Limitations on Modifications. (i) The Ownership Limit may not be increased if, after giving effect to such increase, five (5) Beneficial Owners of Shares would Beneficially Own, in the aggregate, more than 49.9% of the value of the outstanding Shares.
(ii) Prior to an increase in the Ownership Limit pursuant to Paragraph 9.I, the Trustees may require such opinions of counsel or PREIT’s tax accountants, affidavits, undertakings or agreements as it may deem necessary or advisable in order to determine or ensure PREIT’s status as a REIT.
Limitations on Modifications. Waivers and Extensions ----------------------------------------------------- of Contracts and Agreements Giving Rise to Accounts. The Pledgor will not ---------------------------------------------------
(i) amend, modify, terminate or waive any provision of any Contract or any agreement giving rise to an Account in any manner which could reasonably be expected to materially adversely affect the value of such Contract or Account as Collateral, (ii) fail to exercise promptly and diligently each and every right which it may have under each Contract, or agreement giving rise to an Account or (iii) fail to deliver to the Secured Party a copy of each material demand, notice or document received by it relating in any way to any Material Contract or any agreement constituting a Material Contract.
Limitations on Modifications. Waivers and Extensions of Loan Documents. Without the prior written consent of TFC, SPV will not, nor will it permit or allow any Person to, amend, modify, terminate or waive any provision of any Loan Document. SPV shall take such actions as TFC shall request to enforce SPV's rights under the Loan Documents, and shall take such actions as are necessary to enable TFC to exercise such rights in TFC's own name.
Limitations on Modifications. Waivers, Extensions of Contracts. -------------------------------------------------------------- Grantor will not (i) amend, modify, terminate or waive any provision of any material Contract in any manner which could reasonably be expected to materially adversely affect the value of such Contract as Collateral or impair Grantor's ability to conduct its business, (ii) fail to exercise promptly and diligently each and every material right which it may have under each material Contract (other than any right of termination) or (iii) fail to deliver to Collateral Agent a copy of each material demand, notice or document received by it relating in any way to any material Contract.
Limitations on Modifications. Waivers and Extensions of Mortgage ---------------------------------------------------------------- Loans. The Borrower will not, nor will it permit or allow others to, amend, ----- modify, terminate or waive any provision of any Mortgage Loan to which the Borrower is a party in any manner which should reasonably be expected to materially and adversely affect the value of such Mortgage Loan as Collateral.
Limitations on Modifications of Receivables and General ------------------------------------------------------- Intangibles; No Waivers or Extensions. No Grantor will (a) other than in the ------------------------------------- ordinary cause of business, amend, modify, terminate or waive any provision of any Receivable or General Intangible in any manner which might have a material adverse effect on the value of such Receivable or General Intangible, (b) fail to exercise or pursue promptly and diligently each and every material right which it may have under each material Receivable and General Intangible or (c) fail to deliver to the Agent a copy of each material demand, notice or document received by it relating in any way to any material Receivable or General Intangible. No Grantor will, without the prior written consent of the Secured Parties, grant any extension of the time of payment of any material Receivable or amounts due under any material General Intangible, compromise, compound or settle the same for less than the full amount thereof, release, wholly or partly, any person liable for the payment thereof or allow any credit or discount whatsoever thereon other than trade discounts granted in the normal course of business, except such as in the reasonable judgment of such Grantor is advisable to enhance the collectability thereof.
Limitations on Modifications. (i) Unless and until the Board of Directors determines that it is not in the best interests of the Corporation to attempt to qualify as, or to continue to qualify as, a REIT (and assuming the Board of Directors has not determined thereafter that it is in the best interests of the Corporation to attempt to qualify as, or to continue to qualify as a, a REIT), the Common Stock Ownership Limit for a class or series of Equity Shares may not be increased, and no additional Excepted Holder Limits may be created, and no other waivers pursuant to Section 9.1(i) may be granted, if the Board of Directors determines in its sole and absolute discretion that, after giving effect to such increase, creation or waiver, the Corporation would be “closely held” within the meaning of Section 856(h) of the Code or such increase, creation or waiver would otherwise cause the Corporation to fail to qualify as a REIT.
(ii) Prior to any granting of or modification to the Common Stock Ownership Limit for any Person, whether or not an Excepted Holder, the Board of Directors may, in its sole and absolute discretion, require such opinions of counsel, IRS rulings, affidavits, undertakings or agreements as it may deem necessary, advisable or prudent, in each case in form and substance satisfactory to the Board of Directors, to determine or ensure the Corporation’s ability to qualify as, or to continue to qualify as, a REIT; provided, however that the Board of Directors shall not be obligated to require any such favorable ruling, opinion, affidavit, undertaking or agreement in order to create an Excepted Holder Limit.
Limitations on Modifications. This Indenture shall not be modified or amended in any respect except as provided in and in accordance with and subject to the provisions of this Article and as may be further restricted by a Supplemental Indenture.
Limitations on Modifications. Waivers and Extensions of Assets -------------------------------------------------------------- The Borrower shall not, nor shall it permit or allow others to, amend, modify, terminate or waive any provision of any Asset in any manner which could reasonably be expected to materially adversely affect the value of such Asset as Collateral; provided, however, that the Borrower may, in accordance with the -------- ------- Underwriting Guidelines, extend the maturity of any Asset or adjust the outstanding balance of any Asset as the Borrower may determine to be appropriate to maximize collections thereof. The Borrower shall (i) exercise promptly and diligently each and every material right which the Borrower may have under each Asset (other than any right of termination, but including the enforcement of warranty, servicing and other obligations of manufacturers and other parties) except where the failure to so act could not reasonably be expected to materially adversely affect the value of such Asset as Collateral and (ii) deliver to the Agent a copy of each material demand, notice or document received by it relating in any way to any Asset.
Limitations on Modifications. Waivers, Extensions of Contracts and Agreements Giving Rise to Accounts. Other than in the ordinary course of business as generally conducted by such Debtor over a period of time, no Debtor shall (a) amend, modify, terminate or waive any provision of any contract or any agreement giving rise to an Account in any manner which could reasonably be expected to result in a Material Adverse Effect without the Lender 's prior written consent or (b) fail to perform and observe in all material respects, all the terms and provisions of each contract to be performed or observed by it, unless any failure to perform or observe any term or provision could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
