Common use of Limitation on Restrictions Affecting Subsidiaries Clause in Contracts

Limitation on Restrictions Affecting Subsidiaries. The Borrower shall not, and shall not permit any Restricted Subsidiary to, enter into, or suffer to exist, any agreement (other than the Financing Documents, the documents governing the Term Loan Facility and any Existing Affiliate Agreements and, in the case of clause (c), the Master Lease Agreements and any Indebtedness permitted hereunder to be secured by the Collateral and that is subject to the Term Loan Intercreditor Agreement in the capacity of Fixed Asset Obligations) which prohibits or limits the ability of any Restricted Subsidiary to (a) pay dividends or make any other distributions or pay any Indebtedness owed to the Borrower or any other Restricted Subsidiary; (b) make loans or advances to the Borrower or any other Restricted Subsidiary or (c) in the case of any Subsidiary Guarantor, create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired, that is or would be required hereunder to be Collateral securing the obligations of the Borrower and the Subsidiary Guarantors under the Financing Documents; provided that the foregoing shall not prohibit any such prohibition or limitation contained in:

Limitation on Restrictions Affecting Subsidiaries. The Borrower shall not, and shall not permit any Restricted Subsidiary to, enter into, or suffer to exist, any agreement (other than the Financing Documents, the documents governing the Term Loan ABL Facility Documents and any Existing Affiliate Agreements and, in the case of clause (c), the Master Lease Agreements and any Indebtedness permitted hereunder to be secured by the Collateral and that is subject to on a pari passu basis with the Term Loan Intercreditor Agreement in the capacity of Fixed Asset Secured Obligations) which prohibits or limits the ability of any Restricted Subsidiary to (a) pay dividends or make any other distributions or pay any Indebtedness owed to the Borrower or any other Restricted Subsidiary; (b) make loans or advances to the Borrower or any other Restricted Subsidiary or (c) in the case of any Subsidiary Guarantor, create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired, that is or would be required hereunder to be Collateral securing the obligations of the Borrower and the Subsidiary Guarantors under the Financing Documents; provided that the foregoing shall not prohibit any such prohibition or limitation contained in:

Limitation on Restrictions Affecting Subsidiaries. The Borrower shall will not, and shall will not permit any Restricted Subsidiary to, enter intodirectly, or indirectly, create or otherwise cause or suffer to exist, exist any agreement (other than the Financing Documents, the documents governing the Term Loan Facility and any Existing Affiliate Agreements and, in the case of clause (c), the Master Lease Agreements and any Indebtedness permitted hereunder to be secured by the Collateral and that is subject to the Term Loan Intercreditor Agreement in the capacity of Fixed Asset Obligations) encumbrance or restriction which prohibits or limits the ability of any Restricted Subsidiary of the Borrower to (a) pay dividends or make any other distributions or pay any Indebtedness owed to the Borrower or any other Restricted Subsidiary; Subsidiary of the Borrower, (b) make loans or advances to the Borrower or any other Restricted Subsidiary or of the Borrower, (c) in transfer any of its properties or assets to the case of Borrower or any Subsidiary Guarantor, of the Borrower or (d) create, incur, assume or suffer to exist any Lien lien upon any of its property, assets or revenues, whether now owned or hereafter acquired, that is other than encumbrances and restrictions arising under (i) applicable law, (ii) this Agreement and the other Credit Documents, (iii) Indebtedness permitted pursuant to Sections 8.3(b), (c) and (d), (iv) customary provisions restricting subletting or would be required hereunder to be Collateral securing the obligations assignment of any lease governing a leasehold interest of the Borrower or any of its Subsidiaries and (v) customary restrictions on dispositions of real property interests found in reciprocal easement agreements of the Subsidiary Guarantors under the Financing Documents; provided that the foregoing shall not prohibit Borrower or any such prohibition or limitation contained in:of its Subsidiaries.