Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited liability company agreement, certificate of incorporation or bylaws or other constitutive documents, provided that any amendment to any such constitutive document that would be adverse to any of the Lender Parties shall be deemed “material” for purposes of this Section; and provided further that any amendment to any such constitutive document that would designate such Subsidiary as a “special purpose entity” or otherwise confirm such Subsidiary’s status as a “special purpose entity” shall be deemed “not material” for purposes of this Section.
Appears in 4 contracts
Samples: Credit Agreement (Sunstone Hotel Investors, Inc.), Revolving Credit Agreement (Digital Realty Trust, Inc.), Revolving Credit Agreement (Digital Realty Trust, Inc.)
Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited liability company agreement, partnership agreement, certificate of incorporation or bylaws or other constitutive documents, provided that any amendment to any such constitutive document that would be adverse to any of the Lender Secured Parties shall be deemed “material” for purposes of this Section; and provided further that any amendment to any such constitutive document that would designate such Subsidiary as a “special purpose entity” or otherwise confirm such Subsidiary’s status as a “special purpose entity” shall be deemed “not material” for purposes of this Section.
Appears in 4 contracts
Samples: Credit Agreement (Campus Crest Communities, Inc.), Credit Agreement (Campus Crest Communities, Inc.), Security Agreement (Campus Crest Communities, Inc.)
Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited liability company agreement, certificate of incorporation or bylaws or other constitutive documents, provided that any amendment to any such constitutive document that would be adverse to any of the Lender Secured Parties shall be deemed “material” for purposes of this Section; and provided further that any amendment to any such constitutive document that would designate such Subsidiary as a “special purpose entity” or otherwise confirm such Subsidiary’s status as a “special purpose entity” shall be deemed “not material” for purposes of this Section.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Sunstone Hotel Investors, Inc.), Term Credit Agreement (Sunstone Hotel Investors, Inc.)
Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited liability company agreement, partnership agreement, certificate of incorporation or bylaws or other constitutive documents, provided that any amendment to any such constitutive document that would be adverse to any of the Lender Parties Lenders shall be deemed “material” for purposes of this Section; and provided further that any amendment to any such constitutive document that would designate such Subsidiary as a “special purpose entity” or otherwise confirm such Subsidiary’s status as a “special purpose entity” shall be deemed “not material” for purposes of this Section; and provided still further that any Subsidiary that is not a Loan Party may take any of the foregoing actions to the extent the same could not reasonably be expected to result in a Material Adverse Event.
Appears in 1 contract
Amendments of Constitutive Documents. Amend, No Borrower or permit any of its Subsidiaries to Pledgor will amend, in each case in any material respect, its limited liability company agreement, partnership agreement, certificate of incorporation or bylaws or other constitutive documents, provided that (1) any amendment to any such constitutive document that would be adverse to any of the Lender Secured Parties shall be deemed “material” for purposes of this Section; and provided further that (2) any amendment to any such constitutive document that would designate such Subsidiary a Borrower or Pledgor as a “special purpose entity” or otherwise confirm such SubsidiaryBorrower’s or Pledgor’s status as a “special purpose entity” shall be deemed “not material” for purposes of this Section.
Appears in 1 contract
Samples: Security Agreement (Hospitality Investors Trust, Inc.)
Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited liability company agreement, partnership agreement, certificate of incorporation or bylaws or other constitutive documents, provided that any amendment to any such constitutive document that would be adverse to any of the Lender Parties Lenders shall be deemed “material” for purposes of this Section; and provided further that any amendment to any such constitutive document that would designate such Subsidiary as a “special purpose entity” or otherwise confirm such Subsidiary’s 's status as a “special purpose entity” shall be deemed “not material” for purposes of this Section.
Appears in 1 contract
Amendments of Constitutive Documents. AmendIn the case of Borrower or Parent Guarantor, or permit any of its Subsidiaries to amend, in each case amend in any material respect, its limited liability company agreement, partnership agreement, certificate of incorporation or bylaws or other constitutive documents, provided that any amendment to any such constitutive document that would be adverse to any of the Lender Secured Parties shall be deemed “material” for purposes of this Section; and provided further provided, further, that any amendment to any such constitutive document that would designate such Subsidiary as a “special purpose entity” or otherwise confirm such Subsidiary’s status as a “special purpose entity” shall be deemed “not material” for purposes of this Section.. (i)
Appears in 1 contract
Samples: Credit Agreement (Granite Point Mortgage Trust Inc.)