Conforming Amendment. To the extent that conforming changes (including incorporating the Accordion Advances and payment and pricing provisions applicable thereto) to this Agreement must be made to effect an Accordion Advance in accordance with this Section, the Administrative Agent and the Borrowers may enter into an amendment (a “Conforming Amendment”) effecting such changes. Any such Conforming Amendment shall not require the consent of any Person other than the participating Lenders or Acceding Lenders, as applicable, the Borrowers and the Administrative Agent so long as such Conforming Amendment does not provide for new or amended covenants or events of default applicable to any Accordion Advance; provided, that upon the execution of any Conforming Amendment, the Administrative Agent shall distribute a copy thereof to all of the Lenders. If such Conforming Amendment provides for new or amended covenants or events of default applicable to any Accordion Advance, the provisions of such Conforming Amendment giving effect to such new or amended covenants or events of default shall be subject to the consent of the Required Lenders (in accordance with Section 10.01) calculated without to giving effect to the applicable Accordion Advance.
Conforming Amendment. Upon the complete or partial withdrawal of any ERISA Member, Public Plan Member, Foundation Member or BHC Member from the Company, the Members (including the withdrawing ERISA Member, Public Plan Member, Foundation Member or BHC Member) may enter into an amendment to this Agreement reflecting such withdrawal and amending such provisions of this Agreement as may be appropriate, including the allocation and distribution provisions, in order to preserve, to the maximum extent feasible, the intent, operation and effect of such provisions. * * * * * * *
Conforming Amendment. Section 44940(d)(1) of such title is amended by striking ‘‘, and may impose a fee under subsection (a)(2),’’.
Conforming Amendment. The proviso at the end of Section 7.1(a)(3) is hereby amended to read as follows: "provided, further, that the sale of all or substantially all of the assets of the Partnership shall require the Consent of a majority of the Percentage Interests of the Limited Partnership Interests (including Limited Partnership Interests held by the General Partner)."
Conforming Amendment. Clause (c) of the definition of "Constructive Termination" set forth in Section (6) of the Employment Agreement is hereby deleted and replaced in its entirety with the following:
Conforming Amendment to Section 7.1. Clause (b) of Section 7.1 of the Purchase Agreement shall be amended to replace "119%" with "117%".
Conforming Amendment. The amendment to the Purchase Agreements to conform the financial covenants and negative covenants therein to the corresponding covenants hereof, in a form reasonably satisfactory to the Administrative Agent.
Conforming Amendment. All references in the Merger Agreement to the “Representatives” shall be to the Representative designated in amended paragraph 4.1.1 of the Merger Agreement.
Conforming Amendment. See §2.8.5.
Conforming Amendment. The General Partner shall present to its board of trustees an amendment (the “Proposed Amendment”) to the articles supplementary for the 7.25% Series B Cumulative Redeemable Perpetual Preferred Shares to delete the reference to “February 24, 2009” in ARTICLE SECOND, Section 5(a) of such articles supplementary and replace such reference with “August 24, 2009.” If the board of trustees approves the Proposed Amendment (and all other necessary corporate and contractual approvals, if any, are obtained), the General Partner shall file the Proposed Amendment with the appropriate state offices in Alabama. The General Partner shall use reasonable efforts to complete the actions in this Section 4 within 60 days after the date hereof.
