Extraordinary Acts definition
Extraordinary Acts means any of the following: (i) possession of any Company assets or assignment of the rights of the Company in Company assets for other than Company purposes; (ii) acquiring any real property other than the Project and/or engaging in any business other than as provided for in Section 1.3; (iii) permitting the Company to make a whole or partial redemption of the Preferred Membership Interest in accordance with Section 2.5(b); (iv) amending, modifying or otherwise altering this Agreement or any other organizational documents of the Company or any of its subsidiaries in a manner that materially and adversely affects or is reasonably anticipated to materially and adversely affect a Common Member; (v) amending, modifying or otherwise altering the material terms or conditions of any Master Credit Facility Documents, in a manner that could give rise to liability of a Common Member under the Loan Guaranty, (vi) incurring any additional liabilities under the Master Credit Facility or any Master Credit Facility Documents, including under any existing draw rights of the Company under the terms of such Master Credit Facility Documents or otherwise, in a manner that could give rise to liability of a Common Member under the Loan Guaranty; (vii) causing the Company to be treated as anything other than a partnership for tax purposes; (viii) causing any subsidiary of the Company to be treated as anything other than a partnership or disregarded entity for tax purposes; (ix) any contract, transaction or agreement between the Company or any of its subsidiaries, on the one hand, and any Preferred Member or any of its Affiliates on the other hand, other than in the ordinary course of business and on commercially reasonable terms not in excess of those provided for herein; and (x) any distributions by the Company or any of its subsidiaries other than in cash.