New Section 5. 40. New Section 5.40 is added to the Credit Agreement in appropriate order as follows:
New Section 5. 23. The Credit Agreement is hereby amended by adding the following new Section 5.23:
New Section 5. 7 (Subordination). The Intercreditor Agreement is hereby amended by adding the following new Section 5.7:
New Section 5. 14. The following new Section 5.14 is hereby added to the Contribution Agreement: “Parent REIT, Parent OP and Parent Sub hereby jointly and severally represent and warrant to the Company and the Contributors that the entry into Amendment No. 2 does not and will not (i) conflict with or result in any breach of any provision of such Person’s Governing Documents, (ii) result in a violation or breach of, or cause acceleration, or constitute (with or without due notice or lapse of time or both) a default (or give rise to any right of termination, cancellation or acceleration) under any of the terms, conditions or provisions of any note, bond, mortgage, indenture, lease, license, contract, agreement or other instrument or obligation of any material agreement to which such Person is a party, or (iii) violate any Law or Order applicable to such Person, except in the case of clauses (ii) and (iii) above, for violations which would not prevent or materially impair or delay the ability of such Person to perform its respective obligations under this Agreement and provided, that no representation or warranty is being made with respect to any antitrust or competition Laws (or any Orders or Contracts related thereto) that may be applicable to the Contemplated Transactions.”
New Section 5. 15. Article V of the Credit Agreement is hereby amended by adding thereto a new Section 5.15 to read as follows:
New Section 5. 28. The Purchase Agreement is hereby amended to add the following as a new Section 5.28:
New Section 5. 7. The following language shall be added to the Agreement as new Section 5.7:
New Section 5. 16. A new Section 5.16 is added to the Existing Credit Agreement to read as follows:
New Section 5. 3. The following new Sections 5.3, 5.4, 5.5, 5.6, 5.7, 5.8 and 5.9 are hereby added after Section 5.2 of the Note:
