Common use of Certain Amendment Requirements Clause in Contracts

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 and Section 9.3, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 and Section 9.3, but subject to Section 9.2, no amendment to this Agreement may: (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c); (ii) change Section 8.1(a); (iii) change the term of the Company; or, (iv) except as set forth in ‎Section 8.1(a), give any Person the right to dissolve the Company.

Appears in 26 contracts

Samples: Operating Agreement (Groundfloor Loans 1, LLC), Operating Agreement (Groundfloor Loans 1, LLC), Operating Agreement (Arrived Debt Fund, LLC)

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Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 and Section 9.3, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 and Section 9.3, but subject to Section 9.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c); , (ii) change Section 8.1(a); , (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section 8.1(a), give any Person the right to dissolve the Company.

Appears in 22 contracts

Samples: Operating Agreement (Fundrise East Coast Opportunistic REIT, LLC), Operating Agreement (Fundrise Growth eREIT III, LLC), Operating Agreement (Fundrise Midland Opportunistic REIT, LLC)

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 and Section 9.3, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 and Section 9.3, but subject to Section 9.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c); , (ii) change Section 8.1(a); , (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section Section 8.1(a), give any Person the right to dissolve the Company.

Appears in 20 contracts

Samples: Operating Agreement (Fundrise Growth eREIT III, LLC), Operating Agreement (Fundrise Equity REIT, LLC), Operating Agreement (Fundrise Development eREIT, LLC)

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 and Section 9.3, no provision of this Agreement that establishes a percentage of Outstanding Shares Units required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares Units whose aggregate Outstanding Shares Units constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 and Section 9.3, but subject to Section 9.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c); , (ii) change Section 8.1(a); , (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section 8.1(a), give any Person the right to dissolve the Company.

Appears in 9 contracts

Samples: Limited Liability Company Agreement (One Chestnut Realty LLC), Limited Liability Company Agreement (One Chestnut Realty LLC), Limited Liability Company Agreement (Solis Seattle, LLC)

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 and Section 9.3, no provision of this Agreement that establishes a percentage of Outstanding Shares Units required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares Units whose aggregate Outstanding Shares Units constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 and Section 9.3, but subject to Section 9.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c); , (ii) change Section 8.1(a); , (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section Section 8.1(a), give any Person the right to dissolve the Company.

Appears in 8 contracts

Samples: Limited Liability Company Agreement (Birgo Reiturn Fund LLC), Limited Liability Company Agreement (Birgo Reiturn Fund LLC), Limited Liability Company Agreement (Birgo Reiturn Fund Manager LLC)

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 8.1 and Section 9.38.3, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 8.1 and Section 9.38.3, but subject to Section 9.28.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c8.3.(c); , (ii) change Section 8.1(a7.1.(a); , (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section 8.1(a7.1.(a), give any Person the right to dissolve the Company.

Appears in 5 contracts

Samples: Operating Agreement (Fundrise National for-Sale Housing eFund, LLC), Operating Agreement (Fundrise for-Sale Housing eFUND - Washington DC, LLC), Operating Agreement (Fundrise for-Sale Housing eFUND - Los Angeles CA, LLC)

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 and Section 9.3, no provision of this Agreement that establishes a percentage of Outstanding Shares Bits required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares Bits whose aggregate Outstanding Shares Bits constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 and Section 9.3, but subject to Section 9.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c); , (ii) change Section 8.1(a); , (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section 8.1(a), give any Person the right to dissolve the Company.

Appears in 3 contracts

Samples: Operating Agreement (Building Bits Properties I, LLC), Operating Agreement (Building Bits Properties I, LLC), Operating Agreement (Building Bits Properties I, LLC)

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 8.1 and Section 9.38.3, no provision of this Agreement that establishes a percentage of Outstanding outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding outstanding Shares whose aggregate Outstanding outstanding Shares constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 8.1 and Section 9.38.3, but subject to Section 9.28.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c8..3(c); , (ii) change Section 8.1(a); 7.1, (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section 8.1(a)Section 7.1, give any Person the right to dissolve the Company.

Appears in 2 contracts

Samples: Operating Agreement (LODE Payments International LLC), Operating Agreement (StartEngine Real Estate REIT 1 LLC)

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Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 and Section 9.3, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 and Section 9.3, but subject to Section 9.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c9.3.(c); , (ii) change Section 8.1(a8.1.(a); , (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section 8.1(a8.1.(a), give any Person the right to dissolve the Company.

Appears in 1 contract

Samples: Operating Agreement (Fundrise Equity REIT, LLC)

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 8.1 and Section 9.38.3, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 8.1 and Section 9.38.3, but subject to Section 9.28.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c8.3(c); , (ii) change Section 8.1(a7.1(a); , (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section 8.1(a7.1(a), give any Person the right to dissolve the Company.

Appears in 1 contract

Samples: Operating Agreement (Fundrise eFund, LLC)

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 and Section 9.39.2, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 and Section 9.3, but subject to Section 9.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c9.2(c); , (ii) change Section 8.1(a); , (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section 8.1(a), give any Person the right to dissolve the Company.

Appears in 1 contract

Samples: Operating Agreement (Ys Re Raf I LLC)

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 8.1 and Section 9.38.3, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 8.1 and Section 9.38.3, but subject to Section 9.28.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c8.3(c); , (ii) change Section 8.1(a7.1(a); , (iii) change the term of the Company; Company or, , (iv) except as set forth in ‎Section 8.1(aSection 7.1(a), give any Person the right to dissolve the Company.

Appears in 1 contract

Samples: Operating Agreement (Fundrise eFund, LLC)

Certain Amendment Requirements. (a) Notwithstanding the provisions of Section 9.1 and Section 9.39.2, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced. (b) Notwithstanding the provisions of Section 9.1 and Section 9.3, but subject to Section 9.2, no amendment to this Agreement may: may (i) enlarge the obligations of any Member without its consent, unless such shall be deemed to have occurred as a result of an amendment approved pursuant to Section 9.3(c9.2(c); , (ii) change Section 8.1(a); , (iii) change the term of the Company; or, Company or (iv) except as set forth in ‎Section 8.1(a), give any Person the right to dissolve the Company.

Appears in 1 contract

Samples: Operating Agreement (Landa Financing LLC)

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