Common use of Authorization of Operative Documents; No Conflict Clause in Contracts

Authorization of Operative Documents; No Conflict. The ------------------------------------------------- execution, delivery and performance of the Operative Documents have been duly authorized by all necessary action on the part of the Lessee. The execution, delivery and performance by the Lessee of the Operative Documents to which it is a party and the consummation of the transactions contemplated by the Operative Documents do not and will not (i) violate any provision of any law or any governmental rule or regulation applicable to the Lessee, any of the certificate or articles of incorporation or bylaws of the Lessee, or any order, judgment or decree of any court or other agency of government binding on the Lessee or the Property; (ii) conflict with, result in a breach or acceleration of or entitle any other Person to accelerate (with due notice or lapse of time or both) or constitute (with due notice or lapse of time or both) a default under any indenture, loan agreement, other agreement for borrowed money or other material agreement or contractual arrangement by which the Lessee or any of its property or assets may be subject; (iii) result in or require the creation or imposition of any Lien (or the obligation to create or impose any Lien upon any of the properties or assets of the Lessee (other than any Liens created under any of the Operative Documents and other than Permitted Liens); or (iv) require any approval of stockholders or any approval or consent of any Person under any indenture, loan agreement, other agreement for borrowed money or other material agreement or contractual arrangement by which the Lessee or any of its property or assets may be subject, except for such approvals or consents which will be obtained on or before the Closing Date and disclosed in writing to the Lessor and the Agent.

Authorization of Operative Documents; No Conflict. The ------------------------------------------------- execution, delivery and performance by the Guarantor of the Operative Documents to which it is or will be a party have been or as of the relevant date of execution and delivery thereof will be duly authorized by all necessary corporate action on the part of the LesseeGuarantor. The execution, delivery and performance by the Lessee Guarantor of the Operative Documents to which it is or will be a party and the consummation by the Guarantor of the transactions contemplated by the Operative Documents do not and will not (i) violate any material provision of any law or any governmental rule or regulation applicable to the LesseeGuarantor, any of the certificate or articles of incorporation or bylaws of the LesseeGuarantor, or any order, judgment or decree of any court or other agency of government binding on the Lessee Guarantor or the Property; (ii) conflict with, result in a breach or acceleration of or entitle any other Person to accelerate (with due notice or lapse of time or both) or constitute (with due notice or lapse of time or both) a default under under, any indenture, loan agreement, other agreement for borrowed money or other material agreement or material contractual arrangement by which the Lessee Guarantor or any of its property or assets may be subject; (iii) result in or require the creation or imposition of any Lien (or the obligation to create or impose any Lien upon any of the properties or assets of the Lessee Guarantor (other than any Liens created under any of the Operative Documents and other than Permitted Liens); or (iv) require any approval of stockholders or any approval or consent of any Person under any indenture, loan agreement, other agreement for borrowed money or other material agreement or material contractual arrangement by which the Lessee Guarantor or any of its property or assets may be subject, except for such approvals or consents which will be obtained on or before the Closing Date and disclosed in writing to the Lessor and the AgentDate.

Authorization of Operative Documents; No Conflict. The ------------------------------------------------- execution, delivery and performance by the Lessee of the Operative Documents to which it is or will be a party have been or prior to the execution and delivery thereof will be duly authorized by all necessary action on the part of the Lessee. The execution, delivery and performance by the Lessee of the Operative Documents to which it is or will be a party and the consummation by the Lessee of the transactions contemplated by the Operative Documents do not and will not (i) violate any material provision of any law or any governmental rule or regulation applicable to the Lessee, any of the certificate or articles of incorporation or bylaws of Lessee's General Partner or the limited partnership agreement or certificate of limited partnership of the Lessee, or any order, judgment or decree of any court or other agency of government binding on the Lessee or the Property; (ii) conflict with, result in a breach or acceleration of or entitle any other Person to accelerate (with due notice or lapse of time or both) or constitute (with due notice or lapse of time or both) a default under any indenture, loan agreement, other agreement for borrowed money or other material agreement or contractual arrangement by which the Lessee or any of its property or assets may be subject; (iii) result in or require the creation or imposition of any Lien (or the obligation to create or impose any Lien upon any of the properties or assets of the Lessee (other than any Liens created under any of the Operative Documents and other than Permitted Liens); or (iv) require any approval of stockholders partners (other than the Lessee's General Partner) or any approval or consent of any Person under any indenture, loan agreement, other agreement for borrowed money or other material agreement or contractual arrangement by which the Lessee or any of its property or assets may be subject, except for such approvals or consents which will be obtained on or before the Closing Date and disclosed in writing to the Lessor and the AgentDate.

Authorization of Operative Documents; No Conflict. The ------------------------------------------------- execution, delivery and performance by the Lessee's General Partner of the Operative Documents to which the Lessee (as Lessee or as Construction Agent) is or will be a party and the execution, delivery and, to the extent applicable, performance by the Lessee's General Partner of the Operative Documents to which it is or will be a party have each been duly authorized by all necessary action on the part of the Lessee's General Partner. The execution, delivery and performance by the Lessee Lessee's General Partner of the Operative Documents to which it is a party and the consummation of the transactions contemplated by the Operative Documents do not and will not (i) violate any provision of any law or any governmental rule or regulation applicable to the Lessee's General Partner, any of the certificate or articles of incorporation or bylaws of the Lessee's General Partner, or any order, judgment or decree of any court or other agency of government binding on the Lessee Lessee's General Partner or the Property; (ii) conflict with, result in a breach or acceleration of or entitle any other Person to accelerate (with due notice or lapse of time or both) or constitute (with due notice or lapse of time or both) a default under any indenture, loan agreement, or other agreement for borrowed money or other material agreement or contractual arrangement by which the Lessee Lessee's General Partner or any of its property or assets may be subject; (iii) result in or require the creation or imposition of any Lien (or the obligation to create or impose any Lien upon any of the properties or assets of the Lessee Lessee's General Partner (other than any Liens created under any of the Operative Documents and other than Permitted Liens); or (iv) require any approval of stockholders or any approval or consent of any Person under any indenture, loan agreement, other agreement for borrowed money or other material agreement or contractual arrangement by which the Lessee Lessee's General Partner or any of its property or assets may be subject, except for such approvals or consents which will be obtained on or before the Closing Date and disclosed in writing to the Lessor and the Agent.