Specific Amendments to Term Loan Agreement. The parties hereto agree that the Term Loan Agreement is amended as follows:
(a) Section 1.1. of the Term Loan Agreement is hereby amended by restating the definition of “Termination Date” in its entirety as follows:
Specific Amendments to Term Loan Agreement. Upon the effectiveness of this Amendment, the parties hereto agree that the Term Loan Agreement shall be amended as follows:
(a) The Term Loan Agreement is amended by amending and restating the definition of “LIBOR” contained in Section 1.1. thereof in its entirety as follows:
Specific Amendments to Term Loan Agreement. Upon the effectiveness of this Amendment, the parties hereto agree that the Term Loan Agreement shall be amended as follows:
(a) The Term Loan Agreement is amended by adding the following sentence at the end of the definition of “LIBOR”: If LIBOR determined as provided above would be less than zero, LIBOR shall be deemed to be zero for each LIBOR Loan that has not been identified by the Borrower in accordance with the terms of this Agreement as being subject to a Specified Derivative Contract that provides a hedge against interest rate risk.
(b) The Term Loan Agreement is further amended by restating the last sentence in the definition of “Unencumbered Property” in its entirety as follows: Notwithstanding anything to the contrary in this definition, if a Property listed on Schedule 1.1(B) at any time after the Effective Date fails to satisfy any requirements in clause (b) of this definition (other than those, if any, it failed to satisfy on the Effective Date), such Property shall no longer be an Unencumbered Property until such time as it satisfies at least all of the requirements in such clause (b) that it satisfied on the Effective Date.
(c) The Term Loan Agreement is further amended by adding the following definitions to Section 1.1. thereof in the appropriate alphabetical order:
Specific Amendments to Term Loan Agreement. Effective upon satisfaction of the conditions precedent set forth in Section 3 hereof, the parties hereto agree that the Term Loan Agreement is amended as follows:
(a) By restating the definitions of “Applicable Rate”, “Credit Rating” and “Fee Letter” in Section 1.01 thereof as follows:
Specific Amendments to Term Loan Agreement. The parties hereto agree that the Term Loan Agreement is amended as follows:
(a) The Term Loan Agreement is amended by deleting “$50,000,000” from the second paragraph of the preamble to the Term Loan Agreement and replacing it with “$150,000,000”.
(b) The Term Loan Agreement is amended by adding the following definitions to Section 1.1. thereof in the appropriate alphabetical location:
Specific Amendments to Term Loan Agreement. The parties hereto agree that the Term Loan Agreement is amended as follows:
(a) The definition of “Capitalized Value” is hereby deleted in its entirety and shall be replaced by the following:
Specific Amendments to Term Loan Agreement. (a) The parties hereto agree that the Term Loan Agreement is amended by restating the second sentence of Section 2.15 in its entirety as follows: Each such borrowing of Addition Loans must be an aggregate minimum amount of $50,000,000 and integral multiples of $10,000,000 in excess thereof (or such other amounts as may be acceptable to the Administrative Agent and the Trust).
(b) The parties hereto agree that the Term Loan Agreement is amended by deleting the word “and” at the end of Section 9.2(f), restating Section 9.2(g) in its entirety as follows and adding the following new subsections (h) and (i) immediately following Section 9.2(g):
(g) The Trust may redeem or repurchase its Preferred Equity Interests, at par or at a discount;
(h) The Trust may declare and make Restricted Payments to the extent paid and payable solely in Equity Interests (other than Mandatorily Redeemable Stock) of the Trust; and
(i) The Trust may make Restricted Payments in the form of cash payments to holders of securities convertible into or exchangeable for common stock of the Trust in connection with the Trust's acquisition of such securities in an aggregate amount not to exceed $20,000,000 during the term of this Agreement.
Specific Amendments to Term Loan Agreement. The parties hereto agree that the Term Loan Agreement is amended as follows:
(a) The Term Loan Agreement is amended by restating the definitions of “Capitalization Rate”, “Change in Law”, “Credit Rating”, “Defaulting Lender”, “Eligible Assignee”, “ERISA Event”, “Existing Credit Agreement”, “Guaranty”, “Interest Expense”, “Non-Guarantor Subsidiaries”, “Pre-Leased Development Properties”, “Required Lenders” and clause (c) of the definition of “Value”, in each case in to Section 1.01 thereof:
Specific Amendments to Term Loan Agreement. Upon the effectiveness of this Amendment, the parties hereto agree that the Term Loan Agreement shall be amended as follows:
(a) The Term Loan Agreement is amended by adding the following new definitions of “Anti-Money Laundering Laws”, “Bankruptcy Code”, “Beneficial Ownership Certification”, “Beneficial Ownership Regulation”, “Connection Income Taxes”, “Eurodollar Reserve Percentage”, “Excluded Taxes”, “Fifth Amendment Effective Date”, “Foreign Lender”, “Indemnified Taxes”, “OFAC”, “Other Connection Taxes”, “Other Taxes”, “Recipient”, “Replacement Rate”, “Sanctioned Country”, “Sanctioned Person”, “Sanctions”, “U.S. Person”, “U.S. Tax Compliance Certificate” and “Withholding Agent” in Section 1.1. in proper alphabetical order:
Specific Amendments to Term Loan Agreement. The parties hereto agree that the Term Loan Agreement is amended by restating the definitions of “Acquired Properties” and “Annualized Adjusted NOI” in Section 1.01 thereof as follows: