Compliance with Other Instruments, etc. Except as set forth in Section 5.05 hereof, the Transferor Partnership is not in violation of any term contained in the Transferor Partnership Agreement, or to the Transferor Partnership's knowledge in any other material instrument or contract to which the Transferor Partnership is a party relating to the Property, and to the Transferor Partnership's knowledge the Transferor Partnership is not in violation of any order, statute, rule or regulation applicable to it, except for such violations which would not have a Material Adverse Effect. Neither the execution, delivery and performance of this Agreement by the Transferor Partners, nor the contribution of the Transferor Partnership Interests by the Transferor Partners hereunder, will result in any Material Adverse Effect or be in conflict with or constitute a default under the Transferor Partnership Agreement or result in the creation of any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Transferor Partnership, except for Permitted Exceptions.
Appears in 17 contracts
Samples: Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De)