Absence of Violations. Neither the Company nor any of its subsidiaries is (i) in violation of its Declaration of Trust, Bylaws, certificate of limited partnership, partnership agreement or similar organizational documents or (ii) in default in the performance or observance of any obligation, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument to which it is a party or by which it or any of its properties may be bound, except, in the case of clause (ii), for such defaults which would not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Glimcher Realty Trust), Equity Distribution Agreement (Glimcher Realty Trust)