Execution of Amendment to CCS Funding, LLC JV Agreement Sample Clauses

Execution of Amendment to CCS Funding, LLC JV Agreement. Simultaneously with or following the execution of the purchase agreements with respect to the matters described in Sections 1.d and 1.e above, the partners to the CCS Funding, LLC joint venture and the VGP Funding, LLC joint venture shall be entitled to enter into an amendment to each of the CCS Funding, LLC joint venture agreement and the VGP LLC Agreement as reasonably approved by the Purchaser Parties to provide that: (a) if Autumn Creek Property is not sold by August 31, 2015 (or such earlier date as agreed to by the partners to the CCS Funding, LLC joint venture in the applicable amendment), the CCS Funding, LLC joint venture will distribute to the GE Partner therein 100% of the interests in the Subsidiary that owns the Autumn Creek Property (and thereafter, the partners to the CCS Funding, LLC joint venture shall be entitled to consummate the transactions contemplated by Section 1.e above); and (b) if the third party partner to the CCS Funding, LLC joint venture and the VGP Funding, LLC joint venture does not complete the purchase of the GE Partner’s interest in the CCS Funding, LLC joint venture and the VGP Funding, LLC joint venture, then the GE Partner may unilaterally elect to take control of the CCS Funding, LLC joint venture and the VGP Funding, LLC joint venture. The GE Partner shall then have unilateral control over any sales (and the timing of any sales) of the assets of the CCS Funding, LLC joint venture and the non-GE Partner shall have no obligation to contribute future capital for operating shortfalls. In the event the GE Partner takes control of the Autumn Creek Property, then such Property shall become a Transferred Property in accordance with the provisions of the Purchase Agreement, as amended (provided that the Parties acknowledge and agree that, in the event that the Autumn Creek Property becomes a Transferred Property under the Purchase Agreement, then any loans encumbering such Property shall constitute an “Existing Loan” for all purposes of the Purchase Agreement and such Property shall be Transferred to the applicable Purchaser Party subject to such Existing Loan). In addition, in the event that the GE Partner takes control of the CCS Funding, LLC joint venture, then the Properties owned by such CCS Funding, LLC joint venture shall become Transferred Properties in accordance with the provisions of the Purchase Agreement, as amended (provided that the Parties acknowledge and agree that, in the event that the any such Property ow...
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Related to Execution of Amendment to CCS Funding, LLC JV Agreement

  • Execution of Amendment Submission of this Amendment by Landlord is not an offer to enter into this Amendment but rather is a solicitation for such an offer by Tenant. Landlord shall not be bound by this Amendment until Landlord has executed and delivered the same to Tenant.

  • Amendments to Financing Agreement Subject to the satisfaction of the conditions precedent set forth in Section 4 hereof, the Financing Agreement shall be amended as follows: (a) Section 1.01 of the Financing Agreement is hereby amended by adding the following defined terms in appropriate alphabetical order:

  • Execution of Amendments, etc Administrative Agent may, but shall have no obligation to, with the concurrence of any Lender, execute amendments, modifications, waivers or consents on behalf of such Lender. Any waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances. Any amendment, modification, termination, waiver or consent effected in accordance with this Section 10.5 shall be binding upon each Lender at the time outstanding, each future Lender and, if signed by a Credit Party, on such Credit Party.

  • Execution of Amendments In executing any amendment permitted by this Article V, the Rights Agent shall be entitled to receive, and shall be fully protected in relying upon, an opinion of counsel stating that the execution of such amendment is authorized or permitted by this Agreement. The Rights Agent may, but is not obligated to, enter into any such amendment that affects the Rights Agent’s own rights, privileges, covenants or duties under this Agreement or otherwise.

  • Amended and Restated Agreement and Declaration of Trust A copy of the Amended and Restated Agreement and Declaration of Trust for the Trust is on file with the Secretary of the Commonwealth of Massachusetts. The Amended and Restated Agreement and Declaration of Trust has been executed on behalf of the Trust by Trustees of the Trust in their capacity as Trustees of the Trust and not individually. The obligations of this Agreement shall be binding upon the assets and property of the Trust and shall not be binding upon any Trustee, officer, or shareholder of the Trust individually.

  • Agreement and Declaration of Trust These By-Laws shall be subject to the Agreement and Declaration of Trust, as from time to time in effect (the "Declaration of Trust"), of the above-captioned Massachusetts business trust established by the Declaration of Trust (the "Trust").

  • Amendment of Agreement and Certificate of Limited Partnership For the admission to the Partnership of any Partner, the General Partner shall take all steps necessary and appropriate under the Act to amend the records of the Partnership and, if necessary, to prepare as soon as practical an amendment of this Agreement (including an amendment of Exhibit A) and, if required by law, shall prepare and file an amendment to the Certificate and may for this purpose exercise the power of attorney granted pursuant to Section 2.4 hereof.

  • Amendment to Credit Agreement (a) As of the Effective Date (as defined herein), Section 1.1 of the Credit Agreement is hereby amended by adding the following definitions in their appropriate alphabetical order:

  • Amendment to Certificate of Trust If at any time required by Section 3810 of the Statutory Trust Statute, the Trustee, the Delaware Trustee and any other trustee of the Trust shall cause an amendment to the Certificate of Trust to be filed with the Secretary of State in accordance with the provisions of such Section 3810.

  • Effect of Amendment and Restatement It is the intent of the parties hereto that this Agreement shall, as of the date hereof, replace in its entirety the Original Trust Agreement; provided, however, that with respect to the period of time from January 20, 2021 through the date hereof, the rights and obligations of the parties shall be governed by the Original Trust Agreement; and provided further, that the amendment and restatement of the Original Trust Agreement shall not affect any of the grants, conveyances or transfers contemplated by the Original Trust Agreement to have occurred prior to the date hereof.

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