Common use of Changes, etc Clause in Contracts

Changes, etc. Since the date of the Proxy Statement/Prospectus (a) the Company and its Subsidiaries have not incurred any material liabilities or obligations, direct or contingent, or entered into any material transactions not in the ordinary course of business except for those transactions described in the Proxy Statement/Prospectus as constituting a part of the Conversion Transaction, and (b) there has not been (i) any material adverse change in the business, property or assets, condition (financial or other), operations or prospects of the Company and its Subsidiaries taken as a whole, or (ii) any Restricted Payment of any kind declared, paid or made by the Company other than regular quarterly declarations and payments of distributions to unit holders of the Company in accordance with paragraph 6A of the Senior Note Agreements.

Changes, etc. Since the date of the Proxy Statement/Prospectus (a) the Company and its Subsidiaries have not incurred any material liabilities or obligations, direct or contingent, or entered into any material transactions not in the ordinary course of business except for those transactions described in the Proxy Statement/Prospectus as constituting a part of the Conversion Transaction, and (b) there has not been (i) any material adverse change in the business, property or assets, condition (financial or other), operations or prospects of the Company and its Subsidiaries taken as a whole, or (ii) any Restricted Payment of any kind declared, paid or made by the Company other than regular quarterly declarations and payments of distributions to unit holders of the Company in accordance with paragraph 6A of the Senior Note AgreementsCompany.

Changes, etc. Since the date of the Proxy Statement/Prospectus (a) the Company and its Subsidiaries have not incurred any material liabilities or obligations, direct or contingent, or entered into any material transactions not in the ordinary course of business except for those transactions described in the Proxy Statement/Prospectus as constituting a part of the Conversion Transaction, and (b) there has not been (i) any material adverse change in the business, property or assets, condition (financial or other), operations or prospects of the Company and its Subsidiaries taken as a whole, or (ii) any Restricted Payment of any kind declared, paid or made by the Company other than regular quarterly declarations and payments of distributions to unit holders of the Company in accordance with paragraph 6A of the Senior Note AgreementsAgreement.