Amendments to Section 13. 2. Section 13.2 (b) and (c) of the Pooling and Servicing Agreement shall be amended to read in their entirety as follows:
Amendments to Section 13. 01. Section 13.01 of the Purchase Agreement is hereby further amended by adding thereto the following definitions in proper alphabetical order:
Amendments to Section 13. (a) The provisions of Sections 13.1, 13.2 and 13.6 shall apply only to Tranche A Lenders and Tranche A Loans.,
Amendments to Section 13. (a) Subsection (a) of Section 13 of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following text:
Amendments to Section 13. 07(a) of the Credit Agreement. Section 13.07(a) of the Credit Agreement is hereby amended by deleting the second proviso thereof in its entirety.
Amendments to Section 13. 16 of the Credit Agreement.
Amendments to Section 13. Section 13 of the Agreement is hereby ------------------------ amended by inserting the following immediately after subsection (j) at the end thereof:
Amendments to Section 13. Section 1.3 of the Credit Agreement is hereby deleted in its entirety and the following is inserted in replacement thereof:
Amendments to Section 13. Section 13 of the Equity Distribution Agreement is amended and restated as follows: All statements, requests, notices and agreements hereunder shall be in writing, and if to the Placement Agents shall be delivered or sent by mail or overnight mail to: Xxxxx, Xxxxxxxx & Xxxxx, Inc. at 000 Xxxxx Xxxxxx, 8th Floor, New York, New York 10281, Attention: Transaction Management, facsimile: 000-000-0000; Xxxxxxxxx LLC, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: General Counsel; JMP Securities LLC, 000 Xxxxxxxxxx Xxxxxx, Suite 1100, San Francisco, California 94111, Facsimile: (000) 000-0000, Attention: Equity Securities; and Xxxxxxx Xxxxx & Associates, Inc. at 000 Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxxx, Xxxxxxx 00000, facsimile No. (000) 000-0000 and (000) 000-0000, Attention: Xxxxx X. Xxxxxx, Managing Director/Financial Services Investment Banking and Xxxxxx Xxxxxxx, General Counsel/Global Equities & Investment Banking, with a copy to Dechert LLP, 0000 X Xxxxxx XX, Xxxxxxxxxx, XX 00000, Attention: Xxxxxxx Xxxxxx and if to the Company, the Adviser or the Administrator shall be delivered or sent by mail or overnight mail to the Company at 000 Xxxxx Xxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, Attention: Secretary, with a copy to Xxxxxxxx & Xxxxx LLP at 0000 Xxxxxxxxxxxx Xxx, X.X., Xxxxxxxxxx, XX 00000, Attention: Xxxxxxx X. Xxxxxx, P.C.
Amendments to Section 13. (a) The introductory paragraph of SECTION 13 is hereby amended by adding the following sentences to the end thereof: "Notwithstanding anything to the contrary in this Agreement, the Agent's responsibilities under this Agreement with respect to the maintenance and repair of the Project are subject to the availability of funds of the Project and to generally accepted standards of reasonableness with regard to the nature and timing of repairs, and such responsibilities do not include construction or rehabilitation work that is beyond the scope of usual and customary maintenance and repairs."
