Amendment to Section 4.9 is hereby amended by adding subsections (g), (h) and (i) to read as follows:
Amendment to Section 4.9. Section 4.9 of the Credit Agreement is hereby deleted in its entirety, and the following substituted therefor:
Amendment to Section 4.9. 1. Section 4.9.1 of the Agreement is hereby amended and restated in its entirety to read as follows: "The Proxy Statement and any Other Filings, and any amendments or supplements thereto, at (A) the time the Registration Statement is declared effective, (B) the time the Proxy Statement (or any amendment thereof or supplement thereto) is first mailed to the stockholders of the Company, (C) if applicable, the time the Proxy Statement (or any amendment thereof or supplement thereto) is first mailed to stockholders of Parent, (D) the time of the Company Stockholders' Meeting, and (E) the Effective Time, will comply as to form in all material respects with the applicable requirements of the Securities Act, the Exchange Act and other applicable Laws."
Amendment to Section 4.9. Section 4.9 of the Agreement is hereby amended in its entirety as follows:
Amendment to Section 4.9 a. The first sentence of Section 4.9 of the Original Agreement shall be amended by deleting the words “and Parent Unitholders” and the words “and Parent Unitholders Meeting”.
b. The first sentence of Section 4.9 of the Original Agreement shall be amended by inserting the word “and” prior to clause (b) thereof and deleting in its entirety clause (c).
c. The last sentence of Section 4.9 of the Original Agreement shall be amended by replacing the words “, Proxy Statement and the Schedule 13E-3” with “and Proxy Statement”.
Amendment to Section 4.9. Section 4.9(m) of the Merger Agreement is hereby deleted in its entirety and replaced with the following:
Amendment to Section 4.9 is hereby amended by adding subsections (g), (h) and (i) to read as follows: (g) 3.00% selling commissions for each Class T2 OP Unit (other than Class T2 OP Units issued in connection with Class T2 REIT Shares purchased through the General Partner’s distribution reinvestment plan)
Amendment to Section 4.9. Section 4.9 of the Consolidated Loan Agreement is hereby deleted and the following substituted in lieu thereof:
Amendment to Section 4.9. Section 4.9 of the BCA is hereby amended by inserting at the end of such Section a new Section 4.9(h) that reads as follows:
Amendment to Section 4.9. Effective as of the date hereof, Section 4.9 is hereby amended by adding the following paragraph (d):
