Further Amendment. Neither this Amendment nor any terms hereof may be amended, supplemented or modified except by a written instrument executed by the parties in accordance with the terms and conditions of the Deed of Trust. This Amendment shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
Further Amendment. This Amendment may not be amended or otherwise modified except as provided in the Agreement.
Further Amendment. The Merger Agreement may be further amended by the Parties at any time by compliance with Section 10.7 of the Merger Agreement.
Further Amendment. Neither this Lease nor any provision hereof may be changed, waived, discharged, or terminated except by an instrument in writing signed by all the parties thereto. [Signature Page Follows]
Further Amendment. The Lease shall be deemed amended such that the following language shall be deemed added to the Lease: “Tenant shall provide Landlord data relating to utility usage and service at the Premises on an annual basis within thirty (30) days after the end of each calendar year and at such other times reasonably requested by Landlord. Such information shall include, but shall not be limited to, information relating to energy and water consumption and waste generation and such other information to enable the assessment of the environmental, social and governance performance of the Premises. Tenant shall provide all relevant documents and information with respect to such matters relating to the Premises. Tenant shall not take any action to adversely affect the environmental performance of the Premises.”
Further Amendment. All references in the Loan Agreement to the Loan Agreement are deemed to be references to the Loan Agreement as amended by this First Amendment. All references in the Loan No. 2543-PP Loan Documents to the Loan Agreement are deemed to be references to the Loan Agreement as amended by this First Amendment.
Further Amendment. Notwithstanding any provision to the contrary, to the extent requested by Merger Sub, the parties agree to amend this Agreement prior to Closing to permit shares of Company Common Stock and/or Company Stock Options (as defined below) owned by certain employees of the Company as mutually agreed by the Company and Merger Sub to be converted into shares of New Preference Stock with corresponding adjustments to be made to Section 1.01(b) and this Section 2.01 and the related definitions (any such shares of Company Common Stock which are converted are referred to as "Roll-Over Management Shares").
Further Amendment to Section 1.1 of the Credit Agreement. The definition for "Loan Documents" is hereby amended in its entirety by replacing it with the following:
Further Amendment to Section 1.1 of the Credit Agreement. The definition of "Senior Subordinated Notes" is hereby amended by inserting the following at the end thereof: "Except as otherwise expressly provided herein or as the context otherwise requires, references herein to the Senior Subordinated Notes shall also be deemed references to the New Senior Subordinated Notes."
Further Amendment. Sellers and Purchaser shall use commercially reasonable efforts to enter into a Second Amendment to the Purchase Agreement on or prior to the end of the Due Diligence Period pursuant to which (i) Exhibit “C-3”, Exhibit “O”, Exhibit “P” and Exhibit “Q” will be added to and become part of the Purchase Agreement and (ii) Exhibit “C-2” and Exhibit “M” to the Original Purchase Agreement will be replaced with revised forms that reflect the terms of this Amendment.
