Amendment Restrictions. Notwithstanding the provisions of Section 16.1 and 16.2, no amendment to this Agreement shall be valid without a unanimous vote of the Members if such amendment would (i) materially and adversely affect the liability of the Members, (ii) have an effect on the provisions that allocate distributions and profits and losses or on the voting rights of the Members that is materially adverse to the Members unless such materially and adversely affected Members consent in writing to such amendment, or (iii) cause the Company to be treated as an association taxable as a corporation for federal income tax purposes.
Amendment Restrictions. (a) The Tenants and Guarantors and the Agents and Indenture Trustee may modify, supplement, extend, amend, restate, renew, refinance, upsize or replace the documents evidencing the Creditor Obligations in accordance with their respective terms, as the case may be, without the consent of the Landlord; provided, however, that the prior written consent of the Landlord shall be required in order for any Tenant or Guarantor and any Agent or Secured Party or the Indenture Trustee or the other lender or holder of Creditor Obligations, as applicable, to agree to (i) increase any interest rate or any yield payable by one or more of the Tenants as a borrower or guarantor (other than due to fluctuation of a floating index rate agreed to in the Loan Documents on the Closing Date, the replacement of LIBOR in a manner consistent with market practice, or the application of default interest (to the extent the default interest rate does not increase beyond that which may be applied upon the existence of a Loan Event of Default under the Loan Documents as in effect on the Closing Date)) or any participation fee for letters of credit which are based on such interest rate, including by increasing the “applicable margin”, “applicable rate” or similar component of the interest rate or by modifying the method of computing interest (other than due to the replacement of LIBOR) or by creating any new, or increasing any, interest rate “floors,” by more than 5.0% per annum in the aggregate above such applicable margin or applicable rate as in effect on the Closing Date, (ii) increase the aggregate principal amount of loans or commitments and the aggregate face amount of letters of credit, in each case which constitute Tenant Creditor Obligations that are unsecured or secured by the Tenant Loan Collateral or otherwise under the Loan Documents, Indenture or other agreement or instrument with respect to any Creditor Obligations above the Cap Amount, (iii) amend the Loan Documents in a manner adverse to the Landlord with respect to the exercise or implementation of the Landlord Debt Purchase Option and (iv) no Tenant shall become a borrower or guarantor under the ETMC Facility.
Amendment Restrictions. No amendment of this Debenture shall directly or indirectly modify the provisions of this Section F in any manner which might terminate or impair the subordination of the Subordinated Debt to the Senior Debt; PROVIDED, HOWEVER, that such amendments may be effected with the written consent of the Majority Senior Debtholders.
Amendment Restrictions. Notwithstanding Sections 15.1 and 15.2, this Agreement shall not be amended without the consent of each Partner adversely affected if such amendment would (a) convert a Limited Partner Interest into a General Partner Interest; (b) modify the limited liability of a Limited Partner in a manner adverse to such Limited Partner; (c) alter rights of the Partner to receive distributions pursuant to Article VI or Article XIV (except as permitted pursuant to Section 5.5 or 15.1(e)); (d) alter or modify the Exchange Right and REIT Stock Amount as set forth in 5.4, and the related definitions, in a manner adverse to such Partner; (e) cause the termination of the Partnership prior to the time set forth in Article IV or Section 14.2; or (f) amend this Section 15.3. Further, no amendment may alter the restrictions on the General Partner's authority set forth in Section 7.3(b) without the consent specified in that section. Notwithstanding any other provision hereof, the General Partner shall not amend Section 5.2(a), 7.6, 7.7 or 15.4 unless approved by the Majority Vote of the Limited Partners, excluding Partnership Units held by the Company.
Amendment Restrictions. Notwithstanding the provisions of Sections 14.01 and 14.02, (a) no amendment to this Agreement shall be permitted without a unanimous vote of the Record Holders if such amendment, in the opinion of counsel for the Partnership, (i) would cause the loss of limited liability of the Record Holders under this Agreement or of the Partnership as the sole limited partner of the Operating Partnership, or (ii) would cause the Partnership or the Operating Partnership to be treated as an association taxable as a corporation for federal income tax purposes and (b) no amendment to this Agreement shall be permitted which would (i) enlarge the obligations of the General Partner or any Record Holder or convert the interest of any Record Holder into the interest of a general partner; (ii) modify the expense reimbursement payable to the General Partner pursuant to Article VII of this Agreement without the consent of the General Partner; (iii) modify the order and method for allocations of income and loss or distributions pursuant to Article V of this Agreement without the consent of the General Partner or the Record Holders adversely affected; or (iv) amend Sections 14.01, 14.02 or 14.03 of this Agreement without the consent of the General Partner and Record Holders who are Record Holders with respect to at least ninety-five percent (95%) of the total number of all outstanding Units held by all Record Holders.
Amendment Restrictions. Notwithstanding the provisions of Sections 16.1 and 16.2, (a) no amendment to this Agreement shall be permitted without a unanimous vote of the Limited Partners if such amendment, in the Opinion of Independent Counsel, (i) would cause the loss of limited liability of the Partnership under the Operating Partnership Agreement or of the Limited Partners under this Agreement, or (ii) would cause the Partnership or the Operating Partnership to be treated as an association taxable as a corporation for federal income tax purposes; and (b) no amendment to any provision of Article VIII shall be permitted without the written consent of BKC, whether or not BKC is a General Partner at the time of such amendment.
Amendment Restrictions. This Exhibit A may only be altered, amended or repealed as set forth in the Voting Trust Agreement dated June 30, 1998, as amended.
Amendment Restrictions. Except as otherwise provided in Sections 3.03, 6.05 and 6.06, notwithstanding the provisions of Section 16.01 and 16.02, no amendment to this Agreement shall be valid without a unanimous vote of the Partners if such amendment would (a) adversely affect the liability of the Limited Partners, (b) have an effect on the provisions that allocate distributions and profits and losses or on the voting rights of the Partners that is materially adverse to the Limited Partners or the General Partner unless such materially and adversely affected Partners consent in writing to such amendment, or (c) cause the Partnership to be treated as an association taxable as a corporation for federal income tax purposes.
Amendment Restrictions. 50 Section 16.04. Meetings.................................................. 50 Section 16.05.
Amendment Restrictions. Except as otherwise provided in Section 3.03 hereof, notwithstanding the provisions of Sections 16.01 and 16.02 hereof, no amendment to this Agreement shall be valid without a unanimous vote of the Partners if such amendment would (a) result in the loss of limited liability of the Limited Partners, (b) have an effect on the provisions that allocate distributions and profits and losses or on the voting rights of the Partners that is materially adverse to the Limited Partners or the General Partner, or (c) cause the Partnership to be treated as an association taxable as a corporation for federal income tax purposes. Assignees who have not been admitted to the Partnership as Substituted Limited Partners shall have no right to vote under this or any other provisions of this Agreement.
