Waiver and Amendment Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
First Amendment The Administrative Agent shall have received multiple counterparts as requested of the this First Amendment from each Lender.
Termination Waiver and Amendment 40 7.1 TERMINATION...................................................40 7.2
Modification and Amendment This Agreement may not be changed, modified, discharged or amended, except by an instrument signed by all of the parties hereto.
Second Amendment The Administrative Agent shall have received this Second Amendment, duly executed and delivered by the Borrower, the Required Lenders and the Administrative Agent.
Assignment and Amendment This Agreement may not be assigned by the Subadviser, and shall automatically terminate, without the payment of any penalty, in the event: (a) of its assignment, including any change in control of the Adviser or the Subadviser which is deemed to be an assignment under the 1940 Act, or (b) that the Advisory Agreement is assigned or terminates for any reason. Trades that were placed prior to such termination will not be canceled; however, no new trades will be placed after notice of such termination is received. Termination of this Agreement shall not relieve the Adviser or the Subadviser of any liability incurred hereunder. The terms of this Agreement shall not be changed unless such change is agreed to in writing by the parties hereto and is approved by the affirmative vote of a majority of the Trustees of the Trust voting in person, including a majority of the Trustees who are not interested persons of the Trust, the Adviser or the Subadviser, at a meeting called for the purpose of voting on such change, and (to the extent required by the 0000 Xxx) unless also approved at a meeting by the affirmative vote of the majority of outstanding voting securities of the Fund.
Termination and Amendment 53 8.1. TERMINATION.............................................................................53 8.2.
Renewal, Termination and Amendment This Agreement shall continue in effect, unless sooner terminated as hereinafter provided, until December 31, 2007 and shall continue in full force and effect for successive periods of one year thereafter, but only so long as each such continuance as to the Portfolio is specifically approved at least annually by vote of the holders of a majority of the outstanding voting securities of the Portfolio or by vote of a majority of the Trust's Board of Trustees; and further provided that such continuance is also approved annually by the vote of a majority of the Trustees who are not parties to this Agreement or interested persons of any such party. This Agreement may be terminated as to the Portfolio at any time, without payment of any penalty, by the Trust's Board of Trustees, by the Manager, or by a vote of the majority of the outstanding voting securities of the Portfolio upon 60 days' prior written notice to the Adviser, or by the Adviser upon 90 days' prior written notice to the Manager, or upon such shorter notice as may be mutually agreed upon. This Agreement shall terminate automatically and immediately upon termination of the Management Agreement between the Manager and the Trust. This Agreement shall terminate automatically and immediately in the event of its assignment. The terms "assignment" and "vote of a majority of the outstanding voting securities" shall have the meaning set forth for such terms in the 1940 Act. This Agreement may be amended at any time by the Adviser and the Manager, subject to approval by the Trust's Board of Trustees and, if required by applicable SEC rules, regulations, or orders, a vote of a majority of the Portfolio's outstanding voting securities.
Duration and Amendment 1114 Agreement shall continue in full force and effect from September 1, 2015 to and including August 31, 2019. The Agreement shall continue in effect from year-to-year thereafter unless either party notifies the other in writing not less than ninety (90) calendar days prior to the expiration date that a modification or termination of the Agreement is desired. Should either party to this Agreement serve such notice upon the other party, EMU and the Association shall meet for the purpose of negotiation and shall commence consideration of proposed changes or modifications in the Agreement not less than sixty (60) calendar days prior to the expiration of the Agreement. 1115 If, pursuant to such negotiation, an Agreement on the renewal or modification of this Agreement is not reached prior to the expiration date, this Agreement shall expire at the expiration date unless it is extended for a specified period by mutual agreement of the parties. 1116 In witness whereof, this Agreement has been executed by the parties by their duly authorized representatives this 7th day of August, 2015. EASTERN EASTERN MICHIGAN UNIVERSITY MICHIGAN CHAPTER OF THE AMERICAN UNIVERSITY ASSOCIATION OF UNIVERSITY PROFESSORS Xxxxx Xxxxxxx, III Xxxxx Xxxxxxx, Chief Negotiator Xxxxxx Xxxxx, Associate Professor Chief Negotiator Accounting and Finance Geography and Geology Xxxxxxxxx Xxxxxxx, Associate Xxxx Xxxxx Xxxxxx, Contract Administrator Xxxxxxxxx Xxxxxxx, Professor Health and Human Services EMU-AAUP CMTA Xxxxxx Xxxxxxxxx, Assoc. Vice President Xxxxxx Xxxxxx, Xxxxxxxxx Xxxx Xxxxxxxxx, Professor Academic Programming Accounting and Finance Special Education Xxxx Xxxxx, Executive Director Finance Xxxxxxx Xxxxx, Associate Professor CMTA Xxxxxx Xxxx, Associate Professor Economics Xxxxx Xxxxx, Asst. Vice President Academic Affairs Xxxxxx Xxxxxx, Associate Professor Library Appendix A MFA Equivalency MEMORANDUM OF UNDERSTANDING BY AND BETWEEN EASTERN MICHIGAN UNIVERSITY AND THE EASTERN MICHIGAN UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS It is agreed and understood that the MFA designated as equivalent to the Ph.D. is intended to reflect the decision of Arbitrator Xxxxxxx Xxxxx of June 29, 1977. Accordingly, only Faculty Members covered by that decision shall be considered to be automatically entitled to such equivalencies. However, in those cases in other disciplines where the MFA is determined by EMU and AAUP to be the terminal degree and considered equivalent to a Ph.D., Faculty Members with the MFA in such a discipline shall, upon approval of the parties, have such degree equivalency recognized. A request for such a determination may be initiated by a Department to either EMU or the AAUP. It is further understood that educational equivalencies which have been or may be included in the Departmental Evaluation Documents developed in accordance with the provisions of Article XIII of the Collective Bargaining Agreement, shall not be construed to imply equivalency for the Ph.D. except in those limited instances where the X.X. degree has been determined in the Department Evaluation Documents to be the appropriate terminal degree for Faculty Members specifically assigned specialized courses related to law and/or the legal system. Faculty Members who attain degrees equivalent to the Ph.D. as provided herein, shall not be eligible for compensation for the attainment of the doctorate as provided in Article XVIII.K. EASTERN EASTERN MICHIGAN UNIVERSITY MICHIGAN CHAPTER OF THE AMERICAN UNIVERSITY ASSOCIATION OF UNIVERSITY PROFESSORS Xxxxx Xxxxxxx, III Xxxxx Xxxxxxx Chief Negotiator Chief Negotiator Appendix B MEMORANDUM OF UNDERSTANDING BY AND BETWEEN EASTERN MICHIGAN UNIVERSITY AND THE EASTERN MICHIGAN UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS It is hereby understood and agreed between Eastern Michigan University and Eastern Michigan University Chapter of the American Association of University Professors that one Faculty Short-term Service Parking space will be available for Faculty Members to load and unload instructional materials used in their teaching assignments off campus, in each of the following parking lots, Xxxxx, Sill, Xxxx Xxxxxxxxx, Xxxx- Xxxxxxx, and Xxxxxxxxx. In addition EMU agrees to make available parking permits for faculty members to use the referenced parking spaces. The parking permits shall be available in the Office of the Building Administrator of Sill Hall, Rackham, Roosevelt, Xxxx-Xxxxxxx, and Xxxx Xxxxxxxxx. EASTERN EASTERN MICHIGAN UNIVERSITY MICHIGAN CHAPTER OF THE AMERICAN UNIVERSITY ASSOCIATION OF UNIVERSITY PROFESSORS Xxxxx Xxxxxxx, III Xxxxx Xxxxxxx, Chief Negotiator Chief Negotiator Appendix C DID Committee MEMORANDUM OF UNDERSTANDING BY AND BETWEEN EASTERN MICHIGAN UNIVERSITY AND THE EASTERN MICHIGAN UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS It is xxxxxx understood and agreed between Eastern Michigan University and the Eastern Michigan University Chapter of the American Association of University Professors that the Assistant Vice President for Academic Affairs (and their designees) and the President of the EMU- AAUP (and their designees) will form a temporary DID committee to: • Review and approve the Department Input Document changes based on the addition of equivalencies to Department Input Documents. • The term of this committee will be effective September 1, 2015 to August 31, 2016. • This committee will ensure the consistency and fairness of equivalencies across departments and will have final approval. It is further specifically understood and agreed by the parties to this Agreement that the provisions stated above are consistent with the Collective Bargaining Agreement between EMU and the AAUP, and therefore, that the provisions herein will not alter, modify, or otherwise establish precedent for future interpretation or application of that Agreement. EASTERN EASTERN MICHIGAN UNIVERSITY MICHIGAN CHAPTER OF THE AMERICAN UNIVERSITY ASSOCIATION OF UNIVERSITY PROFESSORS Xxxxx Xxxxxxx, III Xxxxx Xxxxxxx Chief Negotiator Chief Negotiator Appendix D Multi-Year Contract Joint Task Force MEMORANDUM OF UNDERSTANDING BY AND BETWEEN EASTERN MICHIGAN UNIVERSITY AND THE EASTERN MICHIGAN UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS It is hereby understood and agreed between Eastern Michigan University and the Eastern Michigan University Chapter of the American Association of University Professors agree to participate in a joint task force to develop and test an implementation plan to roll out the new multi-year contract evaluation procedure by September 1, 2016. The plan will include the establishment of an electronic evaluation dossier, including all process features and contractual requirements of the faculty evaluation process. The committee will also choose a new student evaluation system. The committee will include up to four (4) members selected by the EMU-AAUP and up to four (4) members selected by the administration. It is further specifically understood and agreed by the parties to this Agreement that the provisions stated above are consistent with the Collective Bargaining Agreement between EMU and the AAUP, and therefore, that the provisions herein will not alter, modify, or otherwise establish precedent for future interpretation or application of that Agreement. EASTERN EASTERN MICHIGAN UNIVERSITY MICHIGAN CHAPTER OF THE AMERICAN UNIVERSITY ASSOCIATION OF UNIVERSITY PROFESSORS Xxxxx Xxxxxxx, III Xxxxx Xxxxxxx Chief Negotiator Chief Negotiator Appendix E Faculty Hired Prior to September 1, 2015 will use Article XV (below), from the 2012-2015 Collective Bargaining Agreement for evaluative purposes.
The Eleventh Amendment The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."