Common use of Absence of Existing Defaults and Conflicts Clause in Contracts

Absence of Existing Defaults and Conflicts. Neither the Company nor any of its Subsidiaries is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement or by-laws (or similar organizational or governing documents) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither the Company nor any of its Subsidiaries subsidiaries is (i) in violation of its respective charter, by-laws, limited liability company agreement or certificate of formation, certificate of limited partnershipas applicable, limited liability company agreement, limited partnership agreement or by-laws (or similar organizational or governing documentsii) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have result in a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither None of the Company nor any of or its Subsidiaries (a) is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws bylaws (or similar organizational or governing any equivalent documents) or (b) after giving effect to the Exchange and the transactions contemplated thereby, will be in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. (A) Neither the Company nor any of its Significant Subsidiaries is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws (or similar organizational or governing documents) or and (B) neither the Company nor any of its subsidiaries is in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have result in a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither None of the Company nor any of or its Subsidiaries (a) is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws (or similar organizational or governing any equivalent documents) or (b) after giving effect to the Exchange and the Concurrent Offering and the transactions contemplated thereby, will be in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither the Company nor any of its the Subsidiaries (i) is in violation of its respective charterCertificate of Incorporation, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement or byBy-laws (Laws or similar organizational or governing documentsdocuments (and in the case of the Company’s Subsidiaries that are not Significant Subsidiaries only, in any material respect) or (ii) is in default (breach or violation of any of the terms or provisions of, or with the giving of notice or lapse of time time, or both, would be in default) under default under, any existing obligationcontract, agreementindenture, covenant or condition contained in any indenturemortgage, deed of trust, loan agreement, mortgagenote, lease lease, partnership agreement, or other agreement or instrument to which the Company or any of them Subsidiary is a party or by which any of them is may be bound or to which any of the their properties of any of them is or assets may be subject, except except, in the case of this clause (ii), for such violations or defaults that would not, individually or in the aggregate, not reasonably be expected to have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. (A) Neither the Company nor any of its Significant Subsidiaries is in violation of its respective charter, certificate charter or other constitutive documents and (B) neither the Company nor any of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement or by-laws (or similar organizational or governing documents) or its subsidiaries is in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except except, in the case of clause (B), such defaults that as would not, individually or in the aggregate, not be reasonably be expected likely to have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither None of the Company nor any of or its Subsidiaries (i) is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws (or similar organizational or governing any equivalent documents) or (ii) after giving effect to the Exchange and the transactions contemplated herein, will be in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither None of the Company nor any of or its Significant Subsidiaries is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement or by-laws (or similar organizational or governing documents) document or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, obligation agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither the Company nor any of its Significant Subsidiaries is (i) in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws or (or similar organizational or governing documentsii) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except except, in the case of clause (ii), for such defaults that would notas, individually or in the aggregate, would not have, and would not reasonably be expected to have have, a Material Adverse Effect.