Common use of Additional Restrictive Covenants Clause in Contracts

Additional Restrictive Covenants. Except for Permitted Restrictive Covenants and restrictions existing under or by reason of (a) applicable Requirements of Law, (b) the Subordinated Note Documents, (c) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of any Borrower or any Subsidiary of any Borrower, (d) restrictions on the transfer of any asset subject to a Lien permitted pursuant to Sections 8.4(c) and (k), and (e) customary restrictions in agreements relating to the sale of a Subsidiary of any Borrower, pending consummation of such sale, no Borrower shall, or shall permit any of its Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective: (i) any consensual restriction limiting the ability (whether by covenant, event of default, subordination or otherwise and including any such the effect of which is to require the providing of equal and ratable security to any other Person in the event a Lien is granted to or for the benefit of the Agent and the Lenders) to (A) pay dividends or make any other distributions on shares of its Capital Securities held by any Borrower or any other Subsidiary of any Borrower; (B) pay any obligation to any Borrower or any other Subsidiary of any Borrower; (C) make any loans or advances to or other Investments in any Borrower or in any other Subsidiary of any other Borrower; or (D) create or permit to exist any Lien upon the assets of any Borrower or any Subsidiary of any Borrower, other than Liens permitted under Section 8.4; or (ii) any contractual obligation which could reasonably be expected to restrict or otherwise inhibit in any material respect the Agent's rights or ability to sell or otherwise dispose of the Collateral or any part thereof after the occurrence of an Event of Default.

Additional Restrictive Covenants. Except for Permitted Restrictive Covenants Covenants, Borrower shall not and restrictions existing under or by reason of (a) applicable Requirements of Law, (b) the Subordinated Note Documents, (c) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of any Borrower or any Subsidiary of any Borrower, (d) restrictions on the transfer of any asset subject to a Lien permitted pursuant to Sections 8.4(c) and (k), and (e) customary restrictions in agreements relating to the sale of a Subsidiary of any Borrower, pending consummation of such sale, no Borrower shall, or shall not permit any of its Subsidiaries to, directly or of indirectly, create or otherwise cause or suffer to exist or become effective: effective (iA) any consensual restriction limiting the ability (whether by covenant, event of default, subordination or otherwise and including any such the effect of which is to require the providing of equal and ratable security to any other Person in the event a Lien is granted to or for the benefit of the Agent and the Lenders) to (AI) pay dividends or make any other distributions on shares of its Capital Securities held by any Borrower or any other Subsidiary of any Borrower; (BII) pay any obligation Liability owed to any Borrower or any other Subsidiary of any BorrowerSubsidiary; (CIII) make any loans or advances to or other Investments in any Borrower or in any other Subsidiary of any other Borrower; or (DIV) create or permit to exist any Lien upon the assets of any Borrower or any Subsidiary of any Borrower, other than Liens permitted under Section SECTION 8.4; or (iiB) any contractual obligation which could reasonably be expected to may restrict or otherwise inhibit in any material respect the Agent's rights or ability to sell or otherwise dispose of the Collateral or any part thereof after the occurrence of an Event of Default.

Additional Restrictive Covenants. Except for Permitted Restrictive Covenants and restrictions existing under or by reason of (a) applicable Requirements of Law, (b) the Subordinated Note Documents, (c) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of any Borrower or any Subsidiary of any Borrower, (d) restrictions on the transfer of any asset subject to a Lien permitted pursuant to Sections 8.4(c) and (k), and (e) customary restrictions in agreements relating to the sale of a Subsidiary of any Borrower, pending consummation of such sale, no No Borrower shall, or shall permit any of its Subsidiaries to, directly or of indirectly, create or otherwise cause or suffer to exist or become effective: effective (ia) any consensual restriction limiting the ability (whether by covenant, event of default, subordination or otherwise and including any such the effect of which is to require the providing of equal and ratable security to any other Person in the event a Lien is granted to or for the benefit of the Agent and the Lenders) to (Ai) pay dividends or make any other distributions on shares of its Capital Securities held by any Borrower or any other Subsidiary of any Borrower; (Bii) pay any obligation Liability owed to any Borrower or any other Subsidiary of or any Borrower; (Ciii) make any loans or advances to or other Investments in any Borrower or in any other Subsidiary of any other Borrower; or (Div) create or permit to exist any Lien upon the assets of any Borrower or any Subsidiary of any Borrower, other than Liens permitted under Section SECTION 8.4; or (iib) any contractual obligation which could reasonably be expected to may restrict or otherwise inhibit in any material respect the Agent's rights or ability to sell or otherwise dispose of the Collateral or any part thereof after the occurrence of an Event of Default; other than Permitted Restrictive Covenants.

Additional Restrictive Covenants. Except for Permitted Restrictive Covenants and restrictions existing under or by reason of (a) applicable Requirements of Law, (b) the Subordinated Note Documents, (c) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of any Borrower or any Subsidiary of any Borrower, (d) restrictions on the transfer of any asset subject to a Lien permitted pursuant to Sections 8.4(c) and (k), and (e) customary restrictions in agreements relating to the sale of a Subsidiary of any Borrower, pending consummation of such sale, no No Borrower shall, or shall permit -------------------------------- any of its Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective: effective (ia) any consensual restriction limiting the ability (whether by covenant, event of default, subordination or otherwise and including any such the effect of which is to require the providing of equal and ratable security to any other Person in the event a Lien is granted to or for the benefit of the Agent and the Lenders) to (Ai) pay dividends or make any other distributions on shares of its Capital Securities held by any Borrower or any other Subsidiary of any Borrower; (Bii) pay any obligation Liability owed to any Borrower or any other Subsidiary of any Borrower; (Ciii) make any loans or advances to or other Investments in any Borrower or in any other Subsidiary of any other Borrower; or (Div) create or permit to exist any Lien upon the assets of any Borrower or any Subsidiary of any Borrower, other than Liens permitted under Section 8.4; or (iib) any contractual obligation which could reasonably be expected to may restrict or otherwise inhibit in any material respect the Agent's rights or ability to sell or otherwise dispose of the Collateral or any part thereof after the occurrence of an Event of Default; other than Permitted Restrictive Covenants.

Additional Restrictive Covenants. Except for Permitted Restrictive Covenants and restrictions existing under or by reason of (a) applicable Requirements of Law, (b) the Subordinated Note Documents, (c) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of any Borrower or any Subsidiary of any Borrower, (d) restrictions on the transfer of any asset subject to a Lien permitted pursuant to Sections 8.4(c) and (k), and (e) customary restrictions in agreements relating to the sale of a Subsidiary of any Borrower, pending consummation of such sale, no No Borrower shall, or shall permit any of its Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective: effective (ia) any consensual restriction limiting the ability (whether by covenant, event of default, subordination or otherwise and including any such the effect of which is to require the providing of equal and ratable security to any other Person in the event a Lien is granted to or for the benefit of the Agent and the Lenders) to (Ai) pay dividends or make any other distributions on shares of its Capital Securities held by any Borrower or any other Subsidiary of any Borrower; (Bii) pay any obligation Liability owed to any Borrower or any other Subsidiary of or any Borrower; (Ciii) make any loans or advances to or other Investments in any Borrower or in any other Subsidiary of any other Borrower; or (Div) create or permit to exist any Lien upon the assets of any Borrower or any Subsidiary of any Borrower, other than Liens permitted under Section 8.4; or (iib) any contractual obligation which could reasonably be expected to may restrict or otherwise inhibit in any material respect the Agent's ’s rights or ability to sell or otherwise dispose of the Collateral or any part thereof after the occurrence of an Event of Default.

Additional Restrictive Covenants. Except for Permitted Restrictive Covenants and restrictions existing under or by reason of (a) applicable Requirements of Law, (b) the Subordinated Note Documents, (c) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of any Borrower or any Subsidiary of any Borrower, (d) restrictions on the transfer of any asset subject to a Lien permitted pursuant to Sections 8.4(c) and (k), and (e) customary restrictions in agreements relating to the sale of a Subsidiary of any Borrower, pending consummation of such sale, no No Borrower shall, or shall permit any of its Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective: effective (ia) any consensual restriction limiting the ability (whether by covenant, event of default, subordination or otherwise and including any such the effect of which is to require the providing of equal and ratable security to any other Person in the event a Lien is granted to or for the benefit of the Agent and the Lenders) to (Ai) pay dividends or make any other distributions on shares of its Capital Securities held by any Borrower or any other Subsidiary of any Borrower; (Bii) pay any obligation Liability owed to any Borrower or any other Subsidiary of or any Borrower; (Ciii) make any loans or advances to or other Investments in any Borrower or in any other Subsidiary of any other Borrower; or (Div) create or permit to exist any Lien upon the assets of any Borrower or any Subsidiary of any Borrower, other than Liens permitted under Section SECTION 8.4; or (iib) any contractual obligation which could reasonably be expected to may restrict or otherwise inhibit in any material respect the Agent's rights or ability to sell or otherwise dispose of the Collateral or any part thereof after the occurrence of an Event of Default; other than Permitted Restrictive Covenants and other than under the Senior Note Indenture, the Subordinated Note Indenture and any Senior Refinancing Indebtedness.

Additional Restrictive Covenants. Except for Permitted Restrictive Covenants Borrower shall not and restrictions existing under or by reason of (a) applicable Requirements of Law, (b) the Subordinated Note Documents, (c) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of any Borrower or any Subsidiary of any Borrower, (d) restrictions on the transfer of any asset subject to a Lien permitted pursuant to Sections 8.4(c) and (k), and (e) customary restrictions in agreements relating to the sale of a Subsidiary of any Borrower, pending consummation of such sale, no Borrower shall, or shall not permit any of its Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective: effective (ia) any consensual restriction limiting the ability (whether by covenant, event of default, subordination or otherwise and including any such the effect of which is to require the providing of equal and ratable security to any other Person in the event a Lien is granted to or for the benefit of the Agent and the Lenders) to (Ai) pay dividends or make any other distributions on shares of its Capital Securities held by any Borrower or any other Subsidiary of any Borrower; (Bii) pay any obligation Liability owed to any Borrower or any other Subsidiary of any BorrowerSubsidiary; (Ciii) make any loans or advances to or other Investments in any Borrower or in any other Subsidiary of any other Borrower; or (Div) create or permit to exist any Lien upon the assets of any Borrower or any Subsidiary of any Borrower, other than Liens permitted under Section 8.4; or (iib) any contractual obligation which could reasonably be expected to may restrict or otherwise inhibit in any material respect the Agent's rights or ability to sell or otherwise dispose of the Collateral or any part thereof after the occurrence of an Event of Default; other than Permitted Restrictive Covenants.

Additional Restrictive Covenants. Except for Permitted Restrictive Covenants and restrictions existing under or by reason of (a) applicable Requirements of Law, (b) the Subordinated Note Documents, (c) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of any Borrower or any Subsidiary of any Borrower, (d) restrictions on the transfer of any asset subject to a Lien permitted pursuant to Sections 8.4(c) and (k), and (e) customary restrictions in agreements relating to the sale of a Subsidiary of any Borrower, pending consummation of such sale, no No Borrower shall, or shall permit any of its Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective: effective (iA) any consensual restriction limiting the ability (whether by covenant, event of default, subordination or otherwise and including any such the effect of which is to require the providing of equal and ratable security to any other Person in the event a Lien is granted to or for the benefit of the Agent and the Lenders) to (AI) pay dividends or make any other distributions on shares of its Capital Securities held by any Borrower or any other Subsidiary of any Borrower; (BII) pay any obligation Liability owed to any Borrower or any other Subsidiary of or any Borrower; (CIII) make any loans or advances to or other Investments in any Borrower or in any other Subsidiary of any other Borrower; or (DIV) create or permit to exist any Lien upon the assets of any Borrower or any Subsidiary of any Borrower, other than Liens permitted under Section 8.4SECTION 8.3; or (iiB) any contractual obligation which could reasonably be expected to may restrict or otherwise inhibit in any material respect the Agent's rights or ability to sell or otherwise dispose of the Collateral or any part thereof after the occurrence of an Event of Default.; other than

Additional Restrictive Covenants. Except for Permitted Restrictive Covenants and restrictions existing under or by reason of (a) applicable Requirements of LawThe Borrower shall not, (b) the Subordinated Note Documents, (c) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of any Borrower or any Subsidiary of any Borrower, (d) restrictions on the transfer of any asset subject to a Lien permitted pursuant to Sections 8.4(c) and (k), and (e) customary restrictions in agreements relating to the sale of a Subsidiary of any Borrower, pending consummation of such sale, no Borrower shall, or nor shall it permit any of its Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective: effective (ia) any consensual restriction limiting the ability (whether by covenant, event of default, subordination or otherwise and including any such the effect of which is to require the providing of equal and ratable security to any other Person in the event a Lien is granted to or for the benefit of the Agent and the Lenders) to (Ai) pay dividends or make any other distributions on shares of its Capital Securities held by any the Borrower or any other Subsidiary of any the Borrower; (Bii) pay any obligation Liability owed to any the Borrower or any other Subsidiary of any the Borrower; (Ciii) make any loans or advances to or other Investments in any the Borrower or in any other Subsidiary of any other Borrower; the Borrower or (Div) create or permit to exist any Lien upon the assets of any the Borrower or any Subsidiary of the Borrower or (b) any Borrower, contractual obligation (other than in respect of Liens permitted under Section 8.4; or (ii8.4(e)) any contractual obligation which could reasonably be expected to restrict or otherwise inhibit in any material respect the Agent's ’s rights or ability to sell or otherwise dispose of the Collateral or any part thereof after the occurrence of an Event of Default, in each case, other than Permitted Restrictive Covenants.