Common use of Agreements Restricting Liens and Distributions Clause in Contracts

Agreements Restricting Liens and Distributions. Create or otherwise cause or suffer to exist any prohibition, encumbrance or restriction which prohibits or otherwise (a) restricts the ability (i) of any Subsidiary to make Restricted Payments to any Loan Party or to otherwise transfer property to any Loan Party, (ii) of any Subsidiary to Guarantee the Debt of any Loan Party, or (iii) of the Parent or any Subsidiary to create, incur, assume or suffer to exist Liens on property of such Person; provided, however, that the preceding restrictions shall not apply to prohibitions, encumbrances or restrictions under or by reason of: (A) agreements or instruments governing Debt set forth on Schedule 6.09 and any amendments or other modifications thereto (including any refinancing thereof); provided that such amendments or modifications are no more restrictive, taken as a whole, with respect to such prohibition, encumbrance or restriction than those contained in those agreements as in effect on the Closing Date, (B) applicable law, rule, regulation or order, (C) customary non-assignment provisions in contracts, leases, real property licenses entered into in the ordinary course of business or (D) (with respect to clause (iii) only), any negative pledge incurred or provided in favor of any holder of Debt permitted under Section 6.02(e) solely to the extent any such negative pledge relates to the Property financed by or the subject of such Debt; or (b) requires the grant of a Lien to secure an obligation of such Person if a Lien is granted to secure another obligation of such Person.

Agreements Restricting Liens and Distributions. Create or otherwise cause or suffer to exist The Borrower shall not, nor shall it permit any prohibitionof its Restricted Subsidiaries to, encumbrance or restriction which prohibits or otherwise (a) restricts the ability (i) of any Subsidiary to make Restricted Payments to any Loan Party or to otherwise transfer property to any Loan Party, (ii) of any Subsidiary to Guarantee the Debt of any Loan Party, or (iii) of the Parent or any Subsidiary to create, incur, assume or suffer permit to exist Liens any contract, agreement or understanding (other than this Agreement and the Security Instruments, the Second Lien Loan Documents, the Third Lien Loan Documents and the Senior Unsecured Notes) that in any way prohibits or restricts the granting, conveying, creation or imposition of any Lien on property any of such Personits Property, whether now owned or hereafter acquired, to secure the Obligations or restricts any Restricted Subsidiary from paying dividends to the Borrower, or that requires the consent of or notice to other Persons in connection therewith; provided, however, that the preceding restrictions foregoing shall not apply to prohibitions, encumbrances or (i) restrictions under or and conditions imposed by reason of: (A) agreements or instruments governing Debt set forth on Schedule 6.09 and any amendments or other modifications thereto (including any refinancing thereof); provided that such amendments or modifications are no more restrictive, taken as a whole, with respect to such prohibition, encumbrance or restriction than those contained in those agreements as in effect on the Closing DateLegal Requirements, (B) applicable law, rule, regulation or order, (Cii) customary non-assignment provisions in contractsrestrictions or conditions imposed by any agreement relating to other secured Debt permitted by this Agreement if such restrictions or conditions apply only to the Property securing such Debt, leases, real property licenses entered into in the ordinary course of business or (D) (with respect to clause and (iii) only)restrictions on the granting, any negative pledge incurred conveying, creation or provided in favor imposition of any holder of Debt permitted under Section 6.02(e) solely to the extent any such negative pledge relates to the Property financed by or the subject of such Debt; or (b) requires the grant of a Lien to secure an obligation of the Obligations contained in any agreement or instrument governing secured Additional Subordinated Debt so long as such Person if a Lien is granted restrictions are no less favorable to secure another obligation of such Personthe Lenders than the restrictions set forth in the Intercreditor Agreement or which are otherwise satisfactory to the Administrative Agent and the Required Lenders.