Acts Prohibited While Loan Outstanding. So long as the Loan is outstanding, the Company shall not: (1) make any loans to the Manager, the Member or any Affiliate of the Member or the Company; (2) except as contemplated by the Loan Documents or otherwise permitted by the Lender in writing, sell, encumber (except with respect to the Lender) or otherwise transfer or dispose of any of the Property; (3) to the fullest extent permitted by law, dissolve, wind-up, or liquidate the Company; (4) merge, consolidate or acquire all or substantially all of the assets of an Affiliate of the Company or any other Person; (5) change the nature of the business conducted by the Company; or (6) except as permitted by the Lender in writing (or, after securitization of the Loan, only if the Company receives (i) confirmation from each of the applicable rating agencies that such amendment, modification or change would not result in the qualification, withdrawal or downgrade of any securities rating and (ii) permission of the Lender in writing), amend, modify or otherwise change the Certificate or this Operating Agreement.
Appears in 6 contracts
Samples: Operating Agreement (DCT Chino LLC), Operating Agreement (DCT Chino LLC), Operating Agreement (DCT Chino LLC)
Acts Prohibited While Loan Outstanding. So long as the Loan is outstanding, the Company shall not:
(1) make any loans to the Manager, the Member or any Affiliate of the Member or the Company;
(2) except as contemplated by the Loan Documents or otherwise permitted by the Lender in writing, sell, encumber (except with respect to the Lender) or otherwise transfer or dispose of any of the Propertylimited liability company interests in the Company;
(3) to the fullest extent permitted by law, dissolve, wind-up, or liquidate the Company;
(4) merge, consolidate or acquire all or substantially all of the assets of an Affiliate of the Company or any other Person;
(5) change the nature of the business conducted by the Company; or
(6) except as permitted by the Lender in writing (or, after securitization of the Loan, only if the Company receives (i) confirmation from each of the applicable rating agencies that such amendment, modification or change would not result in the qualification, withdrawal or downgrade of any securities rating and (ii) permission of the Lender in writing), amend, modify or otherwise change the Certificate or this Operating Agreement.
Appears in 3 contracts
Samples: Operating Agreement (DCT Chino LLC), Operating Agreement (DCT Chino LLC), Operating Agreement (DCT Chino LLC)
Acts Prohibited While Loan Outstanding. So long as the Loan is outstanding, the Company shall not:
(1) make any loans to the Manager, the Member or any Affiliate of the Member or the Company;
(2) except as contemplated by the Loan Documents or otherwise permitted by the Lender in writing, sell, encumber (except with respect to the Lender) or otherwise transfer or dispose of any of the Propertylimited liability company interests in the Company;
(3) to the fullest extent permitted by law, dissolve, wind-up, or liquidate the Company;
(4) merge, consolidate or acquire all or substantially all of the assets of an Affiliate of the Company or any other Person;
(5) change the nature of the business conducted by the Company; or
(6) except as permitted by the Lender in writing (or, after securitization of the Loan, only if the Company receives (ift) confirmation from each of the applicable rating agencies that such amendment, modification or change would not result in the qualification, withdrawal or downgrade of any securities rating and (ii) permission of the Lender in writing), amend, modify or otherwise change the Certificate or this Operating Agreement.
Appears in 1 contract
Samples: Operating Agreement (DCT Chino LLC)
Acts Prohibited While Loan Outstanding. So long as the Loan is outstanding, the Company shall not:
(1) make any loans to the me Manager, the me Member or any Affiliate of the Member or the Company;
(2) except as contemplated by the Loan Documents or otherwise permitted by the Lender in writing, sell, encumber (except with / respect to the Lender) or otherwise transfer or dispose of any of the Propertylimited liability company interests in the Company;
(3) to the fullest extent permitted by law, dissolve, wind-up, or liquidate the Company;
(4) merge, consolidate or acquire all or substantially all of the assets of an Affiliate of the Company or any other Person;
(5) change the nature of the business conducted by the Company; or
(6) except as permitted by the Lender in writing (or, after securitization of the Loan, only if the Company receives (i) confirmation from each of the applicable rating agencies that such amendment, modification or change would not result in the qualification, withdrawal or downgrade of any securities rating and (ii) permission of the Lender in writing), amend, modify or otherwise change the Certificate or this Operating Agreement.
Appears in 1 contract
Samples: Operating Agreement (DCT Chino LLC)