Common use of Amendment to Section 3.01 Clause in Contracts

Amendment to Section 3.01. The following is hereby added as paragraph (i) of Section 3.01: (i) Notwithstanding any of the foregoing, any amount payable to the Advisor pursuant to Section 3.01(d), 3.01(e), 4.03(b) or 4.03(c) will be offset by any distributions the Advisor or any affiliate thereof receives, as a special limited partner of the Partnership or OP I. Moreover, the Advisor shall remit to the Company any amount it or an affiliate thereof receives as a special limited partner of the Partnership or OP I unless the Advisor would have been entitled to receive such amount pursuant to 3.01(d), 3.01(e), 4.03(b) or 4.03(c) but for the offset included in the prior sentence.