AMENDMENT OF FLOW OF FUNDS AGREEMENT Sample Clauses

AMENDMENT OF FLOW OF FUNDS AGREEMENT. Section 2.1 of the Flow of Funds Agreement is hereby amended by (a) adding the following language at the end of clause (i) thereof: "(provided, however, that Management Fees which would otherwise be included in Operating Expenses in the foregoing shall be subordinated in priority of payment as provided in the last paragraph of this Section 2.1)"; (b) deleting clause (xvi) thereof in its entirety and replacing same with the following: "(xvi) [RESERVED];" and (c) adding the following new paragraph at the end of said Section 2.1: "Notwithstanding anything to the contrary contained in this Agreement, all Management Fees shall be subordinated in priority of payment to below Category (xvi) hereof unless and until Lessee has achieved a LCR of at least 1.00:1.00 for any consecutive six month period (it being acknowledged that for purposes of determining the LCR in the foregoing test only, Net Operating Income shall be calculated based upon minimum Management Fees of 4% of Operating Revenues for such period). From and after the date that the foregoing LCR test has been satisfied, seventy percent (70%) of the Management Fees (other than Deferred Management Fees) will again be payable as part of Operating Expenses under Category (i) of this Section 2.1 but thirty percent (30%) of the Management Fees (other than Deferred Management Fees) will continue to be subordinated to below Category (xvi) hereof. Deferred Management Fees will continue to have the same priority of payment under Section 2.1 as such fees have on the date of the Third Master Amendment. Notwithstanding the
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AMENDMENT OF FLOW OF FUNDS AGREEMENT. (a) Section 2.1 of the Flow of Funds Agreement is hereby amended (x) deleting the proviso (which was added in the Third Amendment) at the end of clause (i) thereof and replacing it with the following language: "; provided, however, that during a Springing Lockbox Event, Operating Expenses shall be distributed in accordance with Section 3.4(c) of the Trust Agreement"; (y) by deleting, in its entirety, the full paragraph at the end of such Section (starting with the words "Notwithstanding anything to the contrary contained in this Agreement, all Management Fees shall be subordinated in priority of payment to below Category ...") (which was added by the Third Amendment), and (z) by deleting sub-clauses (xv) through (xviii) thereof and replacing such sub-clauses with the following:
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Related to AMENDMENT OF FLOW OF FUNDS AGREEMENT

  • Amendment of Agreement This Agreement may be amended only by written agreement of the Adviser and the Sub-Adviser and only in accordance with the provisions of the 1940 Act and the rules and regulations promulgated thereunder.

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Loan Agreement is hereby amended as follows:

  • Amendment of Note The Note is amended as follows: The “Maturity Date” of the Note is hereby extended from September 30, 2010 until December 31, 2010, which date shall hereafter be the new “Maturity Date.”

  • Amendment of Loan Agreement The Loan Agreement is hereby amended as follows:

  • Amendment of Rights Agreement The Rights Agreement is hereby amended as follows:

  • Amendment of the Agreement The Agreement is hereby amended as follows:

  • Amendment to Forbearance Agreement As of the date hereof, Section 2(b) of the Forbearance Agreement shall be amended and restated in its entirety to read as follows:

  • Amendment of Notes Subject to Section 3 hereof, any of the terms or provisions present in the Notes that relate to any of the provisions of the Indenture as amended by this Supplemental Indenture shall also be amended, mutatis mutandis, so as to be consistent with the amendments made by this Supplemental Indenture.

  • AMENDMENT AGREEMENT The Global Custody Agreement of January 3, 1994, (the “Custody Agreement”), as amended from time to time, by and between each of the Entities listed in Schedule A, as amended thereto, severally and not jointly (each such entity referred to hereinafter as the “Customer”) and JPMorgan Chase Bank, whose contracts have been assumed by JPMORGAN CHASE BANK (the “Bank”) is hereby further amended, as of April 29, 2010 (the “Amendment Agreement”). Terms defined in the Custody Agreement are used herein as therein defined.

  • Waivers; Amendment; Joinder Agreements (a) No failure or delay on the part of any party hereto in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties hereto are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any party hereto in any case shall entitle such party to any other or further notice or demand in similar or other circumstances.

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