Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to conflict of laws principles thereof. Each Trust and BNY Mellon hereby consents to the jurisdiction of a state or federal court situated in New York City, New York in connection with any dispute arising hereunder. To the extent that in any jurisdiction a Trust or BNY Mellon may now or hereafter be entitled to claim, for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, a Trust and BNY Mellon each irrevocably agrees not to claim, and each hereby waives, such immunity. View More Arrow
Amendment. This Agreement may not be amended, changed or modified in any manner except by a written agreement executed by BNY Mellon and a the Trust. 13. 16 14. Assignment; Subcontracting. (a) This Agreement shall extend to and shall be binding upon the parties hereto, and their respective successors and assigns; provided, however, that this Agreement shall not be assignable or delegable by any Trust without the written consent of BNY Mellon, or by BNY Mellon either party without the written consent of... the affected Trust. other party. (b) Notwithstanding the foregoing: (i) BNY Mellon may assign or transfer this Agreement to any BNY Mellon Affiliate, Affiliate or transfer this Agreement in connection with a sale of a majority or more of its assets, equity interests or voting control, provided that BNY Mellon gives the relevant Trust thirty (30) days' prior written notice of such assignment or transfer and such assignment or transfer does not impair the provision of services under this Agreement in any material respect, and the assignee or transferee agrees to be bound by all terms of this Agreement in place of BNY Mellon; (ii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to any BNY Mellon Affiliate with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall not relieve BNY Mellon of any of its liabilities hereunder; and (iii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to an unaffiliated third party with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall (A) require the prior written consent of a the Trust and (B) limit BNY Mellon's liability such that BNY Mellon shall only be liable for failure to reasonably select such unaffiliated third party, and BNY Mellon shall have no liability for any acts or omissions to act of such unaffiliated third party; and (iv) BNY Mellon, in the course of providing certain additional services requested by the Trust, including but not limited to, Typesetting services ("Vendor Eligible Services") as further described in Schedule I, may in its sole discretion, enter into an agreement or agreements with a financial printer, or electronic services provider ("Vendor") to provide BNY Mellon with the ability to generate certain reports or provide certain functionality. BNY Mellon shall not relieve be obligated to perform any of the Vendor Eligible Services unless an agreement between BNY Mellon of its liabilities hereunder. (c) Notwithstanding the foregoing, (i) a Trust or any Fund may assign this Agreement to, and the Agreement Vendor for the provision of such services is then-currently in effect, and shall only be liable for the failure to reasonably select the Vendor. Upon request, BNY Mellon will disclose the identity of the Vendor and the status of the contractual relationship, and the Trust is free to attempt to contract 17 directly with the Vendor for the provision of the Vendor Eligible Services. (c) As compensation for the Vendor Eligible Services rendered by BNY Mellon pursuant to this Agreement, the Trust will pay to BNY Mellon such fees as may be assumed by, a successor or survivor of a merger, consolidation, conversion, reorganization, redomestication, or acquisition of substantially all of the assets of any Fund, upon such succession or transaction and without any appointment or other action agreed to in writing by the Trust on behalf of such Fund, or and BNY Mellon. In turn, BNY Mellon and (ii) a Trust may assign or transfer this Agreement to any Invesco affiliate, provided will be responsible for paying the Vendor's fees. For the avoidance of doubt, BNY Mellon anticipates that the Trust gives BNY Mellon thirty (30) days' prior written notice of such assignment or transfer and fees it charges hereunder will be more than the assignee or transferee agrees fees charged to be bound it by all terms of this Agreement in place of a Trust. 14. Governing Law; Consent to Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to conflict of laws principles thereof. Each Trust Vendor, and BNY Mellon hereby consents will retain the difference between the amount paid to BNY Mellon hereunder and the fees BNY Mellon pays to the jurisdiction of a state or federal court situated in New York City, New York in connection with any dispute arising hereunder. To Vendor as compensation for the extent that in any jurisdiction a Trust or additional services provided by BNY Mellon may now or hereafter be entitled in the course of making the Vendor Eligible Services available to claim, for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, a Trust and BNY Mellon each irrevocably agrees not to claim, and each hereby waives, such immunity. the Trust. View More Arrow
Amendment. This Agreement may not be amended, changed or modified in any manner except by a written agreement executed by BNY Mellon and a the Trust. 13. 14. Assignment; Subcontracting. (a) This Agreement shall extend to and shall be binding upon the parties hereto, and their respective permitted successors and assigns; provided, however, that this Agreement shall not be assignable or delegable by any Trust without the written consent of BNY Mellon, or by BNY Mellon either party without the written... consent of the affected Trust. other party. (b) Notwithstanding the foregoing: (i) BNY Mellon may assign or transfer this Agreement to any BNY Mellon Affiliate, Affiliate or transfer this Agreement in connection with a sale of a majority or more of its assets, equity interests or voting control, provided that BNY Mellon gives the relevant Trust thirty (30) at least ninety (90) days' prior written notice of such assignment or transfer and such assignment or transfer does not impair the type, quality, nature, or provision of services under this Agreement in any material respect, and the assignee or transferee agrees to be bound by all terms of this Agreement in place of BNY Mellon; (ii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to any BNY Mellon Affiliate with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall not relieve BNY Mellon of any of its liabilities hereunder; and (iii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to an unaffiliated third party with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall (A) require the prior written consent of a an Authorized Person of the Trust and (B)limit BNY Mellon's liability such that BNY Mellon shall only be liable for failure to reasonably select such unaffiliated third party, and BNY Mellon shall have no liability for any acts or omissions to act of such unaffiliated third party; and (c) BNY Mellon, in the course of providing certain additional services requested by a Fund, including but not limited to, Typesetting or eBoard Book services ("Vendor Eligible Services") as further described in Schedule I attached hereto, may in its sole discretion, enter into an agreement or agreements with a financial printer, or electronic services provider ("Vendor") to provide BNY Mellon with the ability to generate certain reports or provide certain functionality. BNY Mellon shall not relieve BNY Mellon of its liabilities hereunder. (c) Notwithstanding the foregoing, (i) a Trust or be obligated to perform any Fund may assign this Agreement to, and the Agreement may be assumed by, a successor or survivor of a merger, consolidation, conversion, reorganization, redomestication, or acquisition of substantially all of the assets of any Fund, upon such succession or transaction and without any appointment or other action by the Trust on behalf of such Fund, or Vendor Eligible Services unless an agreement between BNY Mellon and (ii) the Vendor for the provision of such services is then-currently in effect, and shall only be liable for the failure to reasonably select the Vendor. Upon request, BNY Mellon will disclose the identity of the Vendor and the status of the contractual relationship, and a Trust Fund is free to attempt to contract directly with the Vendor for the provision of the Vendor Eligible Services. (d) As compensation for the Vendor Eligible Services rendered by BNY Mellon pursuant to this Agreement, the Fund will pay to BNY Mellon, or cause the Sponsor or other party to pay to BNY Mellon, such fees as may assign or transfer this Agreement be agreed to any Invesco affiliate, provided in writing by the Fund and BNY Mellon. In turn, BNY Mellon will be responsible for paying the Vendor's fees. For the avoidance of doubt, BNY Mellon anticipates that the Trust gives BNY Mellon thirty (30) days' prior written notice of such assignment or transfer and fees it charges hereunder will be more than the assignee or transferee agrees fees charged to be bound it by all terms of this Agreement in place of a Trust. 14. Governing Law; Consent to Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to conflict of laws principles thereof. Each Trust Vendor, and BNY Mellon hereby consents will retain the difference between the amount paid to BNY Mellon hereunder and the fees BNY Mellon pays to the jurisdiction of a state or federal court situated in New York City, New York in connection with any dispute arising hereunder. To Vendor as compensation for the extent that in any jurisdiction a Trust or additional services provided by BNY Mellon may now or hereafter be entitled in the course of making the Vendor Eligible Services available to claim, for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, a Trust and BNY Mellon each irrevocably agrees not to claim, and each hereby waives, such immunity. the Fund. View More Arrow
Amendment. This Agreement may not be amended, changed or modified in any manner except by a written agreement executed by BNY Mellon and a Trust. 13. Assignment; Subcontracting. (a) the Trust to be bound thereby, and authorized or approved by the Trust's Sponsor. (b) This Agreement shall extend inure to the benefit of and shall be binding upon the parties hereto, and their respective permitted successors and assigns; provided, however, that this Agreement shall not be assignable or delegable by any Trust... without the written consent of BNY Mellon, or by BNY Mellon without the written consent of the affected Trust. (b) assigns. (c) Notwithstanding the foregoing: (i) BNY Mellon may assign or transfer this Agreement to any BNY Mellon Affiliate, provided that BNY Mellon gives the relevant Trust thirty (30) days' prior written notice of such assignment or transfer and such assignment or transfer does not impair the provision of services under this Agreement in any material respect, and the assignee or transferee agrees to be bound by all terms of this Agreement in place of BNY Mellon; (ii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to any BNY Mellon Affiliate with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall not relieve BNY Mellon of any of its liabilities hereunder; and (iii) for the avoidance of doubt, BNY Mellon will be liable for any costs, expenses, damages, liabilities or claims incurred by the Trust and/or a Fund as a result of the acts or failures to act by any BNY Mellon Affiliate to the extent that BNY Mellon itself would itself be liable for such acts or omissions under this Agreement had it performed or not performed the relevant act or omission itself; (ii) BNY Mellon may subcontract with, hire, engage or otherwise outsource to an unaffiliated third party with respect to the performance of any one or more of the functions, services, duties or obligations of BNY Mellon under this Agreement but any such subcontracting, hiring, engaging or outsourcing shall require the prior written consent of the Trust; and (iii) BNY Mellon, in the course of providing certain additional services requested by a Trust Fund, including but not limited to, Typesetting or eBoard Book services ("Vendor Eligible Services") as further described in Schedule I, may in its sole discretion, enter into an agreement or agreements with a financial printer, or electronic services provider ("Vendor") to provide BNY Mellon with the ability to generate certain reports or provide certain functionality. BNY Mellon shall not be obligated to perform any of the Vendor Eligible Services unless an agreement between BNY Mellon and the Vendor for the provision of such services is then-currently in effect, and shall not relieve only be liable for the failure to reasonably select the Vendor. Upon request, BNY Mellon will disclose the identity of its liabilities hereunder. (c) Notwithstanding the foregoing, (i) a Trust or any Fund may assign this Agreement to, Vendor and the Agreement status of the contractual relationship, and a Fund is free to attempt to contract directly with the Vendor for the provision of the Vendor Eligible Services. (d) As compensation for the Vendor Eligible Services rendered by BNY Mellon pursuant to this Agreement, the Trust will pay to BNY Mellon such fees as may be assumed by, a successor or survivor of a merger, consolidation, conversion, reorganization, redomestication, or acquisition of substantially all of the assets of any Fund, upon such succession or transaction and without any appointment or other action agreed to in writing by the Trust on behalf of such Fund, or and BNY Mellon. In turn, BNY Mellon and (ii) a Trust may assign or transfer this Agreement to any Invesco affiliate, provided will be responsible for paying the Vendor's fees. For the avoidance of doubt, BNY Mellon anticipates that the Trust gives BNY Mellon thirty (30) days' prior written notice of such assignment or transfer and fees it charges hereunder will be more than the assignee or transferee agrees fees charged to be bound it by all terms of this Agreement in place of a Trust. 14. Governing Law; Consent to Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to conflict of laws principles thereof. Each Trust Vendor, and BNY Mellon hereby consents will retain the difference between the amount paid to BNY Mellon hereunder and the fees BNY Mellon pays to the jurisdiction of a state or federal court situated in New York City, New York in connection with any dispute arising hereunder. To Vendor as compensation for the extent that in any jurisdiction a Trust or additional services provided by BNY Mellon may now or hereafter be entitled in the course of making the Vendor Eligible Services available to claim, for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, a Trust and BNY Mellon each irrevocably agrees not to claim, and each hereby waives, such immunity. the Trust. View More Arrow
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Amendment. This Agreement shall not be altered, modified or amended except by a written instrument signed by each of the parties hereto.
Amendment. This Agreement shall may not be altered, modified or amended except by a written instrument signed by each of the parties hereto.
Amendment. This Agreement shall not be altered, amended, modified or amended supplemented except by a written instrument signed by each of the parties hereto.
Amendment. This Agreement shall may not be altered, modified modified, or amended except by a written instrument signed by each of the parties hereto.
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Amendment. This Agreement may be amended in writing by mutual consent of the parties hereto, subject to the provisions of the Investment Company Act and the Articles.
Amendment. This Agreement may be amended in writing by mutual consent of the parties hereto, subject to the provisions of the Investment Company Act and the Articles. Act.
Amendment. This Agreement may be amended in writing by mutual consent of the parties hereto, Company and the Adviser, subject to the provisions of the Investment Company Act and the Articles. Act.
Amendment. This Agreement may be amended in writing by mutual consent of the parties hereto, Company and the Adviser, subject to the provisions of the Investment Company Act and the Articles. Act.
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Amendment. This Amendment may not be amended or modified except by a written agreement executed by the Company and Investor.
Amendment. This Amendment may not be amended or modified except by a written agreement executed by the Company and Investor. each Party hereto.
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Amendment. No amendments or additions to this Agreement shall be binding unless made in writing and signed by all of the parties, except as herein otherwise specifically provided. 11 21. Applicable Law. Except to the extent preempted by federal law, the laws of the State of Maryland shall govern this Agreement in all respects, whether as to its validity, construction, capacity, performance or otherwise.
Amendment. No amendments or additions to this Agreement shall be binding unless made in writing and signed by all of the parties, except as herein otherwise specifically provided. 11 21. 7. Applicable Law. Except to the extent preempted by federal Federal law, the laws of the State of Maryland shall govern this Agreement in all respects, whether as to its validity, construction, capacity, performance or otherwise.
Amendment. No amendments or additions to this Agreement shall be binding unless made in writing and signed by all of the parties, except as herein otherwise specifically provided. 11 21. 16. Applicable Law. Except to the extent preempted by federal Federal law, the laws of the State of Maryland Illinois shall govern this Agreement in all respects, whether as to its validity, construction, capacity, performance or otherwise.
Amendment. No amendments or additions to this Agreement shall be binding unless made in writing and signed by all of the parties, except as herein otherwise specifically provided. 11 21. 7 19. Applicable Law. Except to the extent preempted by federal Federal law, the laws of the State of Maryland New York shall govern this Agreement in all respects, whether as to its validity, construction, capacity, performance or otherwise.
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Amendment. The term of the Agreement is hereby extended for the period beginning on February 1, 2020 and ending on July 31, 2020.
Amendment. The term of the Agreement is hereby extended for the period beginning on February 1, 2020 2021 and ending on July 31, 2020. 2021.
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Amendment. (a) The Base Supplemental Confirmation is hereby amended by replacing the number "154,863" opposite the caption "Number of Units" with the number "121,638". (b) The Base Supplemental Confirmation is hereby amended by replacing the number "170,137" opposite the caption "Number of Designated Repurchase Units" with the number "203,362". (c) The Base Supplemental Confirmation is hereby amended by replacing the word "and" immediately preceding clause (iv) in the text opposite the caption "Excluded... Repayment Event(s)" with a ",", deleting the "." at the end of such text and adding the following to the end of such text: ", (v) $20,150,000 aggregate principal amount of Convertible Notes with Counterparty by the holder thereof for 238,977 Shares and approximately USD2.0 million of cash on May 13, 2014 (or such other date agreed by Counterparty and such holder) pursuant to a Note Exchange Agreement dated as of May 12, 2014 between Counterparty and such holder and (vi) $13,075,000 aggregate principal amount of Convertible Notes with Counterparty by the holder thereof for 155,068 Shares and approximately USD1.3 million of cash on May 13, 2014 (or such other date agreed by Counterparty and such holder) pursuant to a Note Exchange Agreement dated as of May 12, 2014 between Counterparty and such holder." 3. Continuing Effect. All of the terms and provisions of the Master Confirmation and Supplemental Confirmations shall remain and continue in full force and effect and are hereby confirmed in all respects. View More Arrow
Amendment. (a) The Base Supplemental Company and Dealer agree that, effective on the date hereof, the Master Confirmation is hereby shall be amended by replacing and restated in its entirety, in the number "154,863" opposite the caption "Number of Units" with the number "121,638". form attached hereto as Exhibit A. (b) The Base Supplemental Confirmation is hereby amended by replacing the phrase "The number "170,137" of Convertible Notes in denominations of USD1,000 principal amount issued by Counterparty... on the closing date for the initial issuance of the Convertible Notes, other than any Option Securities (as defined in the Underwriting Agreement)." opposite the caption "Number of Designated Repurchase Units" with the number "203,362". "154,863". (c) The Base Supplemental Confirmation is hereby amended by replacing adding the word "and" following text immediately preceding clause (iv) in after the text opposite the caption "Excluded "Number of Units": "Number of Designated Repurchase Units: 170,137 Excluded Repayment Event(s)" with a ",", deleting the "." at the end Event(s): The exchange of such text and adding the following to the end of such text: ", (v) $20,150,000 (i) $98,885,000 aggregate principal amount of Convertible Notes with Counterparty by the holder thereof for 238,977 1,172,766 Shares and approximately USD2.0 USD10.3 million of cash on May 13, 2, 2014 (or such other date agreed by Counterparty and such holder) pursuant to a Note Exchange Agreement dated as of April 24, 2014 between Counterparty and such holder, (ii) $37,852,000 aggregate principal amount of Convertible Notes with Counterparty by the holder thereof for 448,920 Shares and approximately USD3.9 million of cash on May 2, 2014 (or such other date agreed by Counterparty and such holder) pursuant to a Note Exchange Agreement dated as of May 12, 1, 2014 between Counterparty and such holder and (vi) $13,075,000 holder, (iii) $13,400,000 aggregate principal amount of Convertible Notes with Counterparty by the holder thereof for 155,068 158,922 Shares and approximately USD1.3 USD1.4 million of cash on May 13, 2, 2014 (or such other date agreed by Counterparty and such holder) pursuant to a Note Exchange Agreement dated as of May 12, 1, 2014 between Counterparty and such holder and (iv) $20,000,000 aggregate principal amount of Convertible Notes with Counterparty by the holder thereof for 237,198 Shares and approximately USD2.0 million of cash on May 2, 2014 (or such other date agreed by Counterparty and such holder) pursuant to a Note Exchange Agreement dated as of May 1, 2014 between Counterparty and such holder." 3. Continuing Effect. All of the terms and provisions of the Master Confirmation and Supplemental Confirmations shall remain and continue in full force and effect and are hereby confirmed in all respects. View More Arrow
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Amendment. Any amendment to the Plan is deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto; provided, however, that no amendment may impair the rights of the Grantee with respect to the Restricted Shares unless agreed to by the Grantee and the Company, which agreement must be in writing and signed by the Grantee and the Company.
Amendment. Any amendment to the Plan is deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto; provided, however, that no amendment may materially impair the rights of the Grantee with respect to the Restricted Shares RSUs unless agreed to by the Grantee and the Company, which agreement must be in writing and signed by the Grantee and the Company. Company; but provided, further, that neither the Grantee's consent nor a signed writing shall be required with... respect to an amendment that is deemed necessary by the Company to ensure compliance with Section 409A of the Code or Section 10D of the Exchange Act. View More Arrow
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Amendment. Any amendment to the Plan shall be deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto; provided, however, that no amendment shall adversely affect the Holder's rights with respect to the Option without the Holder's consent and the Holder's consent shall not be required to an amendment that is deemed necessary by the Company to ensure compliance with Section 10D of the Exchange Act.
Amendment. Any amendment to the Plan shall will be deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto; to this Agreement; provided, however, that no amendment shall will adversely affect the Holder's rights of the Holder with respect to the Option Common Shares or other securities covered by this Agreement without the Holder's consent. Notwithstanding the foregoing, the limitation requiring the consent and of the Holder's consent shall Holder to certain... amendments will not be required apply to an any amendment that is deemed necessary by the Company to ensure compliance with Section 409A of the Code or Section 10D of the Exchange Act. View More Arrow
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