They did finally amend the agreement slightly after the calls for the cup trustees to award the 2005 Stanley Cup to a non-NHL team (which obviously never happened), but by the time that was finally resolved, the NHL had already resumed play, so in the eyes of the cup trustees, it was moot. In the event that the NHL does not award the cup, for whatever reason, the trustees may award the cup to someone else. However, when the league locked out the players again in 2012, the trustees specifically said that while the amendment does allow for the possibility of awarding the cup to a non-NHL team, they're not obliged to do so, and that they were unlikely to had the entire 12-13 season not been played.