Common use of Limitation on Transactions with Affiliates Clause in Contracts

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter Except as set forth on Schedule 8.2(g), enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary GuarantorSubsidiary) unless such transaction is (ai) otherwise permitted under this Agreement, (bii) in the ordinary course of business or consistent with past practice of the Borrower or such Subsidiary, as the case may be, and (ciii) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Restricted Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Restricted Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that which is not an Affiliate; provided, that the Borrower may pay customary director's fees to members of its Board of Directors.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under not prohibited by this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s arm's-length transaction with a Person that which is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Wholly Owned Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that which is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Wholly Owned Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that which is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, property or the rendering of any service or the payment of any management, advisory or similar feesservice, with any Affiliate (other than the Parent, the Borrower or any Subsidiary GuarantorSubsidiary) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower Parent’s, the Borrower’s or such Subsidiary, as the case may be, ’s business and (c) upon fair and reasonable terms no less favorable to the Parent, the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that which is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary GuarantorSubsidiary) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business or consistent with past practice of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that which is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the a Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower Borrowers or such Subsidiarytheir Subsidiaries, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower Borrowers or such Subsidiarytheir Subsidiaries, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into into, or permit any Restricted Subsidiary to enter into, any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, property or the rendering of any service or the payment of (other than any management, advisory or similar feestransaction otherwise permitted under this Agreement), with any Affiliate (other than the Borrower Company or any Subsidiary Guarantor) another Restricted Subsidiary), unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower Company’s or such Restricted Subsidiary, as the case may be, ’s business and (cb) upon fair and reasonable terms no less favorable to the Borrower Company or such Restricted Subsidiary, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that which is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Restricted Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Restricted Subsidiary, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, including any purchase, sale, lease or exchange of PropertyCollateral, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary GuarantorSubsidiary) unless such transaction is (ai) otherwise permitted under this Agreement, (bii) in the ordinary course of business or consistent with past practice of the Borrower or such Subsidiary, as the case may be, and (ciii) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that is not an Affiliate.. DC1 - 221047.18

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, including any purchase, sale, lease or exchange of PropertyCollateral, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary GuarantorSubsidiary) unless such transaction is (ai) otherwise permitted under this Agreement, (bii) in the ordinary course of business or consistent with past practice of the Borrower or such Subsidiary, as the case may be, and (ciii) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary GuarantorSubsidiary) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that is not an AffiliateAffiliate except as permitted by the Interim Facility Loan Documentation.

Limitation on Transactions with Affiliates. Enter into or be a party to any transaction, including, without limitation, transaction including any purchase, sale, lease or exchange of Propertyproperty, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary Guarantor) unless such transaction is is: (ai) otherwise permitted under by the terms of this Agreement, ; (bii) in the ordinary course of business of such Corporate Obligor or the Borrower or such relevant Subsidiary, as the case may be, ; and (ciii) upon on fair and reasonable terms no less favorable to such Corporate Obligor or the Borrower or such relevant Subsidiary, as the case may be, than it would obtain those that could have been obtained in a comparable transaction on an arm’s length transaction with a Person that is not basis from an Affiliateunrelated Person.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, including any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with a fair market value in excess of $5.0 million with any Affiliate (other than the Borrower Borrower, any Restricted Subsidiary or any Person that becomes a Restricted Subsidiary Guarantoras a result of such transaction) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, Agreement and (c) upon is on fair and reasonable terms no less favorable to the Borrower or such Subsidiaryand its Restricted Subsidiaries, taken as the case may bea whole, than it would obtain could be obtained in a comparable arm’s arm’s-length transaction with a Person that is not an Affiliate.. Notwithstanding the foregoing, the Borrower and its Restricted Subsidiaries may:

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary Guarantor) unless such transaction is (a) not otherwise permitted prohibited under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower 105 Company or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower Company or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower Company or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, including any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with a fair market value in excess of $10.0 million with any Affiliate (other than the Borrower Borrower, any Restricted Subsidiary or any Person that becomes a Restricted Subsidiary Guarantoras a result of such transaction) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, Agreement and (c) upon is on fair and reasonable terms no less favorable to the Borrower or such Subsidiaryand its Restricted Subsidiaries, taken as the case may bea whole, than it would obtain could be obtained in a comparable arm’s arm’s-length transaction with a Person that is not an Affiliate.. Notwithstanding the foregoing, the Borrower and its Restricted Subsidiaries may:

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate. However, for the avoidance of doubt, transactions pursuant to, or contemplated by, the Securities Purchase Agreement shall not be prohibited by this (or any other) Section of this Agreement.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Company, the Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower Company or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower Company or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that which is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the a Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower Borrowers or such Subsidiarytheir Subsidiaries, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower Borrowers or such Subsidiarytheir Subsidiaries, as the case may be, than it would obtain in a comparable arm’s 's length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, including any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with a fair market value in excess of $10.0 million with any Affiliate (other than the Borrower Lead Borrower, any Restricted Subsidiary or any Person that becomes a Restricted Subsidiary Guarantoras a result of such transaction) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, Agreement and (c) upon is on fair and reasonable terms no less favorable to the Lead Borrower or such Subsidiaryand its Restricted Subsidiaries, taken as the case may bea whole, than it would obtain could be obtained in a comparable arm’s arm’s-length transaction with a Person that is not an Affiliate.. Notwithstanding the foregoing, the Lead Borrower and its Restricted Subsidiaries may:

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the US Borrower or any Subsidiary Guarantor) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the US Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the US Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate.

Limitation on Transactions with Affiliates. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of Property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate (other than the Borrower or any Subsidiary GuarantorSubsidiary) unless such transaction is (a) otherwise permitted under this Agreement, (b) in the ordinary course of business of the Borrower or such Subsidiary, as the case may be, and (c) upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary, as the case may be, than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate.