Common use of ABSENCE OF CONFLICT OR DEFAULT Clause in Contracts

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms of this Agreement by the Dealer Manager will not conflict with, or result in a breach of any of the terms or provisions of, or constitute a default under: (i) its organizational documents; (ii) any material indenture, mortgage, deed of trust, voting trust agreement, note, lease or other material agreement to which the Dealer Manager or its subsidiaries is a party or by which it or any of its subsidiaries may be bound, or to which any of the property or assets of the Dealer Manager is subject; or (iii) any statute rule, regulation, writ, injunction or decree of any government, governmental instrumentality or court, domestic or foreign, having jurisdiction over the Dealer Manager or its assets, properties or operations, except in the case of clause (ii) or (iii) for such conflicts, breaches or defaults that would not, individually or in the aggregate, have a material adverse effect on the condition (financial or otherwise), earnings, business, properties or results of operations of the Dealer Manager.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms of this Agreement by the Dealer Manager and the performance of this Agreement by the Dealer Manager and the consummation of the transactions contemplated herein do not and will not conflict with, or result in a breach of any of the terms or and provisions of, or constitute a default under: : (i) its the Dealer Manager’s articles of formation, bylaws or other organizational documents; , as applicable, (ii) any material indenture, mortgage, deed of trust, voting trust stockholders’ agreement, note, lease or other material agreement or instrument to which the Dealer Manager or its subsidiaries is a party or by which it or any of its subsidiaries the Dealer Manager may be bound, or to which any of the property or assets of the Dealer Manager is subject; or , or (iii) any statute rule, regulation, writ, injunction or decree of any government, governmental instrumentality or court, domestic or foreign, having jurisdiction over the Dealer Manager or its assets, properties or operations, except in the case of clause (ii) or (iii) ), for such conflicts, breaches conflicts or defaults that would not, individually or in the aggregate, have or reasonably be expected to have a material adverse effect on the condition (financial or otherwise)condition, earnings, businessbusiness affairs, properties or results of operations of the Dealer Manager.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein contemplated and compliance with the terms of this Agreement by the Dealer Manager do not and will not conflict with, or result in a breach of any of the terms or and provisions of, or constitute a default under: (i) its the Dealer Manager’s organizational documents; (ii) any material indenture, mortgage, deed of trust, voting trust agreement, note, lease or other material agreement to which the Dealer Manager or its subsidiaries is a party or by which it or any of its subsidiaries may be bound, or to which any of the property or assets of the Dealer Manager is subject; or (iii) any statute statute, rule, regulation, writ, injunction or decree of any government, governmental instrumentality or court, domestic or foreign, having jurisdiction over the Dealer Manager or its assets, properties or operations, except in the case of clause (ii) or (iii) for such conflicts, breaches conflicts or defaults that would not, not individually or in the aggregate, aggregate have a material adverse effect on the condition (financial or otherwise), earnings, business, properties or results of operations of the Dealer Manager.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms of this Agreement by the Dealer Manager and the performance of this Agreement by the Dealer Manager and the consummation of the transactions contemplated herein, do not and will not conflict with, or result in a breach of any of the terms or and provisions of, or constitute a default under: : (i) its the Dealer Manager’s articles of formation, bylaws or other organizational documents; , as applicable, (ii) any material indenture, mortgage, deed of trust, voting trust stockholders’ agreement, note, lease or other material agreement or instrument to which the Dealer Manager or its subsidiaries is a party or by which it or any of its subsidiaries the Dealer Manager may be bound, or to which any of the property or assets of the Dealer Manager is subject; or , or (iii) any statute rule, regulation, writ, injunction or decree of any government, governmental instrumentality or court, domestic or foreign, having jurisdiction over the Dealer Manager or its assets, properties or operations, except in the case of clause (ii) or (iii) ), for such conflicts, breaches conflicts or defaults that would not, individually or in the aggregate, have or reasonably be expected to have a material adverse effect on the condition (financial or otherwise)condition, earnings, businessbusiness affairs, properties or results of operations of the Dealer Manager.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement, the consummation of the transactions herein contemplated and compliance with the terms of this Agreement by the Dealer Manager and the performance of this Agreement by the Dealer Manager and the consummation of the transactions contemplated herein, do not and will not conflict with, or result in a breach of any of the terms or and provisions of, or constitute a default under: : (i) its the Dealer Manager's articles of formation, bylaws or other organizational documents; , as applicable, (ii) any material indenture, mortgage, deed of trust, voting trust stockholders' agreement, note, lease or other material agreement or instrument to which the Dealer Manager or its subsidiaries is a party or by which it or any of its subsidiaries the Dealer Manager may be bound, or to which any of the property or assets of the Dealer Manager is subject; or , or (iii) any statute rule, regulation, writ, injunction or decree of any government, governmental instrumentality or court, domestic or foreign, having jurisdiction over the Dealer Manager or its assets, properties or operations, except in the case of clause (ii) or (iii) ), for such conflicts, breaches conflicts or defaults that would not, individually or in the aggregate, have or reasonably be expected to have a material adverse effect on the condition (financial or otherwise)condition, earnings, businessbusiness affairs, properties or results of operations of the Dealer Manager.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein contemplated and compliance with the terms of this Agreement by the Dealer Manager do not and will not conflict with, or result in a breach of any of the terms or and provisions of, or constitute a default under: : (i) its the Dealer Manager’s organizational documents; ; (ii) any material indenture, mortgage, deed of trust, voting trust agreement, note, lease or other material agreement to which the Dealer Manager or its subsidiaries is a party or by which it or any of its subsidiaries may be bound, or to which any of the property or assets of the Dealer Manager is subject; or or (iii) any statute statute, rule, regulation, writ, injunction or decree of any government, governmental instrumentality or court, domestic or foreign, having jurisdiction over the Dealer Manager or its assets, properties or operations, except in the case of clause (ii) or (iii) for such conflicts, breaches conflicts or defaults that would not, not individually or in the aggregate, aggregate have a material adverse effect on the condition (financial or otherwise), earnings, business, properties or results of operations of the Dealer Manager.

ABSENCE OF CONFLICT OR DEFAULT. The execution and delivery of this Agreement and the performance of this Agreement, the consummation of the transactions contemplated herein contemplated and compliance with the terms of this Agreement by the Dealer Manager do not and will not conflict with, or result in a breach of any of of, the terms or and provisions of, or constitute a default under: (i) its the Dealer Manager’s organizational documents; (ii) any material indenture, mortgage, deed of trust, voting trust agreement, note, lease or other material agreement to which the Dealer Manager or its subsidiaries is a party or by which it or any of its subsidiaries may be bound, or to which any of the property or assets of the Dealer Manager is subject; or (iii) any statute statute, rule, regulation, writ, injunction or decree of any government, governmental instrumentality or court, domestic or foreign, having jurisdiction over the Dealer Manager or its assets, properties or operations, except in the case of clause (ii) or (iii) for such conflicts, breaches conflicts or defaults that would not, not individually or in the aggregate, aggregate have a material adverse effect on the condition (financial or otherwise), earnings, business, properties or results of operations of the Dealer Manager.