Common use of Amendment Without the Consent of the Limited Partners Clause in Contracts

Amendment Without the Consent of the Limited Partners. The ability of the General Partner to amend this Agreement without the consent of the Limited Partners, pursuant to Section 12.1, includes, but is not limited to, any amendment to: (a) add or modify a distribution reinvestment plan for the General Partner or the Partnership; (b) modify the allocation provisions of the Agreement to comply with Code Section 704(b) or 704(c); (c) add to the representations, duties, services or obligations of the General Partner or any Affiliates for the benefit of the Limited Partners; (d) cure any ambiguity or mistake, correct or supplement any provision in the Agreement that may be inconsistent with any other provision, or make any other provision with respect to matters or questions arising under the Agreement that will not be inconsistent with the provisions of the Agreement; (e) amend the Agreement to reflect the addition or substitution of Limited Partners or the reduction of the Capital Accounts upon the return of capital to the Limited Partners; (f) minimize the adverse impact of, or comply with, any “plan assets” for ERISA purposes; (g) execute, acknowledge and deliver any and all instruments to effectuate the foregoing, including the execution, acknowledgment and delivery of any such instrument by the attorney-in-fact for the General Partner under a special or limited power of attorney and to take all such actions in connection therewith as the General Partner deems necessary or appropriate with the signature of the General Partner acting alone; (h) change the name and/or principal place of business of the Partnership; (i) decrease the rights and powers of the General Partner (so long as such decrease does not impair the ability of the General Partner to manage the Partnership and conduct its business affairs); (j) sell preferred units and other securities and admit preferred limited partners and other limited partners to the Partnership, subject to any consent rights expressly provided to holders of Preferred Units in this Agreement, or any amendment thereto; (k) make any changes necessary or advisable to enable the General Partner to qualify or maintain its status as a REIT; (l) establish or amend exchange rights for the exchange of Units for an equivalent number of REIT Shares; (m) establish or amend a Unit repurchase program; or (n) make any changes necessary or advisable to satisfy concerns of the Commission, any state securities regulator or any stock exchange in connection with a securities offering by the General Partner or otherwise. No amendment will be adopted pursuant to Sections 12.2(j) or 12.2(n) without the consent of the Limited Partners unless the adoption thereof (i) is for the benefit of and not adverse to the interests of the Limited Partners and (ii) does not affect the limited liability of the Limited Partners or the status of the Partnership as a partnership for federal income tax purposes.

Amendment Without the Consent of the Limited Partners. The ability of the General Partner to amend this Agreement without the consent of the Limited Partners, pursuant to Section 12.1, includes, but is not limited to, any amendment to: (a) 12.2.1 add or modify a distribution reinvestment plan for the General Partner or the Partnership; (b) 12.2.2 modify the allocation provisions of the Agreement to comply with Code Section 704(b) or 704(c); (c) 12.2.3 add to the representations, duties, services or obligations of the General Partner or any Affiliates for the benefit of the Limited Partners; (d) 12.2.4 cure any ambiguity or mistake, correct or supplement any provision in the Agreement that may be inconsistent with any other provision, or make any other provision with respect to matters or questions arising under the Agreement that will not be inconsistent with the provisions of the Agreement; (e) 12.2.5 amend the Agreement to reflect the addition or substitution of Limited Partners or the reduction of the Capital Accounts upon the return of capital to the Limited Partners; (f) 12.2.6 minimize the adverse impact of, or comply with, any “plan assets” for ERISA purposes; (g) 12.2.7 execute, acknowledge and deliver any and all instruments to effectuate the foregoing, including the execution, acknowledgment and delivery of any such instrument by the attorney-in-fact for the General Partner under a special or limited power of attorney and to take all such actions in connection therewith as the General Partner deems necessary or appropriate with the signature of the General Partner acting alone; (h) 12.2.8 change the name and/or principal place of business of the Partnership; (i) 12.2.9 decrease the rights and powers of the General Partner (so long as such decrease does not impair the ability of the General Partner to manage the Partnership and conduct its business affairs); (j) 12.2.10 sell preferred units and other securities and admit preferred limited partners and other limited partners to the Partnership, subject to any consent rights expressly provided to holders of Preferred Units in this Agreement, or any amendment thereto; (k) 12.2.11 make any changes necessary or advisable to enable the General Partner CCI to qualify or maintain its status as a REIT; (l) 12.2.12 establish or amend exchange rights for the exchange of Units for an equivalent number of REIT Shares; (m) 12.2.13 establish or amend a Unit repurchase program; or (n) 12.2.14 make any changes necessary or advisable to satisfy concerns of the Commission, any state securities regulator or any stock exchange in connection with a securities offering by the General Partner or otherwise. . 12.2.15 No amendment will be adopted pursuant to Sections 12.2(j) 12.2.10 or 12.2(n) 12.2.14 without the consent of the Limited Partners unless the adoption thereof (i) is for the benefit of and not adverse to the interests of the Limited Partners Partnership and (ii) does not affect the limited liability of the Limited Partners or the status of the Partnership as a partnership for federal income tax purposes.

Amendment Without the Consent of the Limited Partners. The ability of the General Partner to amend this Agreement Partner, without the consent of the Limited Partners, pursuant to Section 12.1, includes, but is not limited to, may amend this Agreement for any amendment to: (a) 11.2.1 add or modify a distribution reinvestment plan for the General Partner or the Partnership; (b) 11.2.2 modify the allocation provisions of the Agreement to comply with Code Section 704(b) or 704(c); (c) 11.2.3 add to the representations, duties, services or obligations of the General Partner or any Affiliates for the benefit of the Limited Partners; (d) 11.2.4 cure any ambiguity or mistake, correct or supplement any provision in the Agreement that may be inconsistent with any other provision, or make any other provision with respect to matters or questions arising under the Agreement that will not be inconsistent with the provisions of the Agreement; (e) 11.2.5 amend the Agreement to reflect the addition or substitution of Limited Partners or the reduction of the Capital Accounts upon the return of capital to the Limited Partners; (f) 11.2.6 minimize the adverse impact of, or comply with, any “plan assets” for ERISA purposes; (g) 11.2.7 execute, acknowledge and deliver any and all instruments to effectuate the foregoing, including the execution, acknowledgment and delivery of any such instrument by the attorney-in-fact for the General Partner under a special or limited power of attorney and to take all such actions in connection therewith as the General Partner deems necessary or appropriate with the signature of the General Partner acting alone; (h) 11.2.8 change the name and/or principal place of business of the Partnership; (i) 11.2.9 decrease the rights and powers of the General Partner (so long as such decrease does not impair the ability of the General Partner to manage the Partnership and conduct its business affairs); (j) 11.2.10 sell preferred units and other securities and admit preferred limited partners and other limited partners to the Partnership, subject to any consent rights expressly provided to holders of Preferred Units in this Agreement, or any amendment thereto; (k) 11.2.11 make any changes necessary or advisable to enable the General Partner to qualify or maintain its status as a REIT; (l) 11.2.12 establish or amend exchange rights for the exchange of Units for an equivalent number of REIT Shares; (m) 11.2.13 establish or amend a Unit repurchase program; or; (n) 11.2.14 make any changes necessary or advisable to satisfy concerns of the Commission, any state securities regulator or any stock exchange in connection with a securities offering by the General Partner or otherwise; or 11.2.15 enter into a merger or other business combination. No amendment will be adopted pursuant to Sections 12.2(j) 11.2.9 or 12.2(n) without the consent of the Limited Partners 11.2.13 unless approved by a Majority Vote unless the adoption thereof (i) is for the benefit of and not adverse to the interests of the Limited Partners as determined by the General Partner and (ii) does not affect the limited liability of the Limited Partners or the status of the Partnership as a partnership for federal income tax purposes.

Amendment Without the Consent of the Limited Partners. The ability of the General Partner to amend this Agreement without the consent of the Limited Partners, pursuant to Section 12.1, includes, but is not limited to, any amendment to: (a) 12.2.1 add or modify a distribution reinvestment plan for the General Partner or the Partnership; (b) 12.2.2 modify the allocation provisions of the Agreement to comply with Code Section 704(b) or 704(c); (c) 12.2.3 add to the representations, duties, services or obligations of the General Partner or any Affiliates for the benefit of the Limited Partners; (d) 12.2.4 cure any ambiguity or mistake, correct or supplement any provision in the Agreement that may be inconsistent with any other provision, or make any other provision with respect to matters or questions arising under the Agreement that will not be inconsistent with the provisions of the Agreement; (e) 12.2.5 amend the Agreement to reflect the addition or substitution of Limited Partners or the reduction of the Capital Accounts upon the return of capital to the Limited Partners; (f) 12.2.6 minimize the adverse impact of, or comply with, any “plan assets” for ERISA purposes; (g) 12.2.7 execute, acknowledge and deliver any and all instruments to effectuate the foregoing, including the execution, acknowledgment and delivery of any such instrument by the attorney-in-fact for the General Partner under a special or limited power of attorney and to take all such actions in connection therewith as the General Partner deems necessary or appropriate with the signature of the General Partner acting alone; (h) 12.2.8 change the name and/or principal place of business of the Partnership; (i) 12.2.9 decrease the rights and powers of the General Partner (so long as such decrease does not impair the ability of the General Partner to manage the Partnership and conduct its business affairs); (j) 12.2.10 sell preferred units and other securities and admit preferred limited partners and other limited partners to the Partnership, subject to any consent rights expressly provided to holders of Preferred Units in this Agreement, or any amendment thereto; (k) 12.2.11 make any changes necessary or advisable to enable the General Partner to qualify or maintain its status as a REIT; (l) 12.2.12 establish or amend exchange rights for the exchange of Units for an equivalent number of REIT Shares; (m) 12.2.13 establish or amend a Unit repurchase program; or (n) 12.2.14 make any changes necessary or advisable to satisfy concerns of the Commission, any state securities regulator or any stock exchange in connection with a securities offering by the General Partner or otherwise. . 12.2.15 No amendment will be adopted pursuant to Sections 12.2(j) 12.2.10 or 12.2(n) 12.2.14 without the consent of the Limited Partners unless the adoption thereof (i) is for the benefit of and not adverse to the interests of the Limited Partners and (ii) does not affect the limited liability of the Limited Partners or the status of the Partnership as a partnership for federal income tax purposes.

Amendment Without the Consent of the Limited Partners. The ability of the General Partner to amend this Agreement without the consent of the Limited Partners, pursuant to Section 12.1, includes, but is not limited to, any amendment to: (a) 12.2.1 add or modify a distribution reinvestment plan for the General Partner or the Partnership; (b) 12.2.2 modify the allocation provisions of the Agreement to comply with Code Section 704(b) or 704(c); (c) 12.2.3 add to the representations, duties, services or obligations of the General Partner or any Affiliates for the benefit of the Limited Partners; (d) 12.2.4 cure any ambiguity or mistake, correct or supplement any provision in the Agreement that may be inconsistent with any other provision, or make any other provision with respect to matters or questions arising under the Agreement that will not be inconsistent with the provisions of the Agreement; (e) 12.2.5 amend the Agreement to reflect the addition or substitution of Limited Partners or the reduction of the Capital Accounts upon the return of capital to the Limited Partners; (f) 12.2.6 minimize the adverse impact of, or comply with, any “plan assets” for ERISA purposes; (g) 12.2.7 execute, acknowledge and deliver any and all instruments to effectuate the foregoing, including the execution, acknowledgment and delivery of any such instrument by the attorney-in-fact for the General Partner under a special or limited power of attorney and to take all such actions in connection therewith as the General Partner deems necessary or appropriate with the signature of the General Partner acting alone;; ​ (h) 12.2.8 change the name and/or principal place of business of the Partnership; (i) 12.2.9 decrease the rights and powers of the General Partner (so long as such decrease does not impair the ability of the General Partner to manage the Partnership and conduct its business affairs); (j) 12.2.10 sell preferred units and other securities and admit preferred limited partners and other limited partners to the Partnership, subject to any consent rights expressly provided to holders of Preferred Units in this Agreement, or any amendment thereto; (k) 12.2.11 make any changes necessary or advisable to enable the General Partner to qualify or maintain its status as a REIT; (l) 12.2.12 establish or amend exchange rights for the exchange of Partnership Units for an equivalent number of REIT Shares; (m) 12.2.13 establish or amend a Partnership Unit repurchase program; or (n) 12.2.14 make any changes necessary or advisable to satisfy concerns of the Commission, any state securities regulator or any stock exchange in connection with a securities offering by the General Partner or otherwise. . 12.2.15 No amendment will be adopted pursuant to Sections 12.2(j) 12.2.10 or 12.2(n) 12.2.14 without the consent of the Limited Partners unless the adoption thereof (i) is for the benefit of and not adverse to the interests of the Limited Partners and (ii) does not affect the limited liability of the Limited Partners or the status of the Partnership as a partnership for federal income tax purposes.