New Section 19 of the Plan Sample Clauses
Related to New Section 19 of the Plan
Amendment to Section 3(a) Section 3(a) of the Agreement is hereby amended and restated in its entirety to read as follows:
Section 1245/1250 Recapture If any portion of gain from the sale of Partnership assets is treated as gain which is ordinary income by virtue of the application of Code Sections 1245 or 1250 (“Affected Gain”), then such Affected Gain shall be allocated among the Partners in the same proportion that the depreciation and amortization deductions giving rise to the Affected Gain were allocated. This subparagraph 3(b) shall not alter the amount of Net Income (or items thereof) allocated among the Partners, but merely the character of such Net Income (or items thereof). For purposes hereof, in order to determine the proportionate allocations of depreciation and amortization deductions for each fiscal year or other applicable period, such deductions shall be deemed allocated on the same basis as Net Income and Net Loss for such respective period.
Amendment to Section 13 Section 13 of the Rights Agreement is hereby amended by adding the following sentence at the end thereof: “Notwithstanding anything in this Agreement to the contrary, (i) the execution and delivery of the Merger Agreement, (ii) the execution and delivery of the Tender and Support Agreement, (iii) the consummation of the Offer, (iv) the consummation of the Merger, and (v) the consummation of the other transactions contemplated in the Merger Agreement shall not be deemed to be a Section 13 Event and shall not cause the Rights to be adjusted or exercisable in accordance with, or any other action to be taken or obligation to arise pursuant to, this Section 13.”
Amendment to Section 10 6.4. Section 10.6.4 of the Credit Agreement is amended in its entirety to read as follows:
Amendment to Section 12 Section 12 of the Agreement is hereby amended as follows:
Amendment to Section 4 07. Section 4.07 of the Indenture is hereby amended and restated in its entirety to read as follows:
Amendment to Section 7 16. Section 7.16 of the Credit Agreement is amended and restated to read in its entirety as follows:
Amendment to Section 3 4. Section 3.4 of the Note is amended to read in its entirety as follows:
Amendment to Section 6 11. Section 6.11 is hereby amended in its entirety to read as follows:
Amendment to Section 8 6(c). Section 8.6(c) of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
