Amendment to Article X. Article X of the Credit Agreement is hereby amended by adding the following new Section 10.15:
Amendment to Article X. The following new paragraph is added immediately following the last paragraph of Section 10.01(a): Notwithstanding anything provided herein to the contrary, upon the exercise of the Call Option Holder of its Call Option, the Servicing Rights Owner shall retain any and all related Servicing Rights with respect to the SRO Mortgage Loans.
Amendment to Article X. With respect to the Notes only, (and for the avoidance of doubt, not with respect to any other series of Notes issued pursuant to the Base Indenture on or prior to the date hereof), the following language will be added as Section 10.16 of the Base Indenture:
Amendment to Article X. Article X of the LLC Agreement is hereby deleted in its entirety and replaced by "Intentionally Omitted."
Amendment to Article X. The Agreement is hereby amended by adding a Section 10.7 to read as follows:
Amendment to Article X. Article X of the Original Agreement is amended as follows:
(a) By deleting Section 10.13(b) in its entirety and substituting the following in its stead:
(b) No Party shall, or shall permit any of its Related Parties or Representatives to, directly or indirectly assert that any provision of any Transaction Document is invalid, illegal or unenforceable. Without limiting the Parties’ remedies for breach of the immediately preceding sentence and notwithstanding anything to the contrary herein, if (i) HoldCo, OpCo, IPCo, JMY, JT, any HoldCo Shareholder or any Related Party or Representative of any of the foregoing asserts in any dispute, controversy or claim arising out of, relating to, or in connection with any Transaction Document, that any provision of any Transaction Document is invalid, illegal or unenforceable and (ii) the ICC or any other arbitral body of competent jurisdiction or any Governmental Authority of competent jurisdiction holds any of the following obligations to be invalid, illegal or unenforceable: (x) the obligations to make the Liquidity Event Payment (including, without limitation, the portion thereof constituting the Default/Seven Year Payment), the Make-Whole Payment, the Increase Payment or the Impact Payment or (y) to provide the services specified for the fees specified under the Commercial Agreement, then all of the Transaction Documents shall, unless such consequences are waived by the Independent Directors, be deemed null and void in all jurisdictions as if they had not occurred.”
Amendment to Article X. The second sentence of Section 5b. is hereby amended to read as follows: Otherwise, in no event will any tree having a diameter of six inches or more measured at a point four feet above the earth's surface be removed or harmed without the approval of the Committee.
Amendment to Article X. The following three sentences are hereby inserted as the fifth, sixth and seventh sentences of Subsection 7 c.:
Amendment to Article X. Section 10.1(a) is hereby amended in its entirety by replacing it with the following language: “by mutual written consent of the Company and SPAC, if the Transactions have not been completed by the Termination Date;”
Amendment to Article X. Section 10.2 is hereby amended by replacing the first sentence with the following: “In the event of the termination of this Agreement pursuant to Section 10.1, this Agreement shall forthwith become void and have no effect, without any liability on the part of any party hereto or its respective Affiliates, officers, directors, stockholders, or other Representatives, other than liability of the Company, SPAC or any Acquisition Entity, as the case may be, for any Willful Breach of this Agreement occurring prior to such termination, except that the provisions of this Section 10.2, Section 2.6(f) and Article XI shall survive any termination of this Agreement.
