Common use of Compliance with Other Instruments, etc Clause in Contracts

Compliance with Other Instruments, etc. The Borrower Partnership is not in violation of any term contained in the Borrower Partnership Agreement, or to the Transferor Partnership's knowledge in any other material instrument or contract to which the Borrower Partnership is a party, and to the Transferor Partnership's knowledge the Borrower 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 Partnership, nor the contribution of the Transferor Partnership Interests by the Transferor Partners hereunder, nor the assignment and transfer of the Borrower General Partnership Interest by the Borrower Corporate General Partner to the Borrower LLC General Partner will result in any Material Adverse Effect or be in conflict with or constitute a default under the Borrower Partnership Agreement or result in the creation of any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Borrower Partnership.

Appears in 8 contracts

Samples: Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De), Contribution Agreement (Berkshire Realty Co Inc /De)

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