Common use of Amendments and Waivers Under Swap Agreement and Guarantee Clause in Contracts

Amendments and Waivers Under Swap Agreement and Guarantee. Without the need for consent of any Unitholder, the Trustee shall enter into any amendment of the Swap Agreement or the Guarantee requested by the Swap Counterparty or the Guarantor, respectively, to cure any ambiguity or manifest error in, or to correct or supplement any provision of, the Swap Agreement or the Guarantee, so long as (i) the Trustee determines that such amendment will not adversely affect the interests of the Unitholders and (ii) the Trustee has received an Opinion of Counsel, at the expense of the Swap Counterparty or the Guarantor, to the effect that such amendment will not adversely affect the interests of the Unitholders and will not alter the classification of the Trust for Federal income tax purposes. The Trustee shall not agree to any other request from the Swap Counterparty or the Guarantor for approval of any consent, waiver or other modification of the Swap Agreement or the Guarantee without the unanimous consent of the Unitholders and compliance with clause (ii) of the preceding sentence.