Common use of ECP Clause in Contracts

ECP. The Borrower and each Guarantor (subject to the provisions of Section 26 of the Guaranty) will each be a Qualified ECP Party prior to entering into any Hedging Obligation. Notwithstanding the foregoing, no Subsidiary Guarantor shall be deemed a Guarantor of any Hedging Obligation to the extent the providing of such guaranty would violate applicable eligible contract participant rules or any other applicable law or regulation, provided the foregoing shall not affect any other obligations of such Subsidiary Guarantor as a guarantor hereunder, including, without limitation, the obligations under Section 26 of the Guaranty.

Appears in 3 contracts

Sources: Credit Agreement (Peakstone Realty Trust), Credit Agreement (Griffin Realty Trust, Inc.), Credit Agreement (Griffin Capital Essential Asset REIT II, Inc.)

ECP. The Borrower and each initial Guarantor (subject to the provisions of Section 26 of the Guaranty) will each be is a Qualified ECP Party prior to entering into any Hedging Obligation. Notwithstanding the foregoing, no Subsidiary Guarantor shall be deemed a Guarantor of any Hedging Obligation to the extent the providing of such guaranty would violate applicable eligible contract participant rules or any other applicable law or regulation, provided the foregoing shall not affect any other obligations of such Subsidiary Guarantor as a guarantor hereunder, including, without limitation, the obligations under Section 26 of the Guaranty.

Appears in 1 contract

Sources: Credit Agreement (Griffin Capital Essential Asset REIT II, Inc.)