Amendment Proposal Clause Samples

Amendment Proposal. CIRI shall submit to the NPS written proposals for amendment of the Transportation Easement that shall include: (a) An updated version of Exhibit A – Legal Description and Mapping of Transportation Easement Area, which meets the standards of the then currently applicable digital mapping standard, and that complies with the Transportation Easement Area limitations in Sections 5.b.i.(a) and 5.b.ii.(a). (I) For the Construction Phase, the updated version of Exhibit A – Legal Description and Mapping of Transportation Easement Area shall identify the road or rail line corridor that will be 250-feet wide unless the Parties mutually agree that an alternative width is reasonably necessary, as well as any other areas necessary for Incidental Facilities or temporary construction activities that are outside of the corridor. (II) For the Operation and Maintenance Phase, the updated version of Exhibit A – Legal Description and Mapping of Transportation Easement Area shall identify the road or rail line corridor that will be 100-feet wide unless the Parties mutually agree that an alternative width is reasonably necessary, as well as any other areas necessary for Incidental Facilities that are outside of the corridor. (b) A proposed update of the phase specific terms and conditions identified in Exhibit B – Phase Specific Terms and Conditions, as amended. (c) An amendment to this Deed that includes edits to Section 2.b regarding easement uses, Section 2.c regarding terms and conditions, Section 3.b regarding access, Section 4.g regarding insurance, and that reflects the requirements in Section 5.b setting out future easement amendment requirements. (d) A plan setting out the activities expected to occur during the phase for which CIRI is proposing the amendment. (I) This plan must address the topics identified in Exhibit C – Plan Requirements. (II) This plan may use information provided by CIRI in the reports it submits to the NPS pursuant to Section 4.c and developed by ▇▇▇▇ for purposes of obtaining permits and other authorizations from other government agencies. (III) The plan must be sufficiently detailed to facilitate the NPS’s ability to perform a resource analysis, if necessary, in support of identifying reasonable phase specific terms and conditions to govern uses to occur during the phase for which the amendment is being requested. (IV) This plan, as well as analyses prepared by NPS and other agencies, will be used by the NPS to perform any resource analysis bef...

Amendment Proposal. The approval by a majority of the outstanding shares of Cabot common stock entitled to vote on the proposal is required to approve the Cabot charter amendment proposal. Abstentions and failures by any record holder of shares of Cabot common stock to submit a vote (e.g., by not submitting a proxy and not voting via the Cabot special meeting website) are considered shares of Cabot common stock entitled to vote on the proposal and will have the same effect as a vote “AGAINST” the Cabot charter amendment proposal. Because brokers, banks, and other nominees have discretionary authority to vote on the Cabot charter amendment proposal, we do not expect broker non-votes in connection with the Cabot charter amendment proposal. An abstention occurs when the beneficial owner of shares, or a broker or other nominee holding shares for a beneficial owner, is present via the Cabot special meeting website or by proxy, and entitled to vote at the meeting, but such person refrains from voting as to a particular proposal by expressly marking the “abstain” box on the voting instruction form or ballot. A broker non-vote occurs when a broker or other nominee returns a valid proxy card without voting on such proposal because they did not receive voting instructions from the street name holder and do not Under applicable rules, brokers or other nominees have discretionary voting power with respect to matters that are considered routine. Brokers will be permitted to vote shares of Cabot common stock at the Cabot special meeting with respect to the Cabot charter amendment proposal without receiving instructions from the beneficial owner of such shares, but will not be permitted to vote shares of Cabot common stock at the Cabot special meeting with respect to the Cabot issuance proposal without receiving instructions from the beneficial owner of such shares. The Cabot issuance proposal and the Cabot charter amendment proposal are described in the section entitled “Cabot Proposals.”

Amendment Proposal. The Amendment Proposal shall have been approved by the Company’s shareholders and the Amended Articles (x) will be in full force and effect as of immediately prior to the Closing or (y) will automatically come into full force and effect simultaneously with the occurrence of the Closing.

Amendment Proposal. 4.1.1. If CBD intends to (i) amend the sharing method and/or the criteria adopted for apportioning the Shared Resources described in Annex I to this Instrument; and/or (ii) establish the sharing method and the criteria that must be adopted for sharing the Additional Shared Resources, CBD shall notify the other Parties in this regard, in writing. 4.1.2. If any of the Parties does not agree with CBD's proposal, within sixty (60) days from the date of receipt of the notice, such Party must notify CBD, in writing, indicating its disagreement ("Disagreeing Party"). 4.1.2.1. Within ninety (90) days of receipt of the notice by CBD, the Disagreeing Party undertakes to take all necessary measures for the transition so that the activities subject matter of the Shared Resources that will no longer be carried out by CBD for the Disagreeing Party are carried out internally or by a hired third party or by the Disagreeing Party, at the Disagreeing Party's discretion, including provision by CBD of all necessary information and documents, as well as the provision of all necessary assistance from CBD for such purposes. After said term, the Disagreeing Party will declare that it will not be part of the sharing of certain Shared Resource or Additional Shared Resource, with the consent of the other Parties. 4.1.3. In the event neither Party expresses itself to the contrary within the aforementioned period, CBD's proposal shall be considered accepted by the Parties. 4.1.4. The Parties that agree with CBD's proposal must, respectively, as the case may be: (a) enter into an instrument for sharing amendment of the Shared Resources, substantially in the form of Annex II to this Instrument, establishing the new sharing method and/or the criteria to be adopted for the Shared Resource, as proposed by CBD ("Instrument for Sharing Amendment"): and/or (b) enter into an Instrument of Additional Shared Resources Apportionment, substantially in the form of Annex III to this Instrument, with the description of Additional Shared Resources, the sharing method and the criteria adopted for sharing of Additional Shared Resources, as proposed by CBD ("Additional Instrument for Sharing"). 4.1.5. The Instruments for Sharing Amendment and Additional Sharing Terms that are executed by and between the Parties will be considered part of the Instrument.