Common use of Matters Requiring Unanimous Consent Clause in Contracts

Matters Requiring Unanimous Consent. Notwithstanding the terms of Section 10.1(a), no amendment or waiver of any provision of this Agreement or any other Loan Document, no agreement to forebear from acting upon any departure by Borrower therefrom, and no consent with respect to any departure by Borrower therefrom, shall be effective to do any of the following, unless the same is in writing and signed by all the Lenders: (i) change the Commitment of any Lender (other than ratable changes as contemplated by this Agreement; (ii) postpone or delay any date fixed for any payment of principal, interest, fees or other amounts due hereunder or under any Loan Document whether by acceleration or otherwise; (iii) reduce the principal of, or the rate of interest specified herein on, any Loan, or any fees or other amounts payable hereunder or under any Loan Document; (iv) change the percentage of the Commitments or of the aggregate unpaid principal amount of the Loans required for the Lenders or any of them to take any action hereunder; (v) amend or waive Section 2.1(a)(iv) (Extension of Revolver Maturity Date; Conversion), Section 2.13 (Unencumbered Asset Pool; Additions, Substitutions and Exclusions of Properties), Section 2.15 (Sharing of Payments, Etc.), Section 3.1 (Taxes), Section 3.2 (Illegality), Section 3.3 (Increased Costs and Reduction of Return), Section 4.3 (Conversion Conditions), Section 6.10 (Use of Proceeds), Section 7.16 (Financial Covenants), Section 8.2 (Remedies), Section 10.15 (Governing Law and Jurisdiction) or this Section 10.1 (or the related definitions thereto); (vi) release any guarantor from liability under the REIT Guaranty Documents.

Appears in 2 contracts

Sources: Credit Agreement (Apartment Investment & Management Co), Credit Agreement (Apartment Investment & Management Co)