Conforming Amendments. The Agreement, the Loan Documents and all agreements, instruments and documents executed and delivered in connection with any of the foregoing, shall each be deemed to be amended and supplemented hereby to the extent necessary, if any, to give effect to the provisions of this Amendment. The Agreement and the other Loan Documents shall remain in full force and effect in accordance with their respective terms.
Conforming Amendments. In addition to the general amending provisions set forth in Section 12.2 of the Pooling and Servicing Agreement, the parties hereto shall, upon the written request of the Seller, execute, acknowledge and deliver amendments and supplements to this Agreement for any one or more of the following purposes:
(a) assuring and confirming the Transfer to the Series 2023-1 Co-Owner of the Series 2023-1 Ownership Interest and any Additional Property relating thereto;
(b) correcting or clarifying the description of the entitlements of, and the property constituted by, the Series 2023-1 Ownership Interest;
(c) adding to the covenants contained in this Agreement for the protection of rights of the Series 2023-1 Co-Owner;
(d) evidencing the succession, or successive successions, of any other Person to the Issuer Trustee, the Seller, the Servicer and the Custodian;
(e) making any addition to, or modification, amendment or elimination of any of the terms of, this Agreement which, in the Opinion of Counsel, is necessary or advisable in order to incorporate, reflect or comply with any Requirements of Law or requirement of any Governmental Authority of any jurisdiction, the provisions of which apply to the Series 2023-1 Co-Owner, the Seller, the Servicer or the Custodian;
(f) making any changes or corrections in this Agreement which in the Opinion of Counsel are non-substantive corrections or changes or are required for the purposes of curing or correcting any ambiguity, or defective or inconsistent provisions, or any clerical omission or mistake or manifest error contained herein, or in any deed, indenture or other agreements supplemental or ancillary hereto or thereto;
(g) making any addition to, modification, amendment or elimination of any of the terms of, this Agreement relating to the Series 2023-1 Ownership Interest in order to conform such documents to the description thereof set forth in the prospectus or offering memorandum of the Series 2023-1 Co-Owner under which the Series 2023-1 Senior Notes have been offered for sale or sold; and
(h) making any amendments provided for or contemplated in Sections 2.6, 4.2, 5.1 and 7.2.
Conforming Amendments. The Credit Agreement, the Note and the other Transaction Documents shall each be deemed to be amended and supplemented hereby to the extent necessary, if any, to give effect to the provisions of this Amendment and Waiver. Except as so amended hereby, the Credit Agreement and the other Transaction Documents shall remain in full force and effect in accordance with their respective terms.
Conforming Amendments a. Section 6.01(g) of the Indenture is hereby amended and restated in its entirety as follows: “except as permitted in this Indenture, any Note Guarantee of any Significant Subsidiary or the Guarantee of the Notes by the Parent Guarantor shall for any reason cease to be, or it shall be asserted by any Guarantor or the Company not to be, in full force and effect and enforceable in accordance with its terms;”.
Conforming Amendments. The form of Security and the outstanding Securities are hereby amended to make any and all changes that correspond to the amendments to the Indenture set forth in Sections 1.1 through 1.3 of this Third Supplemental Indenture.
Conforming Amendments. Upon amendment of the Preferred Stock Agreements according to the preceding provisions of this Agreement, any other provision of any Preferred Stock Agreement that conflicts with the terms of this Modification Agreement shall be deemed to be modified or amended to be consistent with the terms hereof. All other provisions of the Preferred Stock Agreements shall remain in full force and effect and are unmodified hereby.
Conforming Amendments. Section 4006(a)(3)(F) of such Act (29 U.S.C. 1306(a)(3)(F)) is amended—
(A) in the matter before clause (i), by inserting ‘‘and before 2013’’ after ‘‘after 2006’’; and
(B) in the flush text following clause (ii), by striking the second sentence.
Conforming Amendments. Part C of title II of the Bal- anced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended—
(1) in section 250(c)(4) (2 U.S.C. 900(c)(4)), by adding at the end the following:
Conforming Amendments. Section 4006(a)(8) of such Act (29 U.S.C. 1306(a)(8)) is amended—
(A) in subparagraph (A)—
(i) in clause (ii), by striking ‘‘and’’ at the end;
(ii) in clause (iii), by striking the period at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following: ‘‘(iv) for plan years beginning after calendar year 2016, the amount in effect for plan years beginning in 2016 (determined after application of subparagraph (C)).’’; and
(B) in subparagraph (D)—
Conforming Amendments. The General Partner shall have the right to amend this Section 3.5, without the consent of the Limited Partners, so that the Performance Allocation conforms to any applicable requirements of the Securities and Exchange Commission and other federal or state regulatory authorities or self-regulatory organizations; provided, however, that no such amendment shall increase, on an overall basis, the amount of Net Capital Appreciation from a Limited Partner's Capital Account to the General Partner's Capital Account for any period. In no event will a Performance Allocation be made from a Limited Partner's Capital Account, or any other form of performance-based compensation be charged to a Limited Partner, except in compliance with all applicable requirements of the Securities and Exchange Commission, state agencies with which the General Partner or Investment Manager is registered as an investment adviser, and other regulatory authorities (including self-regulatory organizations) having jurisdiction over the General Partner or Investment Manager.
