Amendment to Section 5.3. Section 5.3 of the LLC Agreement is hereby amended by added the following phrase prior to paragraph (a) thereof (to apply to paragraphs (a) through (g) thereof): “Subject to the rights of the holders of Class C Units set forth in Section 4 of Exhibit C attached hereto and the rights of holders of any other class of series of Units hereafter created and issued by the Manager,”
Amendment to Section 5.3. Section 5.3 is hereby deleted in its entirety and restated as follows:
Amendment to Section 5.3. Section 5.3 of the Existing Credit Agreement is hereby amended by adding the following at the end thereof: “The Company shall be deemed to have furnished such information, document or report to each Bank when it is filed with the Securities and Exchange Commission and posted on its XXXXX system.”.
Amendment to Section 5.3. Section 5.3 of the Agreement is hereby amended by replacing the section in its entirety with the following language:
Amendment to Section 5.3. Section 5.3 is hereby amended to add Camden Summit Partnership, L.P. after Camden Realty, Inc in the first sentence thereof and to delete in its entirety the second sentence and to replace it with the following: Borrower will promptly notify Administrative Agent of the formation of any material new Consolidated Subsidiary and all assets owned or to be owned by such Consolidated Subsidiary (and, in any event, will disclose with the quarterly financial information provided to Administrative Agent, all Consolidated Subsidiaries formed during the fiscal quarter then ending) and shall cause each such Consolidated Subsidiary, as soon as practically possible, to execute and deliver to Administrative Agent for the benefit of Lenders a Guaranty Agreement (substantially in the form of Exhibit F) and a Contribution Agreement in the form of Exhibit G (or supplement thereto).
Amendment to Section 5.3. Section 5.3 of the Agreement is hereby amended and replaced in its entirety as follows:
Amendment to Section 5.3. Section 5.3 of the Loan Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 5.3. Section 5.3 of the Credit Agreement is hereby amended and restated as follows:
(a) duly pay and discharge all material taxes, assessments, fees and governmental charges upon or against it or its Properties, and (b) shall cause each of their Subsidiaries (other than immaterial Subsidiaries) to duly pay and discharge, all material taxes, assessments, fees and governmental charges upon or against it or its Properties, in each case before the same become delinquent and before penalties accrue thereon, unless and to the extent that the same are being contested in good faith and by appropriate proceedings which prevent enforcement of the matter under contest and adequate reserves in accordance with GAAP are provided therefor.
Amendment to Section 5.3. Section 5.3(f) of the CLA is hereby amended in its entirety to read as follows:
Amendment to Section 5.3. Section 5.3 of the Agreement is hereby amended and restated as follows: With the consent of the General Partner, any Limited Partner may, but shall not be obligated to, make additional Capital Contributions to the Partnership. Contemporaneously with the making of any Capital Contributions by a Limited Partner, in addition to those provided in Sections 5.1 and 5.2, the General Partner shall be obligated to make an additional Capital Contribution to the Partnership in an amount equal to 1.0 divided by 99.0 times the amount of the additional Capital Contribution then made by such Limited Partner; provided however, that with respect to the Capital Contribution in the amount of $164,663 required hereunder in connection with the MLP’s capital contribution on or about January 14, 2010, the General Partner shall not be required to make such Capital Contribution until it has received aggregate distributions under Section 6.3(a) hereof, beginning with the first Quarter of 2010, sufficient to fund the required Capital Contribution (such period, ending on the date the required Capital Contribution is paid, the “Waiver Period”). Except as set forth in the immediately preceding sentence and in Article XII, the General Partner shall not be obligated to make any additional Capital Contributions to the Partnership.
