Amendment to Section 105 of the Original Indenture. Section 105 of the Original Indenture is amended by adding the following paragraph at the end of Section 105: “In addition to the foregoing, the Trustee agrees to accept and act upon notice, instructions or directions pursuant to this Indenture sent by unsecured email, facsimile transmission or other similar unsecured electronic methods. If the party elects to give the Trustee email or facsimile instructions (or instructions by a similar electronic method), the Trustee’s understanding of such instructions shall be deemed controlling. The Trustee shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trustee’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The party providing electronic instructions agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized instructions, and the risk or interception and misuse by third parties.” SECTION 304.
Amendment to Section 105 of the Original Indenture. Subparagraph (1) of Section 105 of the Original Indenture is hereby amended, solely insofar as relates to the Notes, by adding the text “or CRLP” immediately after the words “the Guarantor” in such subparagraph (1); and subparagraph (2) of Section 105 of the Original Indenture is hereby amended, solely insofar as relates to the Notes, by adding the text “or CRLP” immediately after the words “the Operating Partnership” appearing in the first line of such subparagraph (2).
