Amendments to the Amended Agreement Sample Clauses

Amendments to the Amended Agreement. The parties to this Assignment hereby agree to amend the Amended Agreement as follows: (a) With respect to the Specified Mortgage Loans, “Eligible Account” shall mean: Any of (i) an account or accounts maintained with a federal or state chartered depository institution or trust company that is an Eligible Institution, the short-term unsecured debt obligations of which (or, in the case of a depository institution or trust company that is the principal subsidiary of a holding company, the debt obligations of such holding company) have the highest short-term ratings of each Rating Agency at the time any amounts are held on deposit therein, or (ii) a trust account or accounts maintained with the corporate trust department of a federal depository institution or state-chartered depository institution subject to the regulations regarding fiduciary funds on deposit similar to Title 12 of the U.S. Code of Federal Regulations Section 9.10(b) which, in either case, has corporate trust powers and is acting in its fiduciary capacity, or (iii) any other account acceptable to each Rating Agency, as evidenced by a signed writing delivered by each Rating Agency. Eligible Accounts may bear interest, and may include, if otherwise qualified under this definition, accounts maintained with the Trustee, the Paying Agent, the Securities Administrator or the Master Servicer. (b) With respect to the Specified Mortgage Loans, “Eligible Institution” shall mean: An institution having the highest short-term debt rating, and one of the two highest long-term debt ratings of the Rating Agencies or the approval of the Rating Agencies. Upon a downgrade in the rating of an Eligible Institution at which an Eligible Account is held below the required ratings set forth in the definition of Eligible Account, within 30 days of such downgrade, such account will be transferred to an account meeting the requirements of the definition of Eligible Account; provided, however, that this transfer requirement may be waived by the applicable Rating Agency. (c) With respect to the Specified Mortgage Loans, “Permitted Investments” shall mean at any time, any one or more of the following obligations and securities:

Amendments to the Amended Agreement. (a) The definition of “Excess Cash Flow Prepayment” for purposes of the Amended Agreement, as amended by this Amendment, is hereby amended and restated to mean “collectively, the Third Quarter 2012 and Fourth Quarter 2012 Excess Cash Flow Prepayments and the First Quarter 2013 Excess Cash Flow Prepayment”. (b) The definition of “Excess Cash Flow Prepayment Default” for purposes of the Amended Agreement, as amended by this Amendment, is hereby amended and restated to mean “collectively, the Third Quarter 2012 and Fourth Quarter 2012 Excess Cash Flow Prepayment Defaults and the First Quarter 2013 Excess Cash Flow Prepayment Default”. (c) The definition of “Forbearance Termination Event” contained in Section 1 of the Amended Agreement is hereby amended to delete the reference to “May 6, 2013” and replace it with “June 7, 2013”.

Amendments to the Amended Agreement. The Amended Agreement is amended as follows: 1. Clause (B) of the recitals to the Amended Agreement is hereby amended by deleting it in its entirety and replacing it with the following:

Amendments to the Amended Agreement. The Amended Agreement is amended as follows: A. The first sentence of the first paragraph of Section 1 of the Amended Agreement is hereby deleted and replaced in its entirety with the following: “The Company agrees that, from time to time during the term of this Agreement, on the terms and subject to the conditions set forth herein, it may issue and sell through the Placement Agent, acting as agent and/or principal, common shares of beneficial interest of the Company, $0.01 par value per share (the “Common Shares”), having an aggregate offering amount of up to $130,000,000 (the “Securities”), which includes, for the avoidance of doubt, the Common Shares having an aggregate gross sales price of approximately $100,000,000 sold by the Company prior to 4:00 p.m. (eastern time) on January 13, 2025 pursuant to the prospectus supplement filed by the Company with the Commission (as defined below) on November 14, 2023.” B. The first sentence of Section 6(b) of the Amended Agreement is hereby deleted and replaced in its entirety with the following: “Unless otherwise specified in the applicable Placement Notice, settlement for sales of Placement Securities will occur on the first (1st) Business Day that is also a Trading Day following the date on which such sales are made (each, a “Settlement Date”).” C. All references in the Amended Agreement to “Xxxxxx & Xxxxxx L.L.P.” are hereby deleted and replaced with “Dechert LLP”. D. All references in the Amended Agreement to the “Agreement” shall mean the Amended Agreement, as amended by this Amendment No. 2 to the Amended Agreement; provided, however, that all references to “date of this Agreement” in the Amended Agreement shall continue to refer to the date of the Original Agreement, and the reference to “time of execution of this Agreement” set forth in Section 12(a) of the Amended Agreement shall continue to refer to the time of execution of the Original Agreement.

Amendments to the Amended Agreement. The parties to this Assignment hereby agree to amend the Amended Agreement as follows: (a) With respect to the Specified Mortgage Loans, “Permitted Investments” shall mean at any time, any one or more of the following obligations and securities:

Amendments to the Amended Agreement. (a) The definition of “

Amendments to the Amended Agreement. (a) Section 5.5 of the Amended Agreement is hereby amended to read in full as follows:

Amendments to the Amended Agreement. The following amendments to the Amended Agreement shall become effective without further action by either Member immediately from and after the occurrence of the Manager Distributions: (a) Notwithstanding any provision of the Amended Agreement to the contrary, the Manager shall not be entitled to any Incentive Distribution and no Incentive Distribution shall be paid or payable. Accordingly, neither the Incentive Distribution nor any other amount or factor that would be determined or calculated solely for purposes of determining the Incentive Distribution (including without limitation the following: "Applicable NCREIF Index," "Applicable Percentage," "Cash Inflows," "Cash Outflows," "Future Value of each Prior

Amendments to the Amended Agreement. Full or partial amendments to the Amended Agreement may only be made by written agreement of JPC and Aflac.

Amendments to the Amended Agreement. (a) The Amended Agreement is hereby amended by substituting "Signet Bank" for all references to "Signet Bank/Maryland" therein. (b) Section 1.1 of the Amended Agreement is hereby amended by adding the following definitions in appropriate alphabetical order: