Section 4.4 Sample Clauses

Section 4.4 of the Series 2012-A Indenture Supplement is hereby amended by inserting the following new subsection (f) immediately after subsection (e) appearing therein:
Section 4.4. Subsection (e) of Section 4.4 shall be amended and restated to read, in its entirety, as follows:
Section 4.4 shall survive the Closing.
Section 4.4. Notices................................................... 21
Section 4.4. Notices............................................................................... 19 (a) Notice To Stockholders................................................................ 19 (b) Notice To Directors................................................................... 19 (c) Affidavit Of Mailing.................................................................. 19 (d) Time Notices Deemed Given............................................................. 19 (e) Methods Of Notice..................................................................... 19 (f) Failure To Receive Notice............................................................. 19 (g) Notice To Person With Whom Communication Is Unlawful.................................. 19 (h) Notice To Person With Undeliverable Address........................................... 20
Section 4.4. Section 4.4 of the Agreement is amended and restated in its entirety to read as follows:Section 4.4 Upfront Fee. Borrower agrees to pay to Agent, for the ratable account of each Lender (based upon the percentage that each Lender’s Loan Commitment represents of the Total Loan Commitment) an upfront fee (the “Upfront Fee”) in the amount of $460,000, on or before the Effective Date, and in the amount of $830,000, on or before the Amendment Closing Date, which fee shall be due and payable in full on the Effective Date and the Amendment Closing Date, respectively.
Section 4.4 for each Expense Year (defined in Section 4.2.1), an amount equal to the sum of the following (collectively, the “Direct Expenses”): (a) Tenant’s Share of Expenses for such Expense Year, plus (b) Tenant’s Share of Taxes for such Expense Year, plus (c) a management fee (the “Management Fee”) equal to [***] of the Base Rent payable by Tenant for the applicable Expense Year. Tenant’s Share of Expenses and Tenant’s Share of Taxes for any partial Expense Year shall be prorated based on the number of days in such Expense Year.
Section 4.4. A new Section 4.4 is hereby added to the Agreement immediately after Section 4.3 as set forth below. 4.4 Key Performance Indicators. CHR shall use commercially reasonable efforts to undertake to comply with the “targets” for the key performance indicators contained on Exhibit D. [***]