Equitable Allocation. If, as a result of any reorganization, recapitalization or other organizational change in any of the Contributors, or as a result of any amendment, waiver or modification of the terms and conditions governing the Loan Obligations, or for any other reason, the contributions under this Contribution Agreement becomes inequitable, prior to the full repayment of the Loan the parties hereto shall, after first obtaining Lender’s written consent thereto, promptly modify and amend this Contribution Agreement to provide for an equitable allocation of contributions. Any of the foregoing modifications and amendments shall be in writing and signed by all parties hereto and acknowledged by Lender.
Appears in 1 contract
Sources: Contribution Agreement (Inland American Real Estate Trust, Inc.)
Equitable Allocation. If, as a result of any reorganization, recapitalization recapitalization, or other organizational change in a Contributor or any Affiliate or Subsidiary of the Contributorssuch Contributor, or as a the result of any amendment, waiver or modification of the terms and conditions governing the Loan Credit Agreement, any other Fundamental Document or any of the Guaranteed Obligations, or for any other reason, the contributions under this Contribution Agreement becomes become inequitable, prior to the full repayment of the Loan the parties hereto shall, after first obtaining Lender’s written consent thereto, shall promptly modify and amend this Contribution Agreement to provide for an equitable allocation of such contributions. Any of the foregoing modifications and amendments to this Contribution Agreement shall be in writing and signed by all parties hereto and acknowledged shall be consented to by Lenderthe Administrative Agent.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Reliant Resources Inc)