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 or Affiliated Entities is in violation of its respective charter, by-laws, certificate of formation, certificate of limited partnership, limited liability company agreement or similar document or agreement, limited partnership agreement or by-laws (or similar organizational or governing documents) as applicable, 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. 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 Material 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 (nor is the Company or similar organizational or governing documents) or any of its subsidiaries 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 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 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 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.

Absence of Existing Defaults and Conflicts. Neither None of the Company nor any of or its 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 similar organizational or governing any equivalent documents) or (ii) 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 is (i) in violation of its respective chartercertificate of incorporation, certificate of formation, certificate of limited partnership, by-laws, limited liability company agreement, agreement or limited partnership agreement or by-laws (or similar organizational or governing documents) or (ii) 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 in the case of clause (ii) above, such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.