Common use of Absence of Defaults Clause in Contracts

Absence of Defaults. None of the Loan Parties or any of the other Subsidiaries is in default under its certificate or articles of incorporation or formation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which any such Person is a party or by which any such Person or any of its respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 9 contracts

Samples: Term Loan Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)

AutoNDA by SimpleDocs

Absence of Defaults. None of Neither the Borrower, any Subsidiary nor any other Loan Parties or any of the other Subsidiaries Party is in default under its certificate or articles of incorporation or formationincorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which the Borrower or any such Person Subsidiary or other Loan Party is a party or by which the Borrower or any such Person Subsidiary or other Loan Party or any of its their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Heritage Property Investment Trust Inc), Credit Agreement (Heritage Property Investment Trust Inc), Term Loan Agreement (Heritage Property Investment Trust Inc)

Absence of Defaults. None of the No Loan Parties Party or any of the other Subsidiaries Subsidiary is in default under its declaration of trust, certificate or articles of incorporation or formationincorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such casewaived and which is not the subject of a forbearance agreement: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any other Loan Party or any other Subsidiary under any agreement (other than this Agreementexcluding any Loan Document) or judgment, decree or order to which any such Person Loan Party or any other Subsidiary is a party or by which any such Person or any of its respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), Second Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust)

Absence of Defaults. None of the Loan Parties or any of the other Subsidiaries is in default under its certificate or articles of incorporation or formation, bylaws, partnership agreement, limited liability company agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrowerby, any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which any such Person is a party or by which any such Person or any of its respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Realty Income Corp), Credit Agreement (Realty Income Corp), Credit Agreement (Realty Income Corp)

Absence of Defaults. None of the No Loan Parties or Party nor any of the other Subsidiaries Subsidiary is in default under its declaration of trust, certificate or articles of incorporation or formationincorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any other Loan Party or any other Subsidiary under any agreement (other than this Agreementexcluding any Loan Document) or judgment, decree or order to which any such Person Loan Party or any other Subsidiary is a party or by which any such Person or any of its respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Term Loan Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust)

Absence of Defaults. None of Neither the Borrower, any Subsidiary nor any other Loan Parties or any of the other Subsidiaries Party is in default under its certificate or articles of incorporation or formation, bylaws, partnership agreement or other similar organizational documentsGoverning Documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which the Borrower or any such Person Subsidiary or other Loan Party is a party or by which the Borrower or any such Person Subsidiary or other Loan Party or any of its their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Senior Housing Properties Trust), Management Agreement (Hospitality Properties Trust), Credit Agreement (Hospitality Properties Trust)

Absence of Defaults. None of Neither the Borrower, any Subsidiary nor any other Loan Parties or any of the other Subsidiaries Party is in default under its certificate or articles of incorporation or formation, bylaws, partnership agreement or other similar organizational documentsGoverning Documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which the Borrower or any such Person Subsidiary or other Loan Party is a party or by which the Borrower or any such Person Subsidiary or other Loan Party or any of its their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Senior Housing Properties Trust), Credit Agreement (Hospitality Properties Trust)

Absence of Defaults. None of PPI, the Loan Parties Borrower, any other Subsidiary or any of the other Subsidiaries Loan Party is in default under its certificate or articles of incorporation or formation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parentby, PPI, the Borrower, any other Loan Party Subsidiary or any other Subsidiary Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which any such Person is a party or by which any such Person or any of its respective properties may be bound where such default or event of default couldis reasonably expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Term Loan Agreement (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp)

Absence of Defaults. None of the No Loan Parties Party or any of the other Subsidiaries Subsidiary is in default under its declaration of trust, certificate or articles of incorporation or formationincorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any other Loan Party or any other Subsidiary under any agreement (other than this Agreementexcluding any Loan Document) or judgment, decree or order to which any such Person Loan Party or any other Subsidiary is a party or by which any such Person or any of its respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust)

Absence of Defaults. None of Neither the Borrower, any Subsidiary nor any other Loan Parties or any of the other Subsidiaries Party is in default under any material provision of its certificate or articles of incorporation or formationincorporation, bylaws, partnership agreement or other similar organizational documents, and no . No event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which the Borrower or any such Person Subsidiary or other Loan Party is a party or by which the Borrower or any such Person Subsidiary or other Loan Party or any of its their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (St Joe Co), Credit Agreement (St Joe Co)

AutoNDA by SimpleDocs

Absence of Defaults. None of the Borrower, the other Loan Parties or any of the other Subsidiaries is in default under has violated any material provision of its certificate or articles of incorporation or formationincorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which any such Person is a party or by which any such Person or any of its respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Equity One, Inc.), Credit Agreement (Equity One Inc)

Absence of Defaults. None of Neither the Borrower, any Subsidiary nor any ------------------- other Loan Parties or any of the other Subsidiaries Party is in default under its certificate or declaration of trust, articles of incorporation or formationincorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, or both, both would constitute, a default or event of default by the Parent, the Borrower, any other Subsidiary or any Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which the Borrower, any such Person Subsidiary or other Loan Party is a party or by which the Borrower, any such Person Subsidiary or Loan Party or any of its their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Term Loan Agreement (Federal Realty Investment Trust), Federal Realty Investment Trust

Absence of Defaults. None of the Loan Parties or any of the other Subsidiaries is in default under its certificate or articles of incorporation or formation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which any such Person is a party or by which any such Person or any of its respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.. (p)

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

Absence of Defaults. None of Neither the Parent, any Subsidiary nor any other Loan Parties or any of the other Subsidiaries Party is in default under its certificate or articles of incorporation or formationincorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which the Borrower or any such Person Subsidiary or other Loan Party is a party or by which the Borrower or any such Person Subsidiary or other Loan Party or any of its their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Pledge Agreement (Ashford Hospitality Trust Inc)

Absence of Defaults. None of the Loan Parties or any of the other Subsidiaries is in default under its certificate or articles of incorporation or formation, bylaws, partnership agreement or 83 other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which any such Person is a party or by which any such Person or any of its respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

Absence of Defaults. None of Neither the Borrower, any Subsidiary nor any other Loan Parties or any of the other Subsidiaries Party is in default under its certificate or articles of incorporation or formationincorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, or both, both would constitute, a default or event of default by the Parent, the Borrower, any other Subsidiary or any Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which the Borrower, any such Person Subsidiary or other Loan Party is a party or by which the Borrower, any such Person Subsidiary or Loan Party or any of its their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Mgi Properties)

Time is Money Join Law Insider Premium to draft better contracts faster.