Amendments to the Existing Agreement Sample Clauses
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Amendments to the Existing Agreement. As of the Effective Date (defined below), the first sentence of the Existing Agreement is hereby amended to read as follows: The undersigned, Resource Real Estate Diversified Income Fund (the “Fund”), a Delaware statutory trust corporation, is conducting a continuous offering (the “Offering”) of its Class A, Class C and Class W shares of beneficial interest (collectively, the “Shares”).
Amendments to the Existing Agreement. As of the Effective Date (defined below), the Existing Agreement is hereby amended or modified as follows:
(a) Generally, any and all references to ‘Assets’, ‘Acquired Assets’, ‘Asset Purchase’, etc. shall be construed and interpreted to be a reference to the Seller’s sale of and Buyer’s purchase of the Shares.
(b) Section 2.01 is hereby amended to read as follows:
Amendments to the Existing Agreement. As of the Effective Date, the Existing Agreement is hereby amended or modified as follows:
Amendments to the Existing Agreement. Effective as of the First Amendment Date, the Existing Agreement is hereby amended in its entirety to read as set forth in Exhibit A hereto.
Amendments to the Existing Agreement. The Borrower, the Administrative Agent and the Lender Parties agree that the Existing Agreement is, subject to the satisfaction of the conditions precedent set forth in Section 2, hereby amended on the Amendment Effective Date as follows:
(a) Section 1.1 of the Existing Agreement shall be amended by adding the following defined terms in appropriate alphabetical order:
Amendments to the Existing Agreement. As of the Effective Date (as defined in Section 2 below) the Existing Agreement is hereby amended to incorporate the changes shown on the marked pages attached hereto as Annex A.
Amendments to the Existing Agreement. Effective April 12, 2023, the Existing Agreement is hereby amended as follows:
(a) Section 1 of the Existing Agreement is hereby deleted in its entirety and replaced with the following:
Amendments to the Existing Agreement. The Existing Agreement is hereby amended as follows:
(a) Section 1.1 of the Existing Agreement is hereby amended and restated to read in its entirety as follows:
Amendments to the Existing Agreement. As of the Effective Date (as defined in Section 3), the Existing Agreement is hereby amended or modified as follows:
(a) Section 1(b) of the Existing Agreement is hereby deleted in its entirety and replaced with the following: The Executive shall perform and discharge faithfully the duties and responsibilities which may be assigned by the Parent’s Chief Executive Officer (the “CEO”), the Parent’s Board of Directors (the “Board”), or other competent authority of the Company Group (collectively, the “Supervisory Authority”), including those set forth on Schedule 1, to the Executive from time to time in connection with the conduct of the Company’s and Parent’s business; provided in each case that such duties and responsibilities are commensurate with the duties and responsibilities of persons in similar capacities in similarly sized companies. The Executive shall report to the Supervisory Authority. The Executive hereby agrees that he shall at all times comply with and abide by all terms and conditions set forth in this Agreement and all applicable work policies, procedures and rules as may be issued by the Company and/or Parent. The Executive also agrees that he shall comply with all federal, state and local statutes, regulations and public ordinances governing the performance of his duties hereunder.
(b) Section 3(b)(i) of the Existing Agreement is hereby deleted in its entirety and replaced with the following: Annual Incentive Award. For the fiscal year ending March 31, 2024, the Executive shall be entitled to such annual bonus opportunity as the Executive is entitled based on the Company’s policies in effect immediately prior to the date hereof, payable in accordance with such policies. Commencing with the fiscal year beginning April 1, 2024, the provisions of this Section 3(b)(i) shall govern and the Executive shall be entitled to an annual bonus opportunity up to 200% of his annual Base Salary, the exact amount of which shall be determined by the Board or the Board’s compensation committee (the “Compensation Committee”), payable in accordance with the terms set forth on Schedule 2. The amount of and performance criteria with respect to any such bonus for any fiscal year commencing on or after April 1, 2024 shall be determined by the Board or the Compensation Committee. Any bonus determined by the Board or Compensation Committee to have been earned by the Executive will be due to the Executive no later than the 90th day after the Board’s or Compensation ...
Amendments to the Existing Agreement. As of the Amendment No. 1 Effective Date, Section 7(d) of the Existing Agreement is hereby amended and restated as follows: