Common use of Amendments Generally Clause in Contracts

Amendments Generally. Except as otherwise provided in this Section 8, and notwithstanding any contrary provision of the Act, this Agreement may be amended from time to time by the General Partner in its sole discretion; provided, that this Agreement shall not be amended without the affirmative vote of the members of the Fund REIT if such amendment would limit the rights of the members of the Fund REIT of any class or series of shares or would otherwise have an adverse effect on such members of the Fund REIT. If the General Partner desires to amend any provision of this Agreement in a manner that would require the vote or consent of Members, then it shall first adopt a resolution setting forth the amendment proposed, declaring its advisability, and then (i) the REIT Board call a special meeting of the members of the Fund REIT entitled to vote in respect thereof for the consideration of such amendment or (ii) the REIT Board shall seek the written consent of the members of the Fund REIT in accordance with Section 13.6 of the Fund REIT Agreement. Amendments to this Agreement may be proposed only by or with the consent of the REIT Board. Such special meeting shall be called and held upon notice in accordance with Section 13 of the Fund REIT Agreement. The notice shall set forth such amendment in full or a brief summary of the changes to be effected thereby, as the REIT Board shall deem advisable. At the meeting, a vote of members of the Fund REIT entitled to vote thereon shall be taken for and against the proposed amendment. A proposed amendment shall be effective upon its approval by the affirmative vote of the holders of not less than a majority of the class or series of units of the REIT so affected, not including any units of the REIT owned by Jamestown or its Affiliates, voting together as a single class, unless a greater percentage is required under this Agreement or by Delaware law.

Amendments Generally. Except as otherwise provided in this Section 87, and notwithstanding any contrary provision of the Act, this Agreement may be amended from time to time by the General Partner Board in its their sole discretion; provided, that this Agreement shall not be amended without the affirmative vote of the members of the Fund REIT any affected Member if such amendment would limit the rights of the members of the Fund REIT Members of any class or series of shares or would otherwise have an adverse effect on such members of the Fund REITMembers. If the General Partner Board desires to amend any provision of this Agreement in a manner that would require the vote or consent of Members, then it shall first adopt a resolution setting forth the amendment proposed, declaring its advisability, and then (i) the REIT Board call a special meeting of the members of the Fund REIT Members entitled to vote in respect thereof for the consideration of such amendment or (ii) the REIT Board shall seek the written consent of the members of the Fund REIT Members in accordance with Section 13.6 of the Fund REIT Agreement13.6. Amendments to this Agreement may be proposed only by or with the consent of the REIT Board. Such special meeting shall be called and held upon notice in accordance with Section 13 of the Fund REIT this Agreement. The notice shall set forth such amendment in full or a brief summary of the changes to be effected thereby, as the REIT Board shall deem advisable. At the meeting, a vote of members of the Fund REIT Members entitled to vote thereon shall be taken for and against the proposed amendment. A proposed amendment shall be effective upon its approval by the affirmative vote of the holders of not less than a majority of the class or series of units of the REIT Shares so affected, not including any units of the REIT Shares owned by Jamestown or its Affiliates, voting together as a single class, unless a greater percentage is required under this Agreement or by Delaware law.

Amendments Generally. Except as otherwise provided in this Section 8Article XVI, and notwithstanding any contrary provision of the Act, this Agreement may be amended from time to time by the General Partner Board in its sole discretion; provided, that this Agreement shall not be amended without the affirmative vote of the members of the Fund REIT any affected Member if such amendment would limit the rights of the members of the Fund REIT Members of any class or series of shares Units or would otherwise have an adverse effect on such members of the Fund REITMembers. If the General Partner Board desires to amend any provision of this Agreement in a manner that would require the vote or consent of Members, then it shall first adopt a resolution setting forth the amendment proposed, declaring its advisability, and then (i) the REIT Board call a special meeting of the members of the Fund REIT Members entitled to vote in respect thereof for the consideration of such amendment or (ii) the REIT Board shall seek the written consent of the members of the Fund REIT Members in accordance with Section 13.6 3.9 of the Fund REIT this Agreement. Amendments to this Agreement may be proposed only by or with the consent of the REIT Board. Such special meeting shall be called becalled and held upon notice in accordance with Section 13 3.9 of the Fund REIT this Agreement. The notice shall set forth such amendment in full or a brief summary of the changes to be effected affected thereby, as the REIT Board shall deem advisable. At the meeting, a vote of members of the Fund REIT Members entitled to vote thereon shall be taken for and against the proposed amendment. A proposed amendment shall be effective upon its approval by the affirmative vote of the holders of not less than a majority of the class or series of units of the REIT Units so affected, not including any units of the REIT owned by Jamestown or its Affiliates, voting together as a single class, unless a greater percentage is required under this Agreement or by Delaware Georgia law.