Common use of Amendment of Partnership Agreement Clause in Contracts

Amendment of Partnership Agreement. A. A proposed amendment shall be adopted and be effective as an amendment hereto if it is approved by the General Partner following the direction and approval of the Board of Directors. B. Notwithstanding Section 14.1(A) hereof, this Agreement shall not be amended without the consent of each Partner materially adversely affected if such amendment would (i) convert a Limited Partner Interest in the Partnership into a General Partner Interest; (ii) modify the limited liability of a Limited Partner in a manner materially adverse to such Limited Partner; (iii) alter rights of such Partner to receive distributions pursuant to Article 5 or Article 13, or the allocations specified in Article 6 (except as permitted pursuant to Section 4.2 hereof) in a manner materially adverse to such Partner; or (vi) amend this Section 14.1(B); provided, however, that the consent of each Partner materially adversely affected shall not be required for any amendment or action that affects all Partners holding the same class or series of Partnership Units on a uniform or pro rata basis. Any amendment consented to by any Partner shall be effective as to that Partner, notwithstanding the absence of such consent by any other Partner.

Appears in 13 contracts

Samples: Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.), Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.)

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Amendment of Partnership Agreement. A. (a) A proposed amendment shall be adopted and be effective as an amendment hereto if it is approved by the General Partner Partner, following the direction and approval of the Partnership Board of DirectorsApproval. B. (b) Notwithstanding Section 14.1(A) hereof14.1(a), this Agreement shall not be amended without the consent of each Partner materially adversely affected if such amendment would (i1) convert a Limited Partner Partner’s Interest in the Partnership into a General Partner Interest; , (ii2) modify the limited liability of a Limited Partner in a manner materially adverse to such Limited Partner; , (iii3) alter rights of such Partner to receive distributions pursuant to Article 5 or Article 13, or the allocations specified in Article 6 (except as permitted pursuant to Section 4.2 hereof4.2) in a manner materially adverse to such Partner; , or (vi4) amend this Section 14.1(B14.1(b); provided, however, that the consent of each Partner materially adversely affected shall not be required for any amendment or action that affects all Partners holding Common Units or the same class or series of Partnership Units other than Common Units on a uniform or pro rata basis. Any amendment consented to by any Partner shall be effective as to that Partner, notwithstanding the absence of such consent by any other Partner.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Nexpoint Diversified Real Estate Trust), Limited Partnership Agreement (Vinebrook Homes Trust, Inc.), Limited Partnership Agreement (Vinebrook Homes Trust, Inc.)

Amendment of Partnership Agreement. A. (a) A proposed amendment shall be adopted and be effective as an amendment hereto if it is approved by the General Partner following the direction and approval of the Board of Directors. B. (b) Notwithstanding Section 14.1(A) hereof14.1(a), this Agreement shall not be amended without the consent of each Partner materially adversely affected if such amendment would (i) convert a Limited Partner Partner’s Interest in the Partnership into a General Partner Interest; , (ii) modify the limited liability of a Limited Partner in a manner materially adverse to such Limited Partner; , (iii) alter rights of such Partner to receive distributions pursuant to Article 5 or Article 13, or the allocations specified in Article 6 (except as permitted pursuant to Section 4.2 hereof4.2) in a manner materially adverse to such Partner; , or (viiv) amend this Section 14.1(B14.1(b); provided, however, that the consent of each Partner materially adversely affected shall not be required for any amendment or action that affects all Partners holding the same class or series of Partnership Units on a uniform or pro rata basis. Any amendment consented to by any Partner shall be effective as to that Partner, notwithstanding the absence of such consent by any other Partner.

Appears in 1 contract

Samples: Limited Partnership Agreement (Vinebrook Homes Trust, Inc.)

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Amendment of Partnership Agreement. A. A proposed amendment shall be adopted and be effective as an amendment hereto if it is approved by the General Partner following the direction and approval of the Board of Directors.. AmericasActive:14016784.12 B. Notwithstanding Section 14.1(A) hereof, this Agreement shall not be amended without the consent of each Partner materially adversely affected if such amendment would (i) convert a Limited Partner Interest in the Partnership into a General Partner Interest; (ii) modify the limited liability of a Limited Partner in a manner materially adverse to such Limited Partner; (iii) alter rights of such Partner to receive distributions pursuant to Article 5 or Article 13, or the allocations specified in Article 6 (except as permitted pursuant to Section 4.2 hereof) in a manner materially adverse to such Partner; or (vi) amend this Section 14.1(B); provided, however, that the consent of each Partner materially adversely affected shall not be required for any amendment or action that affects all Partners holding the same class or series of Partnership Units on a uniform or pro rata basis. Any amendment consented to by any Partner shall be effective as to that Partner, notwithstanding the absence of such consent by any other Partner.

Appears in 1 contract

Samples: Limited Partnership Agreement (NexPoint Real Estate Finance, Inc.)

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