Common use of No Violations or Defaults Clause in Contracts

No Violations or Defaults. Neither the Company nor any of its subsidiaries, (i) is in violation of its declaration of trust or by-laws or other similar organizational documents, (ii) is in default (and no event has occurred which, with notice or lapse of time or both, would constitute a default) in the performance or observance of any obligation, agreement, term, covenant or condition contained in a contract, indenture, mortgage, deed of trust, loan or credit agreement, note, lease (under which the Company or a subsidiary is landlord or otherwise), ground lease (under which such the Company or a subsidiary is tenant), development agreement, reciprocal easement agreement, deed restriction, parking management agreements, or other agreement or instrument to which it is a party or by which it or any of them is a party or may be bound, or to which any of the Properties (as hereinafter defined) or any of the property or assets of the Company or such subsidiary is subject (collectively, “Agreements or Instruments”), except for any such default which would not, individually or in the aggregate, have a Material Adverse Effect, or (iii) is in violation of any law, ordinance, governmental rule, regulation or court decree to which it or the Properties or any of its other properties or assets may be subject.

Appears in 12 contracts

Samples: Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust), Equity Distribution Agreement (Kite Realty Group Trust)

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No Violations or Defaults. Neither None of the Company Transaction Entities nor any of its subsidiariesthe Subsidiaries, (i) is in violation of its declaration of trust charter or by-laws or other similar organizational documents, (ii) is in default (and no event has occurred which, whether with or without the giving of notice or lapse passage of time or both, would constitute a default) in the performance or observance of any obligation, agreement, term, covenant or condition contained in a contract, indenture, mortgage, deed of trust, loan or credit agreement, note, lease (under which the Company such Transaction Entity or a subsidiary Subsidiary is landlord or otherwise), ground lease or air space lease (under which such the Company Transaction Entity or a subsidiary Subsidiary is tenant), development agreement, reciprocal easement agreement, deed restriction, hotel management agreement, parking management agreements, or other agreement or instrument to which it is a party or by which it or any of them is a party or may be bound, or to which any of the Properties (as hereinafter defined) or any of the property or assets of the Company such Transaction Entity or such subsidiary Subsidiary is subject (collectively, “Agreements or Instruments”), except for any such default which would not, individually or in the aggregate, have a Material Adverse Effect, or (iii) is in violation of any law, ordinance, governmental rule, regulation or court decree to which it or the Properties or any of its other properties or assets may be subject, except for such defaults or violations that would not have, individually or in the aggregate, a Material Adverse Effect.

Appears in 7 contracts

Samples: Equity Distribution Agreement (BioMed Realty Trust Inc), Underwriting Agreement (BioMed Realty Trust Inc), Equity Distribution Agreement (BioMed Realty Trust Inc)

No Violations or Defaults. Neither None of the Company Transaction Entities nor any of its subsidiariesthe Subsidiaries, (i) is in violation of its declaration of trust charter or by-laws or other similar organizational documents, (ii) is in default (and no event has occurred which, whether with or without the giving of notice or lapse passage of time or both, would constitute a default) in the performance or observance of any obligation, agreement, term, covenant or condition contained in a contract, indenture, mortgage, deed of trust, loan or credit agreement, note, lease (under which the Company such Transaction Entity or a subsidiary Subsidiary is landlord or otherwise), ground lease or air space lease (under which such the Company Transaction Entity or a subsidiary Subsidiary is tenant), development agreement, reciprocal easement agreement, deed restriction, hotel management agreement, parking management agreements, or other agreement or instrument to which it is a party or by which it or any of them is a party or may be bound, or to which any of the Properties (as hereinafter defined) or any of the its property or assets of the Company such Transaction Entity or such subsidiary Subsidiary is subject (collectively, “Agreements or Instruments”), except for any such default which would not, individually or in the aggregate, have a Material Adverse Effect, or (iii) is in violation of any law, ordinance, governmental rule, regulation or court decree to which it or the Properties or any of its other properties or assets may be subject, except for such defaults or violations that would not have, individually or in the aggregate, a Material Adverse Effect.

Appears in 5 contracts

Samples: Underwriting Agreement (BioMed Realty Trust Inc), Biomed Realty (BioMed Realty Trust Inc), BioMed Realty Trust Inc

No Violations or Defaults. Neither None of the Company Transaction Entities nor any of its subsidiariesthe Subsidiaries, (i) is in violation of its declaration of trust charter or by-laws or other similar organizational documents, (ii) is in default (and no event has occurred which, whether with or without the giving of notice or lapse passage of time or both, would constitute a default) in the performance or observance of any obligation, agreement, term, covenant or condition contained in a contract, indenture, mortgage, deed of trust, loan or credit agreement, note, lease (under which the Company such Transaction Entity or a subsidiary Subsidiary is landlord or otherwise), ground lease or air space lease (under which such the Company Transaction Entity or a subsidiary Subsidiary is landlord or tenant), development agreement, reciprocal easement agreement, deed restriction, hotel management agreement, parking management agreements, or other agreement or instrument to which it is a party or by which it or any of them is a party or may be bound, or to which any of the Properties (as hereinafter defined) or any of the property or assets of the Company such Transaction Entity or such subsidiary Subsidiary is subject (collectively, “Agreements or Instruments”), except for any such default which would not, individually or in the aggregate, have a Material Adverse Effect, or (iii) is in violation of any law, ordinance, governmental rule, regulation or court decree to which it or the Properties or any of its other properties or assets may be subject, except for such defaults or violations that would not have, individually or in the aggregate, a Material Adverse Effect.

Appears in 4 contracts

Samples: Underwriting Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P), Equity Distribution Agreement (BioMed Realty L P)

No Violations or Defaults. Neither None of the Company Transaction Entities nor any of its subsidiariesthe Subsidiaries, (i) is in violation of its declaration of trust charter or by-laws or other similar organizational documents, (ii) is in default (and no event has occurred which, whether with or without the giving of notice or lapse passage of time or both, would constitute a default) in the performance or observance of any obligation, agreement, term, covenant or condition contained in a contract, indenture, mortgage, deed of trust, loan or credit agreement, note, lease (under which the Company such Transaction Entity or a subsidiary Subsidiary is landlord or otherwise), ground lease or air space lease (under which such the Company Transaction Entity or a subsidiary Subsidiary is a landlord or tenant), development agreement, reciprocal easement agreement, deed restriction, hotel management agreement, parking management agreements, or other agreement or instrument to which it is a party or by which it or any of them is a party or may be bound, or to which any of the Properties (as hereinafter defined) or any of the property or assets of the Company such Transaction Entity or such subsidiary Subsidiary is subject (collectively, “Agreements or Instruments”), except for any such default which would not, individually or in the aggregate, have a Material Adverse Effect, or (iii) is in violation of any law, ordinance, governmental rule, regulation or court decree to which it or the Properties or any of its other properties or assets may be subject, except for such defaults or violations that would not have, individually or in the aggregate, a Material Adverse Effect.

Appears in 3 contracts

Samples: Underwriting Agreement (BioMed Realty Trust Inc), Underwriting Agreement (BioMed Realty Trust Inc), BioMed Realty L P

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No Violations or Defaults. Neither the Company nor any of its subsidiaries, (i) is in violation of its declaration of trust or by-laws or other similar organizational documents, (ii) is in default (and no event has occurred which, with notice or lapse of time or both, would constitute a default) in the performance or observance of any obligation, agreement, term, covenant or condition contained in a contract, indenture, mortgage, deed of trust, loan or credit agreement, note, lease (under which the Company or a subsidiary is landlord or otherwise), ground lease (under which such the Company or a subsidiary is tenant), development agreement, reciprocal easement agreement, deed restriction, parking management agreements, or other agreement or instrument to which it is a party or by which it or any of them is a party or may be bound, or to which any of the Properties (as hereinafter defined) or any of the property or assets of the Company or such subsidiary is subject (collectively, “Agreements or Instruments”), except for any such default which would not, individually or in the aggregate, have a Material Adverse Effect, or (iii) is in violation of any law, ordinance, governmental rule, regulation or court decree to which it or the Properties or any of its other properties or assets may be subject.

Appears in 1 contract

Samples: Equity Distribution Agreement (Kite Realty Group, L.P.)

No Violations or Defaults. Neither None of the Company Transaction Entities, the Contribution Entities, nor any of its subsidiariesthe Subsidiaries, (i) is in violation of its declaration of trust charter or by-laws or other similar organizational organization documents, (ii) is in default (and no event has occurred which, whether with or without the giving of notice or lapse passage of time or both, would constitute a default) in the performance or observance of any obligation, agreement, term, covenant or condition contained in a contract, indenture, mortgage, deed of trust, loan or credit agreement, note, lease (under which the Company such Transaction Entity or a subsidiary Subsidiary is landlord or otherwise), ground lease or air space lease (under which such the Company Transaction Entity or a subsidiary Subsidiary is tenant), development agreement, reciprocal easement agreement, deed restriction, hotel management agreement, parking management agreements, or other agreement or instrument to which it is a party or by which it or any of them is a party or may be bound, or to which any of the Properties (as hereinafter defined) or any of the its property or assets of the Company such Transaction Entity or such subsidiary Subsidiary is subject (collectively, “Agreements or Instruments”"AGREEMENTS OR INSTRUMENTS"), except for any such default which would not, individually or in the aggregate, have a Material Adverse Effect, or (iii) is in violation of any law, ordinance, governmental rule, regulation or court decree to which it or the Properties or any of its other properties or assets may be subject, except for such defaults or violations that would not have a Material Adverse Effect.

Appears in 1 contract

Samples: BioMed Realty Trust Inc

No Violations or Defaults. Neither None of the Company Transaction Entities nor any of its subsidiariesthe Subsidiaries, (i) is in violation of its declaration of trust charter or by-laws or other similar organizational documents, (ii) is in default (and no event has occurred which, whether with or without the giving of notice or lapse passage of time or both, would constitute a default) in the performance or observance of any obligation, agreement, term, covenant or condition contained in a contract, indenture, mortgage, deed of trust, loan or credit agreement, note, lease (under which the Company such Transaction Entity or a subsidiary Subsidiary is a landlord or otherwise), ground lease or air space lease (under which such the Company Transaction Entity or a subsidiary Subsidiary is a landlord or tenant), development agreement, reciprocal easement agreement, deed restriction, hotel management agreement, parking management agreements, or other agreement or instrument to which it is a party or by which it or any of them is a party or may be bound, or to which any of the Properties (as hereinafter defined) or any of the property or assets of the Company such Transaction Entity or such subsidiary Subsidiary is subject (collectively, “Agreements or Instruments”), except for any such default which would not, individually or in the aggregate, have a Material Adverse Effect, or (iii) is in violation of any law, ordinance, governmental rule, regulation or court decree to which it or the Properties or any of its other properties or assets may be subject, except, in each case, for such defaults or violations that would not have, individually or in the aggregate, a Material Adverse Effect.

Appears in 1 contract

Samples: Equity Distribution Agreement (BioMed Realty L P)

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