Common use of Amendments Not Requiring Consent Clause in Contracts

Amendments Not Requiring Consent. The Board may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. An amendment that adds to its own obligations or responsibilities; 11.1.6. A change in the fiscal year or taxable year of the Company and any other changes that the Board determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. A change the Board determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.8. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. A change the Board determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.10. A change that the Board determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. A change the Board determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. An amendment that conforms to the Offering Circular; 11.1.13. Any amendments expressly permitted in this Agreement to be made by the Board acting alone; or 11.1.14. Any other amendment that does not have, and could not reasonably be expected to have, a material adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board of Directors may amend this Agreement without the consent of any Member Stockholder to effect: 11.1.113.1.1. The correction of typographical errors; 11.1.213.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.313.1.3. The admission, substitution, withdrawal, or removal of Members Stockholders in accordance with this Agreement; 11.1.413.1.4. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.513.1.5. An amendment that adds to its own obligations or responsibilities; 11.1.613.1.6. A change in the fiscal year or taxable year of the Company and any other changes that the Board of Directors determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.713.1.7. A change the Board of Directors determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.813.1.8. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.913.1.9. A change the Board of Directors determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.1013.1.10. A change that the Board of Directors determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.1113.1.11. A change the Board of Directors determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. An amendment that conforms to the Offering Circular; 11.1.1313.1.12. Any amendments expressly permitted in this Agreement to be made by the Board of Directors acting alone; or 11.1.1413.1.13. Any other amendment that does not have, and could not reasonably be expected to have, a material an adverse effect on the Investor MembersStockholders.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The creation of additional classes of limited liability company interests pursuant to section 3.1, subject to the preemptive rights of Members set forth in section 3.2; 11.1.4. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.411.1.5. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.511.1.6. An amendment that adds to its own obligations or responsibilities; 11.1.611.1.7. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.711.1.8. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.811.1.9. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.911.1.10. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.1011.1.11. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.1111.1.12. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.1211.1.13. An amendment that conforms to Amendments required by the Offering CircularCompany’s lenders; 11.1.1311.1.14. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.1411.1.15. Any other amendment that does not have, and could not reasonably be expected to have, a material an adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. An amendment the Manager determines to be necessary or appropriate for the Company to qualify as a REIT; 11.1.5. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.511.1.6. An amendment that adds to its own obligations or responsibilities; 11.1.611.1.7. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.711.1.8. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.811.1.9. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.911.1.10. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.1011.1.11. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.1111.1.12. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.1211.1.13. An amendment that conforms to the Offering CircularStatement; 11.1.1311.1.14. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.1411.1.15. Any other amendment that does not have, and could not reasonably be expected to have, a material an adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. An amendment that adds to its own obligations or responsibilities; 11.1.6. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “"investment company” " within the meaning of the Investment Company Act of 1940; 11.1.8. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “"no-action letters” " issued by the Securities and Exchange Commission; 11.1.10. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. An amendment that conforms to the Offering Circular; 11.1.13. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. Any other amendment that does not have, and could not reasonably be expected to have, a material adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. An amendment the Manager determines to be necessary or appropriate for the Company to qualify as a REIT; 11.1.5. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.511.1.6. An amendment that adds to its own obligations or responsibilities; 11.1.611.1.7. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.711.1.8. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.811.1.9. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.911.1.10. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.1011.1.11. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.1111.1.12. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.1211.1.13. An amendment that conforms to the Offering Circular; 11.1.1311.1.14. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.1411.1.15. Any other amendment that does not have, and could not reasonably be expected to have, a material an adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. 12.1.1 The correction of typographical errors; 11.1.2. 12.1.2 A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. 12.1.3 The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. 12.1.4 A change the Manager determines to be necessary or appropriate for the Company to make an election on Form 8832 for tax treatment as a corporation under subchapter C of the Internal Revenue Code and/or qualification as a REIT under section 856(c)(1) under the Code for U.S. federal income tax purposes; provided, however, if the Manager determines in good faith that it is no longer in the best interests of the Company to continue to be qualified as a REIT, the Manager may authorize the Company to revoke or otherwise terminate its REIT election pursuant to Section 856(g) of the Code ; 12.1.5 An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. 12.1.6 An amendment that adds to its own obligations or responsibilities; 11.1.6. 12.1.7 A change in the fiscal year or taxable year of the Company company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. 12.1.8 A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment companyInvestment Company” within the meaning of the Investment Company Act act of 1940; 11.1.8. 12.1.9 A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. 12.1.10 A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.10. 12.1.11 A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. 12.1.12 A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. 12.1.13 An amendment that conforms to the Company’s Offering Circularmaterials; 11.1.13. 12.1.14 Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. 12.1.15 Any other amendment that does not have, and could not reasonably be expected to have, a material an adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. 12.1.1 The correction of typographical errors; 11.1.2. 12.1.2 A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. 12.1.3 The creation of additional classes of limited liability company interests pursuant to section 4.1; 12.1.4 The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. 12.1.5 An amendment the Manager determines to be necessary or appropriate for the Company to qualify as a REIT; 12.1.6 An amendment the Manager deems necessary or appropriate to reflect the division of Preferred Shares into classes; 12.1.7 An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. 12.1.8 An amendment that adds to its own obligations or responsibilities; 11.1.6. 12.1.9 A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. 12.1.10 A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.8. 12.1.11 A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. 12.1.12 A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.10. 12.1.13 A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. 12.1.14 A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. 12.1.15 An amendment that conforms to required by the Offering CircularCompany’s lenders; 11.1.13. 12.1.16 Any amendments amendment expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. 12.1.17 Any other amendment that does not have, and could not reasonably be expected to have, a material adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. 11.1.1 The correction of typographical errors; 11.1.2. 11.1.2 A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. 11.1.3 The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. 11.1.4 An amendment the Manager determines to be necessary or appropriate for the Company to qualify as a REIT; 11.1.5 An amendment the Manager deems necessary or appropriate to reflect the division of Investor Shares into classes; 11.1.6 An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. 11.1.7 An amendment that adds to its own obligations or responsibilities; 11.1.6. 11.1.8 A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. 11.1.9 A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “"investment company” " within the meaning of the Investment Company Act of 1940; 11.1.8. 11.1.10 A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. 11.1.11 A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “"no-action letters” " issued by the Securities and Exchange Commission; 11.1.10. 11.1.12 A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. 11.1.13 A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. 11.1.14 An amendment that conforms to the Offering Circular; 11.1.13. 11.1.15 Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. 11.1.16 Any other amendment that does not have, and could not reasonably be expected to have, a material an adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. An amendment that adds to its own obligations or responsibilities; 11.1.6. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.8. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.10. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. An amendment that conforms to the Offering CircularStatement of the Company qualified by the Securities and Exchange Commission; 11.1.13. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. Any other amendment that does not have, and could not reasonably be expected to have, a material adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. An amendment that adds to its own obligations or responsibilities; 11.1.6. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.8. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.10. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. An amendment that conforms to the Offering Circular; 11.1.13. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. Any other amendment that does not have, and could not reasonably be expected to have, a material adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors;; P a g e | 19 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. An amendment that adds to its own obligations or responsibilities; 11.1.6. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.8. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.10. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. An amendment that conforms to the Offering Circular; 11.1.13. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. Any other amendment that does not have, and could not reasonably be expected to have, a material adverse effect on the Investor Members.. P a g e | 20

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The creation of additional classes of limited liability company interests pursuant to section 3.1; 11.1.4. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.411.1.5. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.511.1.6. An amendment that adds to its own obligations or responsibilities; 11.1.611.1.7. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company;; P a g e | 24 11.1.711.1.8. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.811.1.9. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.911.1.10. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.1011.1.11. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.1111.1.12. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.1211.1.13. An amendment that conforms to the Offering CircularDisclosure Document; 11.1.1311.1.14. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; 11.1.15. Any amendment required by a lender, other than an amendment imposing personal liability on a Class A Member or requiring a Class A Member to make additional Capital Contribution; or 11.1.1411.1.16. Any other amendment that does not have, and could not reasonably be expected to have, a material an adverse effect on the Investor Class A Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. 12.1.1 The correction of typographical errors; 11.1.2. 12.1.2 A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. 12.1.3 The creation of additional classes of limited liability company interests pursuant to section 4.1; 12.1.4 The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. 12.1.5 An amendment the Manager determines to be necessary or appropriate for the Company to qualify as a REIT; 12.1.6 An amendment the Manager deems necessary or appropriate to reflect the division of Preferred Shares into classes; 12.1.7 An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. 12.1.8 An amendment that adds to its own obligations or responsibilities; 11.1.6. 12.1.9 A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. 12.1.10 A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.8. 12.1.11 A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. 12.1.12 A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.10. 12.1.13 A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. 12.1.14 A change to conform to the Disclosure Document; 12.1.15 A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. 12.1.16 An amendment that conforms to required by the Offering CircularCompany’s lenders; 11.1.13. 12.1.17 Any amendments amendment expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. 12.1.18 Any other amendment that does not have, and could not reasonably be expected to have, a material adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. An amendment that adds to its own obligations or responsibilities; 11.1.6. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.8. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.10. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. An amendment that conforms to the Offering CircularCircular of the Company dated January 31, 2017; 11.1.13. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. Any other amendment that does not have, and could not reasonably be expected to have, a material an adverse effect on the Investor Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. An amendment that adds to its own obligations or responsibilities; 11.1.6. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.8. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.10. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. An amendment that conforms to the Offering CircularDisclosure Document; 11.1.13. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. Any other amendment that does not have, and could not reasonably be expected to have, a material an adverse effect on the Investor Class A Members.

Amendments Not Requiring Consent. The Board Manager may amend this Agreement without the consent of any Member to effect: 11.1.1. The correction of typographical errors; 11.1.2. A change in the name of the Company, the location of the principal place of business of the Company, the registered agent of the Company or the registered office of the Company; 11.1.3. The admission, substitution, withdrawal, or removal of Members in accordance with this Agreement; 11.1.4. An amendment that cures ambiguities or inconsistencies in this Agreement; 11.1.5. An amendment that adds to its own obligations or responsibilities; 11.1.6. A change in the fiscal year or taxable year of the Company and any other changes that the Board Manager determines to be necessary or appropriate as a result of a change in the fiscal year or taxable year of the Company; 11.1.7. A change the Board Manager determines to be necessary or appropriate to prevent the Company from being treated as an “investment company” within the meaning of the Investment Company Act of 1940; 11.1.8. A change to facilitate the trading of Shares, including changes required by law or by the rules of a securities exchange; 11.1.9. A change the Board Manager determines to be necessary or appropriate to satisfy any requirements or guidelines contained in any opinion, directive, order, ruling, or regulation of any federal or state agency or judicial authority or contained in any Federal or State statute, including but not limited to “no-action letters” issued by the Securities and Exchange Commission; 11.1.10. A change that the Board Manager determines to be necessary or appropriate to prevent the Company from being subject to the Employee Retirement Income Security Act of 1974; 11.1.11. A change the Board Manager determines to be necessary or appropriate to reflect an investment by the Company in any corporation, partnership, joint venture, limited liability company or other entity; 11.1.12. An amendment that conforms to the Offering Circular; 11.1.13. Any amendments expressly permitted in this Agreement to be made by the Board Manager acting alone; or 11.1.14. Any other amendment that does not have, and could not reasonably be expected to have, a material an adverse effect on the Investor Members.