Amendment to Section 4.01. Section 4.01 is hereby amended by amending and restating Sections 4.0(G) and (H) in their entirety all as follows:
Amendment to Section 4.01. Section 4.01 of the Original Merger Agreement is hereby amended to add the following paragraph at the end thereof. “The parties agree that each of Xxxxxx Avenier and Sven Kaludzinski (the “Parent Representatives”) and that each of Xxxx Xxxxxxx and Xxxxx X. Xxxxxxxxx (the “Company Representative”) are hereby designated as the contact persons for coordinating consents that the Company may request from Parent under this Agreement (which, for the avoidance of doubt, notices may be sent by email). If the Company delivers to either of the Parent Representatives a written request for a consent under this Agreement and within five (5) Business Days thereafter neither of the Parent Representatives, acting on behalf of Parent, have delivered a written notice to a Company Representative that such consent is granted or that such consent has been denied, then each of Parent and Merger Sub shall be deemed to have granted its consent with respect to such matter (but only to the extent expressly described in such notice). For the avoidance of doubt, Parent shall not be able to unreasonably withhold, condition or delay Parent’s consent with respect to this Section 4.01.”
Amendment to Section 4.01. Section 4.01 of the Stockholders Agreement is hereby amended by inserting the following proviso at the end of the third sentence after the words “(any of the foregoing, a “Liquidity Event”)”: “; provided that if KREF determines to commence an orderly liquidation pursuant to clause (a), then with respect to any investments in B-Piece Securities held indirectly through KKR Real Estate Credit Opportunity Partners Aggregator I L.P. (or any other similar pooled investment vehicle managed by an Affiliate of the KKR Manager), KREF shall use commercially reasonable efforts to sell its interests in such vehicle, subject to maximizing overall value to the Stockholders and Fund Holdings and any applicable legal, tax, regulatory and contractual considerations.”
Amendment to Section 4.01. Section 4.01 of the Existing Credit Agreement is hereby amended by replacing the first sentence thereof with the following: The affirmative and negative covenants contained in Sections 7.1 through 7.9 and Sections 8.1 through 8.10 of the Syndicated Credit Agreement, as in effect on the date of Amendment No. 5 and after giving effect to any amendment or modification to the Syndicated Credit Agreement which the Bank, acting in its capacity as the lender hereunder, has approved in a writing referring to this Credit Agreement (the "Incorporated Covenants"), are hereby incorporated by reference and shall be binding on the Borrower as if set forth fully herein.
Amendment to Section 4.01. Section 4.01 of the Five- Year Agreement is hereby amended by deleting clause (d) in its entirety and substituting therefor the following:
Amendment to Section 4.01. Section 401 of the Indenture is hereby amended by deleting such Section in its entirety and substituting in lieu thereof the following Section:
Amendment to Section 4.01. Section 4.01 of the Credit Agreement hereby is deleted, and the following is substituted therefor:
Amendment to Section 4.01. Section 4.01 of the Partnership Agreement is hereby amended by adding the following at the end thereof. Exhibit A shall be deemed automatically amended upon, and the General Partner may, without the approval of any other Partner, attach an amended Exhibit A to this Agreement to reflect: (a) the issuance of Partnership Units issued to Additional Limited Partners or to any existing Limited Partner pursuant to Section 4.02, (b) any Partnership Units purchased or redeemed pursuant to Section 6.10, (c) any redemption or purchase of Partnership Units by the Partnership or the General Partner by reason of the exercise by a Limited Partner of the Exchange Right and (d) any purchase by the General Partner (or any of its Affiliates) of Partnership Units pursuant to the Call Right.
Amendment to Section 4.01. Section 4.01 of the Partnership Agreement is hereby deleted in its entirety and the following is hereby substituted therefor:
Amendment to Section 4.01. Section 4.01 of the Appendix is hereby amended by (i) deleting from Section 4.01(l) the word "and" where it appears at the end of such Section 4.01, (ii) replacing in Section 4.01(m) the "." where it appears at the end of such Section with a "; and" and (iii) adding at the end thereof the following new subsection 4.01(n):
