Common use of Conflicting Agreements and Other Matters Clause in Contracts

Conflicting Agreements and Other Matters. Neither the Company nor any of its Subsidiaries is a party to any contract or agreement or subject to any charter or other corporate restriction which materially and adversely affects the consolidated business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole. Neither the execution nor delivery of this Agreement or the Notes, nor the offering, issuance and sale of the Notes, nor fulfillment of nor compliance with the terms and provisions hereof and of the Notes will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties or assets of the Company or any of its Subsidiaries pursuant to, the charter or by-laws of the Company or any of its Subsidiaries, any award of any arbitrator or any agreement (including any agreement with stockholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company or any of its Subsidiaries is subject. Neither the Company nor any of its Subsidiaries is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company or such Subsidiary, any agreement relating thereto or any other contract or agreement (including its charter) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt of the Company of the type to be evidenced by the Notes except as set forth in the agreements listed in SCHEDULE 8G attached hereto (as such Schedule 8G may have been modified from time to time by written supplements thereto delivered by the Company and accepted in writing by Prudential).

Conflicting Agreements and Other Matters. Neither the Company nor any of its Subsidiaries is a party to any contract or agreement or subject to any charter or other corporate restriction which materially and adversely affects the consolidated its business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a wholeoperations. Neither the execution nor delivery of this Agreement Agreement, the Subsidiary Guaranty or the Notes, nor the offering, issuance and sale of the Notes, nor fulfillment of nor compliance with the terms and provisions hereof and of hereof, the Subsidiary Guaranty or the Notes will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties or assets of the Company or any of its Subsidiaries pursuant to, the charter or by-laws (or comparable governing documents) of the Company or any of its Subsidiaries, any award of any arbitrator or any agreement (including any agreement with stockholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company or any of its Subsidiaries is subject. Neither the Company nor any of its Subsidiaries is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness Debt of the Company or such Subsidiary, any agreement relating thereto or any other contract or agreement (including its chartercharter or comparable governing documents) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt of the Company of the type to be evidenced by the Notes except as set forth in the agreements listed in SCHEDULE Schedule 8G attached hereto (as such Schedule 8G may have been modified from time to time by written supplements thereto delivered by the Company and accepted in writing by to Prudential).

Conflicting Agreements and Other Matters. Neither the Company Guarantor nor any of its Subsidiaries is a party to any contract or agreement or subject to any charter or other corporate restriction which materially and adversely affects the consolidated its business, property or assets, condition (financial or otherwise) or operations operations. None of the Company execution and its Subsidiaries taken as a whole. Neither the execution nor delivery of this Participation Agreement or any other Operative Document, the Notes, nor the offering, issuance and sale making of the Notes, nor Loans or the fulfillment of nor or compliance with the terms and provisions hereof and of the Notes other Operative Documents will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties or assets of the Company Guarantor or any of its Subsidiaries pursuant to, the charter or by-laws of the Company Guarantor or any of its Subsidiaries, any award of any arbitrator or any agreement (including any agreement with stockholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company Guarantor or any of its Subsidiaries is subject. Neither the Company Guarantor nor any of its Subsidiaries is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company Guarantor or such Subsidiary, any agreement relating thereto or any other contract or agreement (including its charter) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt of the Company Guarantor of the type to be evidenced by that the Notes Obligations constitute except as set forth in the agreements listed in SCHEDULE 8G Schedule IV attached hereto (as such Schedule 8G IV) may have been modified from time to time by written supplements thereto delivered by the Company Guarantor and accepted in writing by Prudentialthe Required Participants).

Conflicting Agreements and Other Matters. Neither the Company Credit Parties nor any of its their respective Subsidiaries is a party to any contract or agreement or subject to any charter or other corporate restriction which materially and adversely affects the consolidated business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as could reasonably be expected to result in a wholeMaterial Adverse Effect. Neither the execution nor delivery of this Agreement Agreement, the Shelf Notes or the Notesany other Transaction Document, nor the offering, issuance and sale of the Shelf Notes, nor fulfillment of nor compliance with the terms and provisions hereof and of the Shelf Notes will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties or assets of the Company any Credit Party or any of its their respective Subsidiaries pursuant to, the charter or by-laws of the Company or any of its Subsidiariessuch Person, any award of any arbitrator or any agreement (including any agreement with stockholdersstockholders of such Person), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company Issuer or any of its Subsidiaries is subject. Neither the Company Credit Parties nor any of its their respective Subsidiaries is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company or such SubsidiaryPerson, any agreement relating thereto or any other contract or agreement (including its charter) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt Indebtedness of the Company such Person of the type to be evidenced by the Shelf Notes or created by the Subsidiary Guaranty except as set forth in the agreements listed in SCHEDULE Schedule 8G attached hereto (as such Schedule 8G may have been modified from time to time by written supplements thereto delivered by the Company and accepted in writing by Issuer to Prudential).

Conflicting Agreements and Other Matters. Neither the Company nor any of its Subsidiaries Such Guarantor is not a party to any contract or agreement or subject to any charter charter, by law, limited liability company operating agreement, partnership agreement or other corporate corporate, limited liability company or partnership restriction which materially could reasonably be expected to have a Material Adverse Effect. The execution and adversely affects the consolidated business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole. Neither the execution nor delivery of this Agreement or the NotesGuaranty, nor the offering, issuance and sale of the Notes, nor fulfillment and the performance of nor compliance with the terms and provisions hereof and of the Notes will not conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien Lien, other than Liens created pursuant to the Collateral Documents, upon any of the properties or assets of the Company or any of its Subsidiaries such Guarantor pursuant to, the charter certificate of incorporation or articles of organization (as the case may be), the charter, by-laws laws, limited liability company operating agreement or partnership agreement of the Company or any of its Subsidiariessuch Guarantor, any award of any arbitrator or any agreement (including any agreement with stockholders, members or partners), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company or any of its Subsidiaries such Guarantor is subject. Neither the Company nor any of its Subsidiaries Such Guarantor is not is a party to, or otherwise subject to any provision contained in, in any instrument evidencing any Indebtedness of the Company or such SubsidiaryGuarantor, any agreement relating thereto or any other contract or agreement (including its charter, by-laws, limited liability company operating agreement or partnership agreement) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt obligations of the Company such Guarantor of the type to be evidenced by the Notes this Guaranty except as set forth in the agreements listed in SCHEDULE Schedule 8G attached hereto to the Note Agreement (as such Schedule 8G may have been modified from time to time by written supplements thereto delivered by the Company and accepted in writing by Prudential).

Conflicting Agreements and Other Matters. Neither the Company nor any of its Subsidiaries is a party to any contract or agreement or subject to any charter or other corporate restriction which materially and adversely affects the consolidated business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole. Neither the execution nor delivery of this Agreement or the NotesGuarantee, nor the offering, issuance and sale of the NotesNotes by the Company, nor fulfillment of nor compliance with the terms and provisions hereof and by such Guarantor or any of the Notes its Subsidiaries will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties or assets of the Company such Guarantor or any of its Subsidiaries pursuant to, the charter or by-laws of the Company such Guarantor or any of its Subsidiaries, any award of any arbitrator or any loan agreement, mortgage, deed of trust, indenture or other material agreement (including any agreement with stockholdersstockholders of such Guarantor or Persons with direct or indirect ownership interests in stockholders of such Guarantor), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company such Guarantor or any of its Subsidiaries is subject. Neither the Company such Guarantor nor any of its Subsidiaries is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness any Debt of the Company such Guarantor or such Subsidiary, any agreement relating thereto or any other contract or agreement (including its charter) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt obligations of the Company such Guarantor of the type to be evidenced by this Guarantee except for the Notes except Credit Agreement and as set forth in the agreements listed in SCHEDULE 8G attached hereto (as such on Schedule 8G may have been modified from time to time by written supplements thereto delivered by the Company and accepted in writing by Prudential)3B hereto.

Conflicting Agreements and Other Matters. Neither the Company Guarantor nor any of its Subsidiaries is a party to any contract or agreement or subject to any charter or other limited liability company or corporate restriction which materially and adversely affects the consolidated business, property or assets, or financial condition (financial or otherwise) or operations of the Company Guarantor and its Subsidiaries Subsidiaries, taken as a whole. Neither the execution nor delivery of this Agreement Guaranty, the Note Agreement, the Notes or the Notesany other Transaction Document, nor the offering, issuance and sale of the Notes, nor fulfillment of nor compliance with the terms and provisions hereof and of the Note Agreement, the Notes or any other Transaction Document will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties or assets of the Company Guarantor or any of its Subsidiaries pursuant to, the charter or charter, by-laws laws, limited liability company agreement or other organizational documents of the Company Guarantor or any of its Subsidiaries, any award of any arbitrator or any agreement (including any agreement with members or stockholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company Guarantor or any of its Subsidiaries is subject, except to the extent any such conflict, breach, defaults, violation or creation of a Lien could not reasonably be expected to have a Material Adverse Effect. Neither Except as set forth in the Limited Liability Company Agreement (as in effect on the date hereof) and as set forth in Schedule 3.7, neither the Guarantor nor any of its Subsidiaries is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness indebtedness of the Company Guarantor or such Subsidiary, any agreement relating thereto or any other contract or agreement (including its charterlimited liability company agreement, charter or other organizational documents) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt of the Guarantor represented by this Guaranty or Debt of the Company of the type to be evidenced by the Notes except as set forth in the agreements listed in SCHEDULE 8G attached hereto (as such Schedule 8G may have been modified from time to time by written supplements thereto delivered by the Company and accepted in writing by Prudential)Notes.

Conflicting Agreements and Other Matters. Neither the Company nor any of its Subsidiaries is a party to any contract or agreement or subject to any charter or other corporate restriction which materially The execution and adversely affects the consolidated business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole. Neither the execution nor delivery of this Agreement or the NotesGuaranty, nor the offering, issuance and sale of the Notes, nor fulfillment and the performance of nor compliance with the terms and provisions hereof and of the Notes will not conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien Lien, other than Liens created pursuant to the Collateral Documents, upon any of the properties or assets of the Company such Guarantor or any of its Subsidiaries pursuant to, the charter certificate of incorporation or articles of organization (as the case may be), the by-laws or limited liability company agreement (as the case may be) of the Company such Guarantor or any of its Subsidiaries, any award of any arbitrator or any agreement (including any agreement with stockholdersstockholders of such Guarantor or Persons with direct or indirect ownership interests in stockholders of such Guarantor), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company such Guarantor or any of its Subsidiaries is subject. Neither the Company such Guarantor nor any of its Subsidiaries is a party to, or otherwise subject to any provision contained in, any instrument evidencing any Indebtedness of the Company such Guarantor or such Subsidiary, any agreement relating thereto or any other contract or agreement (including its charter) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt obligations of the Company such Guarantor of the type to be evidenced by the Notes this Guaranty except as set forth in the agreements listed in SCHEDULE Schedule 8G attached hereto to the Note Agreement (as such Schedule 8G may have been modified from time to time by written supplements thereto delivered by the Company and accepted in writing by Prudential).

Conflicting Agreements and Other Matters. Neither the Company nor any of its Subsidiaries is a party to any contract or agreement or subject to any charter or other corporate restriction which materially and adversely affects the consolidated business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as would reasonably be expected to have a wholeMaterial Adverse Effect. Neither the execution nor delivery of this Agreement Agreement, the Notes or the Notesany other Note Document, nor the offering, issuance and sale of the Notes, nor the granting of the Liens under the Security Documents, nor fulfillment of nor compliance with the terms and provisions hereof and of the Notes and the other Note Documents will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties Properties or assets of the Company or any of its Subsidiaries pursuant to, the charter or by-laws corporate agreement (or equivalent constitutive document) of the Company or any of its Subsidiaries, any award of any arbitrator or any agreement (including any agreement with stockholdersshareholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company or any of its Subsidiaries is subject. Neither the Company nor any of its Subsidiaries is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company or such Subsidiary, any agreement relating thereto or any other contract or agreement (including its charter) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt (i) Indebtedness of the Company of the type to be evidenced by the Notes or (ii) Indebtedness of any Guarantor of the type to be evidenced by the Guaranty Agreement, except as set forth in the agreements listed in SCHEDULE Schedule 8G attached hereto (as such Schedule 8G may have been modified from time to time by written supplements thereto delivered by the Company and accepted in writing by Prudential)hereto.

Conflicting Agreements and Other Matters. Neither the Company nor any of its Subsidiaries is a party to any contract or agreement or subject to any charter or other corporate restriction which materially and adversely affects the consolidated business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole. Neither the execution nor delivery of this Agreement or any of the Notesother Project Documents to which Holdings or any of its Subsidiaries is a party, nor the offering, issuance and sale of the Notes, nor fulfillment of nor compliance with the terms and provisions hereof and of any of the Notes other Project Documents to which it or any of its Subsidiaries is a party will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or or, except as contemplated hereby, result in the creation of any Lien upon any of the properties or assets of the Company Holdings or any of its Subsidiaries pursuant to, the charter or by-laws code of the Company regulations of Holdings or any of its Subsidiaries, any award of any arbitrator or any agreement (including any agreement with stockholders), nor any instrument, order, judgment, decree, statute, law, rule or regulation to which the Company Holdings or any of its Subsidiaries is subject. Neither the Company Holdings nor any of its Subsidiaries is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness indebtedness of the Company Holdings or such Subsidiaryany of its Subsidiaries, any agreement relating thereto or any other contract or agreement (including its charter) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt obligations of the Company Holdings of the type to be evidenced by undertaken hereunder and under the Notes other Project Documents except as set forth in the agreements listed in SCHEDULE 8G attached hereto (as such Schedule 8G may have been modified from time to time by written supplements thereto delivered by the Company and accepted in writing by Prudential)Exhibit 5H hereto.

Conflicting Agreements and Other Matters. Neither the Company nor any of its Subsidiaries is a party to any contract or agreement or subject to any charter or other corporate restriction which materially The execution and adversely affects the consolidated business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole. Neither the execution nor delivery of this Agreement or the NotesGuaranty, nor the offering, issuance and sale of the Notes, nor and the fulfillment of nor or the compliance with the terms and provisions hereof and of the Notes will not conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties or assets of the Company such Guarantor or any of its Subsidiaries pursuant to, the charter certificate of incorporation or articles of organization (as the case may be), the by-laws or limited liability company agreement (as the case may be) of the Company such Guarantor or any of its Subsidiaries, any award of any arbitrator or any agreement (including any agreement with stockholdersstockholders of such Guarantor or Persons with direct or indirect ownership interests in stockholders of such Guarantor), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company such Guarantor or any of its Subsidiaries is subject. Neither the Company such Guarantor nor any of its Subsidiaries is a party to, or otherwise subject to any provision contained in, any instrument evidencing any Indebtedness of the Company such Guarantor or such Subsidiary, any agreement relating thereto or any other contract or agreement (including its charter) which limits the amount of, or otherwise imposes restrictions on the incurring of, Debt obligations of the Company such Guarantor of the type to be evidenced by the Notes except as set forth in the agreements listed in SCHEDULE 8G attached hereto (as such Schedule 8G may have been modified from time to time by written supplements thereto delivered by the Company and accepted in writing by Prudential)this Guaranty.