Common use of SURVIVING PARTNERSHIP AGREEMENT Clause in Contracts

SURVIVING PARTNERSHIP AGREEMENT. A true, correct and complete copy of the Surviving Partnership Agreement is attached hereto as EXHIBIT "D". The Surviving Partnership hereby agrees that, with the following exceptions, the Surviving Partnership Agreement shall not be further amended on or prior to the Effective Date: (i) the Surviving Partnership Amendments, (ii) amendments in connection with the issuance of additional shares under HME's Dividend Reinvestment Stock Purchase, Resident Stock Purchase and Employee Stock Purchase Plan, (iii) amendments in connection with mergers or other transactions similar to the Merger which are currently in process wherein additional Units are issued in connection with the acquisition of real property or of interests in entities which own real property, the provisions of which have been disclosed in writing to the Merged Partnership prior to the execution of this Agreement, and (iv) the formation of a subsidiary of HME to hold Units owned by HME.