Absence of Defaults. None of the Parent, the Borrower or any Subsidiary is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 17 contracts
Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)
Absence of Defaults. None of Neither the Parent, the Borrower or Borrower, any Subsidiary nor any other Loan Party is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 13 contracts
Samples: Credit Agreement (Corporate Office Properties Trust), Term Loan Agreement (Corporate Office Properties, L.P.), Term Loan Agreement (Corporate Office Properties, L.P.)
Absence of Defaults. None of the Parent, the Borrower Borrower, any other Loan Party or any other Subsidiary is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary other Loan Party or any other Loan Party Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or Borrower, any Subsidiary or other Loan Party or any other Subsidiary is a party or by which the Parent, the Borrower or Borrower, any Subsidiary or other Loan Party or any other Subsidiary or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 8 contracts
Samples: Credit Agreement (CubeSmart, L.P.), Credit Agreement (CubeSmart, L.P.), Term Loan Agreement (U-Store-It Trust)
Absence of Defaults. None of Neither the ParentBorrower, the Borrower or any Subsidiary nor any other Loan Party is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 7 contracts
Samples: Credit Agreement (United Dominion Realty Trust Inc), Term Loan Agreement (HRPT Properties Trust), Term Loan Agreement (UDR, Inc.)
Absence of Defaults. None of the Parent, the Borrower or any Subsidiary Loan Parties is in default in any material respect beyond any applicable grace period under its certificate or articles of incorporationincorporation or formation, bylaws, partnership agreement, limited liability company agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrowerby, any Subsidiary Loan Party or any other Loan Party Subsidiary under any agreement (other than this AgreementAgreement but, with respect to each Subsidiary of the Borrower, including its articles of incorporation or formation, bylaws, partnership agreement, limited liability company agreement or other similar organizational documents) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party such Person is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party such Person or any of their its respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 6 contracts
Samples: Term Loan Agreement (Realty Income Corp), Term Loan Agreement (Spirit Realty Capital, Inc.), Term Loan Agreement (Spirit Realty Capital, Inc.)
Absence of Defaults. None of Neither the ParentBorrower, the Borrower or any Subsidiary nor any other Loan Party is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, which in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any material agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Samples: Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)
Absence of Defaults. None of the ParentBorrowers, any of the Borrower other Loan Parties or any Subsidiary of the other Subsidiaries is in default in any material respect beyond any applicable grace period under its certificate or articles of incorporationincorporation or formation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the any Borrower, any Subsidiary or any other Loan Party or any other Subsidiary under any agreement Material Contract (other than this Agreement) or judgment, decree or order to which the Parentany Borrower, the Borrower or any Subsidiary or other Loan Party or any other Subsidiary is a party or by which the Parentany Borrower, the Borrower or any Subsidiary or other Loan Party or any other Subsidiary, or any of their respective properties may be bound where where, in the case of (ii), such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Samples: Credit Agreement (Lepercq Corporate Income Fund L P), Credit Agreement (Lexington Realty Trust), Term Loan Agreement (Lexington Realty Trust)
Absence of Defaults. None of Neither the ParentBorrower, the Borrower or any Subsidiary nor any other Loan Party is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documentsGoverning Documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Credit Agreement (Hospitality Properties Trust), Credit Agreement (Hospitality Properties Trust), Interim Loan Agreement (Hospitality Properties Trust)
Absence of Defaults. None of the Parent, the Borrower Borrower, any other Subsidiary or any Subsidiary other Loan Party is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any other Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any other Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (Sl Green Realty Corp), Credit Agreement (Sl Green Realty Corp), Credit Agreement (Sl Green Realty Corp)
Absence of Defaults. None of the Parent, the Borrower Borrower, any other Loan Party or any other Subsidiary is in default in any material respect beyond any applicable grace period under its articles of incorporation, certificate of formation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party or any other Subsidiary is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any other Subsidiary or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Credit Agreement (First Potomac Realty Trust), Term Loan Agreement (First Potomac Realty Trust), Revolving Credit Agreement (First Potomac Realty Trust)
Absence of Defaults. None of Neither the Parent, the Borrower or nor any Subsidiary other Loan Party is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the Parent, the Borrower, Borrower or any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or Borrower, any Subsidiary or any other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Construction Loan Agreement (Corporate Office Properties Trust), Construction Loan Agreement (Corporate Office Properties Trust)
Absence of Defaults. None of Neither the ParentBorrower, the Borrower or any Subsidiary nor any other Loan Party is in default in under any material respect beyond any applicable grace period under provision of its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no . No event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (St Joe Co), Credit Agreement (St Joe Co)
Absence of Defaults. None of the ParentBorrower, any of the Borrower other Loan Parties or any Subsidiary of the other Subsidiaries is in default in any material respect beyond any applicable grace period under its certificate or articles of incorporationincorporation or formation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party or any other Subsidiary under any agreement Material Contract (other than this Agreement) or judgment, decree or order to which the ParentBorrower, the Borrower or any Subsidiary or other Loan Party or any other Subsidiary is a party or by which the ParentBorrower, the Borrower or any Subsidiary or other Loan Party or any other Subsidiary, or any of their respective properties may be bound where where, in the case of (ii), such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (LXP Industrial Trust), Credit Agreement (Lexington Realty Trust)
Absence of Defaults. None of Neither the ParentBorrower, the Borrower or any Subsidiary nor any other Loan Party is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, which in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any material agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default coulddefault, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)
Absence of Defaults. None of the ParentBorrowers, any of the Borrower other Loan Parties or any Subsidiary of the other Subsidiaries is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the any Borrower, any Subsidiary or any other Loan Party or any other Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which the Parentany Borrower, the Borrower or any Subsidiary or other Loan Party or any other Subsidiary is a party or by which the Parentany Borrower, the Borrower or any Subsidiary or other Loan Party or any other Subsidiary, or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Lexington Corporate Properties Trust), Credit Agreement (Lexington Master Limited Partnership)
Absence of Defaults. None of the ParentBorrowers, any of the Borrower other Loan Parties or any Subsidiary of the other Subsidiaries is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the any Borrower, any Subsidiary or any other Loan Party or any other Subsidiary under any agreement Material Contract (other than this Agreement) or judgment, decree or order to which the Parentany Borrower, the Borrower or any Subsidiary or other Loan Party or any other Subsidiary is a party or by which the Parentany Borrower, the Borrower or any Subsidiary or other Loan Party or any other Subsidiary, or any of their respective properties may be bound where where, in the case of (i) or (ii), such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Lexington Realty Trust), Credit Agreement (Lexington Realty Trust)
Absence of Defaults. None of Neither the ParentBorrower, the Borrower or any Subsidiary nor any other Loan Party is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Absence of Defaults. None of Neither the ParentBorrower, the Borrower or any Subsidiary nor any other Loan Party is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit and Security Agreement (Five Star Quality Care Inc)
Absence of Defaults. None of the ParentBorrower, the Borrower or Parent nor any other Subsidiary is in default in any material respect beyond any applicable grace period under its articles or certificate of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the ParentBorrower, the Borrower, any Subsidiary Parent or any other Loan Party Subsidiary under any agreement (other than this Agreementexcluding the Loan Documents) or judgment, decree or order to which the ParentBorrower, the Borrower Parent or any other Subsidiary or other Loan Party is a party or by which the ParentBorrower, the Borrower Parent or any other Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (CNL American Properties Fund Inc)
Absence of Defaults. None of the Parent, the Borrower Borrower, any other Loan Party or any other Subsidiary is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrower, any Subsidiary other Loan Party or any other Loan Party Subsidiary under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or Borrower, any Subsidiary or other Loan Party or any other Subsidiary is a party or by which the Parent, the Borrower or Borrower, any Subsidiary or other Loan Party or any other Subsidiary or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.. β
Appears in 1 contract
Samples: Credit Agreement (CubeSmart, L.P.)
Absence of Defaults. None of Neither the Parent, the Borrower or any Subsidiary, any Joint Venture Subsidiary nor any other Loan Party is in default in any material respect beyond any applicable grace period under its articles of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) constitutes a Default or an Event of Default; or (ii) constitutes, or which with the passage of time, the giving of notice, or both, would constitute, a default or event of default by the Parent, the Borrowerany Subsidiary, any Joint Venture Subsidiary or any other Loan Party under any agreement (other than this Agreement) or judgment, decree or order to which the Parent, the Borrower or any Subsidiary, any Joint Venture Subsidiary or other Loan Party is a party or by which the Parent, the Borrower or any Subsidiary, any Joint Venture Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Absence of Defaults. None of the ParentBorrower, the Borrower or Parent nor any other ------------------- Subsidiary is in default in any material respect beyond any applicable grace period under its articles or certificate of incorporation, bylaws, partnership agreement or other similar organizational documents, and no event has occurred, which has not been remedied, cured or waived, which, in any such case: (i) which constitutes a Default or an Event of Default; or (ii) which constitutes, or which with the passage of time, the giving of notice, a determination of materiality, the satisfaction of any condition, or bothany combination of the foregoing, would constitute, a default or event of default by the ParentBorrower, the Borrower, any Subsidiary Parent or any other Loan Party Subsidiary under any agreement (other than this Agreementexcluding the Loan Documents) or judgment, decree or order to which the ParentBorrower, the Borrower Parent or any other Subsidiary or other Loan Party is a party or by which the ParentBorrower, the Borrower Parent or any other Subsidiary or other Loan Party or any of their respective properties may be bound where such default or event of default could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (CNL American Properties Fund Inc)