Amendment to Section 2.5. Section 2.5 of the Forbearance Agreement is hereby amended in its entirety to read as follows:
Amendment to Section 2.5. Section 2.5 of the Contribution Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.5. Section 2.5 of the Existing Credit Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to Section 2.5. Section 2.5 of the Original Agreement is hereby deleted in its entirety and shall be replaced by the following new Section 2.5:
Amendment to Section 2.5. Section 2.5 of the Contribution Agreement shall be amended by adding the following new Section 2.5(c):
Amendment to Section 2.5 a. Section 2.5 of the JOA is hereby deleted in its entirety and replaced with the following:
Amendment to Section 2.5. Section 2.5 of the Gathering Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 2.5. 2. A new sentence is hereby added to the end of Section 25.2 of the Agreement, effective as of the date hereof, to read as follows: “The amount of expenses eligible for reimbursement or in-kind benefits provided during the calendar year shall not affect the expenses eligible for reimbursement or in-kind benefits to be provided in any other calendar year.”
Amendment to Section 2.5. Section 2.5 of the Merger Agreement is hereby deleted and replaced in its entirety with the following: Transaction Structure. Notwithstanding anything in this Agreement to the contrary, the Company Parties shall cooperate with and agree to any reasonable changes requested by Parent solely regarding the structure or steps of the transactions contemplated by this Article II (such cooperation shall include entering into appropriate amendments to this Agreement to reflect such reasonable changes) (the “Requested Changes”); provided that (a) any such Requested Changes would not reasonably be expected to have an adverse effect on the Company or any Company Subsidiary or the holders of the Company Common Stock, Partnership OP Units, Series A Preferred Units or Company Equity Awards, including any change to the form or amount of consideration to be received by holders of the Company Common Stock, Partnership OP Units, Series A Preferred Units or any Company Equity Awards, (b) none of the Requested Changes shall delay or prevent the Closing, (c) any amendments required to implement the Requested Changes must be made in accordance with Section 9.5, (d) none of the Company, the Partnership or any of their Subsidiaries (including all Company Subsidiaries) shall be required to take any action in contravention of any Laws, its organizational documents or any Company Material Contract, (e) the implementation of any such Requested Changes shall be contingent upon the receipt by the Company of a written notice from Parent confirming that all of the conditions set forth in Article VIII, other than such conditions that are to be satisfied at the Closing and the condition set forth in Section 8.1(a), have been satisfied (or, at the option of Parent, waived) and that the Parent Parties are prepared to proceed promptly following receipt of the approvals set forth in Section 8.1(a) with the Closing and any other evidence reasonably requested by the Company that the Closing will occur, (f) the Requested Changes (or the inability to complete the Requested Changes) shall not affect or modify in any respect the obligations of the Parent Parties under this Agreement, including payment of any consideration hereunder, (g) neither the Company nor any Company Subsidiary shall be required to take any such action that could adversely affect the classification of the Company as, or its qualification for taxation as, a REIT, and (h) neither the Company nor any Company Subsidiary shall be req...
Amendment to Section 2.5. Section 25 of the Rights Agreement is hereby amended by (a) deleting the address “00 Xxxxxxx Xxxx, Xxx Xxxxx, Xxxxxxxxxxx 00000” and replacing it with “000 Xxxxxxx Xxxxx, Xxxxxxxx, Xxxxxxxxxxx 00000”, (x) deleting the address “0 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000” and replacing it with “00 Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000” and (c) replacing “Attention: Secretary” with “Attention: General Counsel”.
