Increase or Decrease. The State, at its discretion, shall have the option to increase or decrease the maximum amount payable hereunder, by increasing or decreasing the quantity of goods/services described in Exhibit A at the same rates and under the same terms specified in this Agreement. In order to exercise this option, the State shall provide written notice to Grantee in a form substantially equivalent to Exhibit B prior to the end of the current Agreement term. Delivery of Goods and performance of Services shall continue at the same rates and terms as described in the Agreement.
Increase or Decrease. The number of authorized shares of Preferred Stock or Common Stock may be increased or decreased (but not below the number of shares thereof then outstanding and/or required to be reserved by the terms of this Amended and Restated Certificate of Incorporation) by the affirmative vote of the holders of a majority of the voting power of all the then-outstanding shares of capital stock of the Company entitled to vote thereon, without a separate vote of the holders of the class or classes the number of authorized shares of which are being increased or decreased, unless a vote of any holders of one or more series of Preferred Stock is required pursuant to the terms of any certificate of designation relating to any series of Preferred Stock, irrespective of the provisions of Section 242(b)(2) of the DGCL.
Increase or Decrease. In addition to any vote of the holders of shares of one or more series of Preferred Stock that may be required by the terms of the Certificate of Incorporation, the number of authorized shares of any class or classes of capital stock of the Corporation may be increased or decreased (but not below the number of shares thereof then outstanding) by the affirmative vote of the holders of at least a majority of the voting power of all of the then issued and outstanding shares of the capital stock of the Corporation entitled to vote generally in the election of directors, voting together as a single class, irrespective of the provisions of Section 242(b)(2) of the DGCL.
Increase or Decrease. A Participant may, upon giving prior notice in a manner authorized by Company, amend his or her 401(k) Enrollment Agreement to increase or decrease the amount of reduction effective as soon as administratively feasible after the receipt of such notice.
Increase or Decrease. REPLACEMENT OF SECURITY DEPOSIT. Tenant, within fifteen (15) days after any increase in Fixed Rent hereunder, shall deposit with Landlord cash in, or increase the face amount of the Letter of Credit by, the amount necessary to ensure that the Security Deposit hereunder continues to be equal to one (1) month's annual Fixed Rent based upon the increased Fixed Rent from time to time due hereunder. In the event the Security Deposit (or any portion thereof) is applied (or drawn upon from time to time in full or partial amounts in the case of the Letter of Credit and any renewals or replacements thereof) by Landlord on account of any Event(s) of Default by Tenant hereunder or as otherwise expressly provided in this SECTION 3.4, Tenant shall replenish said Security Deposit in full, within fifteen (15) days after demand therefor, by paying to Landlord the amount so applied or, in the case of the Letter of Credit, restoring the Letter of Credit to its full amount. Tenant's failure to timely replenish and restore the Security Deposit as aforesaid shall be an Event of Default. If: (a) no Event of Default has occurred and is continuing hereunder and (b) Tenant has fully performed and satisfied all of its obligations under the Lease (including, without limitation and as applicable, its obligations relative to any Operational Transfer(s)), then the Security Deposit, or the remaining unapplied portion thereof, shall be paid or returned to Tenant within thirty five (35) days after the expiration or termination of this Lease and the surrender of the Premises to Landlord in the condition required hereunder; provided, however, that Landlord may retain an amount, as it shall reasonably determine, to secure the payment of any Rent, the amount of which Landlord is then unable to determine finally (and Landlord shall return any such retained amount to Tenant promptly following the final determination of such Rent amount and the full payment to Landlord of such Rent). The Security Deposit shall not be deemed an advance payment of Rent or a measure of Landlord's damages for any default hereunder by Tenant, nor shall it be a bar or defense to any action that Landlord may at any time commence against Tenant.
Increase or Decrease. The purpose of this Section 5.5 is to protect both the Contractor and MSR should prices of supplies increase or decrease. The Contractor has a 4% annual escalation built into its compensation rates set forth in Appendix A. If costs of supplies increase beyond 4% on an annual basis, MSR and the Contractor agree to share in the added expense as set forth in this Section 5.5. If costs of supplies decrease on an annual basis, Contractor has agreed that its compensation shall be reduced as set forth in the remainder of this Section 5.5. -------------------------------------------------------------------------------- H-16
