Sections 1A. 03 and 1A.04 shall not apply under any of the circumstances which would constitute an Extraordinary Common Stock Event (as defined in Section 1A.05).
Sections 1A Sample Clauses
Related to Sections 1A
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;
Sections 1 A., 1.B., 1.C., 1.D., 1.E., 1.F., 1.G., 1.H., 1.I., 1.J. and 1.K. of this Amendment and the preparation and onboarding activities related to the Services (as defined in the Agreement), including those set forth in Section II of Schedule B6, shall be effective as of the date of this Amendment as set forth above.
Sections 3 08(a) and (c). References to the Serviced Loan Combination Collection Account shall be references to the Primary Servicer Serviced Loan Combination Collection Account. All insurance policies caused to be maintained by the Primary Servicer hereunder shall also name the Master Servicer (or Primary Servicer) as loss payee. Within forty-five (45) days after the Closing Date, the Primary Servicer shall forward to the Master Servicer a fully completed certificate of insurance in the form of Exhibit H attached hereto. Without limiting the generality of the obligations of the Primary Servicer hereunder, the Primary Servicer shall monitor and certify as to the status of insurance policies relating to the Serviced Loan Combination on a quarterly basis starting for the quarter ending in March of 2014, within 30 days of the end of such quarter as required by, and in the form of, Exhibit E attached hereto, pursuant to Section 3.01(c)(24) of this Agreement. The Primary Servicer shall promptly notify the Master Servicer of any Mortgaged Property that is not insured against terrorist or other similar acts. The Master Servicer or the Special Servicer shall make all determinations with respect to terrorism insurance matters required to be made under Section 3.08 of the Pooling and Servicing Agreement, and the Primary Servicer shall reasonably cooperate with the Master Servicer in connection therewith. The Master Servicer shall notify the Primary Servicer of any such determination.
Sections 2 05(a) and 2.05(b) are hereby amended and replaced in their entirety with the following:
Sections The division of this Agreement into Sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. The terms “this Agreement”, “hereof”, “hereunder” and similar expressions refer to this Agreement and not to any particular Section or other portion hereof and include any agreements supplemental hereto.
Sections 6 02 and 6.03 of the Loan Agreement are hereby amended and restated in their entirety to read as follows:
Section 5 8. Unconditional Right of Holders To Receive Principal and Any Premium, Interest and Additional Amounts.......41 Section 5.9. Restoration of Rights and Remedies.......................41 Section 5.10. Rights and Remedies Cumulative...........................41 Section 5.11. Delay or Omission Not Waiver.............................41 Section 5.12. Control by Holders of Securities.........................42 Section 5.13. Waiver of Past Defaults..................................42 Section 5.14. Waiver of Usury, Stay or Extension Laws..................42 Section 5.15. Undertaking for Costs....................................42
Sections 5 4(a) and (b) shall not apply to any payment if and to the maximum extent that that such payment would be a payment under a separation pay plan following an “involuntary separation from service” (as defined in Treasury Regulation Section 1.409A-1(n)) that does not provide for a deferral of compensation by reason of the application of Treasury Regulation Section 1.409A-1(b)(9)(iii). For the avoidance of doubt, the parties agree that this Section 5.7(c) shall be interpreted so that Employee will receive payments during the six (6) month period specified in Section 5.2(a) to the maximum amount permitted by Treasury Regulation Section 1.409A-1(b)(9)(iii).
Section 3 Trustee's Good Faith Action, Expert Advice, No Bond or Surety................................... 15 Section 4. Insurance..................................................... 15
Section 6 03. Limitation on Liability of the Depositor, the Seller, the Master Servicer and Others......................................................................................1 SECTION 6.04. Limitation on Resignation of Master Servicer................................................2
