Section 7.3(a). Section 7.3(a) of the Note and Warrant Purchase Agreement is hereby amended and restated in its entirety to read as follows:
Section 7.3(a) Sample Clauses
Related to Section 7.3(a)
SECTION 812 Control by Holders of Securities..........................43 SECTION 813. Waiver of Past Defaults...................................44
SECTION 510 Rights and Remedies Cumulative..................... 36
Section 8 Waiver The Purchaser agrees that to the extent any waiver of rights under this Section 8 is ineffective as a matter of law, the Purchaser has offered such waiver for the benefit of the Company as an equitable right that shall survive any statutory disqualification or bar that applies to a legal right. The Purchaser acknowledges the receipt and sufficiency of consideration received from the Company hereunder in this regard.
SECTION 613 Preferential Collection of Claims Against Company........... 47
Section 815 Waiver of Stay or Extension Laws ........................44 ARTICLE NINE .................................................................45
Section 511 Delay or Omission Not Waiver....................... 36
Sections 4 6(a) and (b) (“Transfer of the General Partner’s General Partner Interest”), solely with respect to the decision by the Company to transfer its general partner interest in the Partnership;
Section 512 Control By Holders................................. 37 Section 513. Waiver of Past Defaults............................ 37
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.
Section 4 04 Distribution of Reports to the Trustee and the Company; Advances by the Master Servicer.......................................................65 Section 4.05 Allocation of Realized Losses.........................................66 Section 4.06 Reports of Foreclosures and Abandonment of Mortgaged Property.........66 Section 4.07 Optional Purchase of Defaulted Mortgage Loans.........................67 Section 4.08 Surety Bond...........................................................67
