Adverse Clauses definition
Adverse Clauses means any provision, clause, section or other language in any Organizational Document of any Restricted Subsidiary that (a) could reasonably be expected to (i) restrict the pro rata percentage of Distributable Cash or the distribution thereof to the applicable Credit Parties (ii) restrict the exercise of remedies by the applicable Credit Parties with respect to their rights in respect of the applicable Restricted Operating Company Subsidiary, (iii) result in restrictions on the applicable Credit Party’s control over the applicable Restricted Operating Company Subsidiary, (iv) adversely impact the Collateral or the Secured Parties’ rights to the Collateral (including any remedies related thereto) or (v) result in a Recapture Liability (whether as a result of such provision, clause, section or other language or as a result of a Person that is a party to the applicable Organizational Document), and (b) in the case of clauses (a)(i), (ii), (iii) and (iv) of this definition, is materially more restrictive in comparison to, or materially impairs the rights of the Credit Parties more than, any provision, clause, section or other language in the Credit Documents or the Project Financing Documents as in effect on the Closing Date (in the case of clauses (iii) and (iv) above, in the aggregate when taken as a whole as it relates to the Organizational Documents and Project Financing Documents of such Restricted Subsidiary).