Limiting Agreements Clause Examples

Limiting Agreements. Should the Borrower, the Guarantors or any of their respective Subsidiaries enter into or modify any agreements or documents pertaining to any existing or future Indebtedness or Debt Offering providing for Indebtedness in excess of $500,000.00 or any Equity Offering, which agreements or documents include covenants, whether affirmative or negative, or any other provision which may have the same practical effect as any of the foregoing, which are individually or in the aggregate more restrictive against the Borrower, the Guarantors or their respective Subsidiaries than those set forth in Articles 8 or 9 of this Agreement, the Borrower shall promptly notify the Agent and, if requested by the Agent or the Required Lenders, the Borrower, the Agent, and the Lenders shall promptly amend this Agreement and the other Loan Documents to include some or all of such more restrictive provisions as determined by the Agent or the Required Lenders in their sole discretion, and the Borrower shall cause the Guarantors to consent to such amendment. The Borrower agrees to deliver to the Agent copies of any agreements or documents (or modifications thereof) pertaining to existing or future Indebtedness, Debt Offering or Equity Offering from the Borrower, the Guarantors or any of their respective Subsidiaries as the Agent from time to time may request. Notwithstanding the foregoing, this Section 7.18 shall not apply to covenants (whether affirmative or negative), warranties, defaults or events of default (or any other provision which may have the same practical effect as any of the foregoing) contained in any agreements or documents evidencing or securing Indebtedness that relate only to specific Real Estate that is collateral for such Indebtedness.

Limiting Agreements. Neither Borrower nor any of its Subsidiaries has entered into, and after the date hereof, neither Borrower nor any of its Subsidiaries shall enter into, any Limiting Agreements for assets in the Pool.

Limiting Agreements. Enter into any agreement, instrument or transaction (including without limitation any amendment to or modification of the Secured Term Loan Agreement) which has or may have the effect of prohibiting or limiting Borrower’s or any Guarantor’s ability to pledge to the Administrative Agent any Project within the Unencumbered Pool.

Limiting Agreements. Neither Borrower nor any of its Subsidiaries has entered into, and after the date hereof, neither Borrower nor any of its Subsidiaries shall enter into, any Limiting Agreements; provided that so long as the Borrower has received Table of Contents an S&P Rating and a Xxxxx’x Rating that are BBB/Baa2 or better (respectively), up to five percent (5%) of the Pool Value (after adding the effect of said property) may be subject to debt-related agreements (but not the related mortgages or pledges) that require the owner of the project to mortgage and pledge the project to secure the debt if the Borrower’s S&P Rating and Xxxxx’x Rating are below BBB-/Baa3 (respectively).

Limiting Agreements. 7.17.1. Neither Borrower, the Guarantor, nor any of their respective Subsidiaries shall enter into any agreement, instrument or transaction which has or may have the effect of prohibiting or limiting Borrower's ability to pledge to Agent Real Estate which is owned by the Borrower and is free and clear of all Liens other than the Liens permitted in Section 8.2(i), (iii) and (vi) or any other assets of the Borrower as security for the Loans. Borrower shall take, and shall cause Guarantor and their respective Subsidiaries to take, such actions as are necessary to preserve the right and ability of Borrower to pledge those Real Estate and other assets as security for the Loans without any such pledge after the date hereof causing or permitting the acceleration (after the giving of notice or the passage of time, or otherwise) of any other Indebtedness of Borrower, Guarantor, or any of their respective Subsidiaries. 7.17.2. Borrower shall, upon demand, provide to the Agent such evidence as the Agent may reasonably require to evidence compliance with this Section 7.17, which evidence shall include, without limitation, copies of any agreements or instruments which would in any way restrict or limit the Borrower's ability to pledge assets as security for Indebtedness, or which provide for the occurrence of a default (after the giving of notice or the passage of time, or otherwise) if assets are pledged in the future as security for Indebtedness of the Borrower or any of its Subsidiaries.

Limiting Agreements. The Company is not a party to any agreement which materially limits its ability to expand its businesses or enter into any new businesses.

Limiting Agreements. Without affecting the provisions of Section 5.15 of this Agreement, but cumulative of and in addition thereto: (a) Except for the Indenture dated February 1, 1994 between the Borrower and Xxxxxx Guaranty Trust Company of New York, as Trustee, neither Borrower nor any of its Subsidiaries has entered into, and after the date hereof, neither Borrower nor any of its Subsidiaries shall enter into, any agreement, instrument or transaction which has or may have the effect of prohibiting or limiting Borrower's ability to pledge to Agent as security for the Loans assets now or hereafter owned by Borrower up to the value described in this Section 6.

Limiting Agreements. Unless otherwise permitted under this Agreement, enter into any agreement, instrument or transaction that has or may have the effect of prohibiting or further limiting Borrower’s or any Assignor’s ability to pledge the Collateral described in the Account Agreement and in the Assignment of Interests (or any subsequent Assignment of Interests delivered pursuant to Article 2A).

Limiting Agreements. 1. No Contract prohibits the Company or the Operating Partnership from freely engaging in business anywhere in the world. 2. The Company has entered into approximately 91 mutual non-disclosure agreements with Persons that previously expressed interest in a strategic transaction with the Company and has provided copies of those agreements to the Purchaser.