Common use of Contracts; Debt Instruments Clause in Contracts

Contracts; Debt Instruments. (a) Except as disclosed in the Seller SEC Documents, neither Seller nor any Seller Subsidiary is a party to any contract or agreement that purports to limit in any material respect the geographic location in which Seller or any Seller Subsidiary may conduct its business. Neither Seller nor any Seller Subsidiary (i) is in violation of or in default under any material loan or credit agreement, note, bond, mortgage, indenture, lease, permit, concession, franchise, license or any other material contract, agreement, arrangement or understanding, to which it is a party or by which it or any of its properties or assets is bound (excluding primarily as a result of any action or inaction of Lessee or Manager and excluding any of the foregoing with Lessee or Manager) (each, a "Material Contract"), nor (ii) to the Knowledge of Seller does such a violation or default exist, except to the extent that such violation or default referred to in clauses (i) or (ii), individually or in the aggregate, would not have a Seller Material Adverse Effect. Each Material Contract as of the date hereof which has not been filed as an Exhibit to any of the Seller SEC Documents has been or made available to Buyer's representatives at the Data Room, is listed on Seller's Data Room index dated June 15, 1999 or has been provided to Parent or Buyer prior to the date hereof. Seller has made available at the Data Room on or prior to June 15, 1999 or has provided to Parent or Buyer prior to the date hereof all contracts and other agreements relating to the contribution of assets to Seller Partnership in exchange for Seller OP Units (the "Seller Contribution Agreements") and all such agreements are listed on Seller's Data Room index dated June 15, 1999 or have been provided to Parent or Buyer prior to the date hereof.

Contracts; Debt Instruments. (a) Except as disclosed in the Seller SEC Documents, neither Seller nor any Seller Subsidiary there is a party to any no contract or agreement that purports to limit in any material respect the geographic location in which Seller or any Seller Subsidiary may conduct its business. Neither Seller nor any Seller Subsidiary (i) is in violation of or in default under any material loan or credit agreement, note, bond, mortgage, indenture, lease, permit, concession, franchise, license or any other material contract, agreement, arrangement or understanding, to which it is a party or by which it or any of its properties or assets is bound (excluding primarily as a result of any action or inaction of Lessee or Manager and excluding any of the foregoing with Lessee or Manager) (each, a "Material Contract"), nor (ii) to the Knowledge of Seller does such a violation or default exist, except to the extent that such violation or default referred to in clauses (i) or (ii), individually or in the aggregate, would not have a Seller Material Adverse Effect. Each Material Contract as of the date hereof which has not been filed as an Exhibit to any of the Seller SEC Documents has been previously delivered to Xxxxxxxx & Xxxxxxxx or made available to Buyer's representatives at the Data Room, is listed on Seller's Data Room index dated June 15, 1999 or has been provided to Parent or Buyer prior to the date hereof. Seller has made available at the Data Room offices of Xxxx and Xxxx LLP on or prior to June 15February 18, 1999 1999, and a list of all Material Contracts that have not been so filed is set forth in Section 2.18(a) of the Seller Disclosure Letter. Seller has previously delivered to Xxxxxxxx & Xxxxxxxx or has provided made available to Parent Buyer's representatives at the offices of Xxxx and Xxxx LLP on or Buyer prior to the date hereof February 18, 1999, all contracts and other agreements relating to the contribution of assets to Seller Partnership in exchange for Seller OP Units (the "Seller Contribution Agreements"). Except as set forth in Section 2.18(a) and all of the Seller Disclosure Letter, neither Seller nor any of its Subsidiaries is in default in any respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any Material Contract to which it is a party where such agreements are listed on Seller's Data Room index dated June 15default, 1999 individually or in the aggregate, would reasonably be expected to have been provided to Parent or Buyer prior to the date hereofa Seller Material Adverse Effect.

Contracts; Debt Instruments. (a) Except as disclosed in set forth on Schedule 4.15(a) of the Seller SEC DocumentsDisclosure Letter, neither none of Sellers or the Seller nor Subsidiaries has received a written notice that any Seller Subsidiary is a party to any contract or agreement that purports to limit in any material respect the geographic location in which Seller or any Seller Subsidiary may conduct its business. Neither Seller nor any Seller Subsidiary (i) is in violation of or in default under under, nor does there exist any material condition which upon the passage of time or the giving of notice or both would cause such a violation of or default under, any loan or credit agreement, note, bond, mortgage, indenture, lease, permit, concession, franchise, license or any other material contract, agreement, arrangement or understandingunderstanding (each, a "Material Contract"), to which it is a party or by which it or any of its properties or assets is bound (excluding primarily as a result of any action or inaction of Lessee or Manager and excluding any of the foregoing with Lessee or Manager) (each, a "Material Contract")bound, nor (ii) to the Knowledge of Seller does such a violation or default exist, except to the extent that such violation or default referred to in clauses (i) or (ii)default, individually or in the aggregate, would not have a Seller Material Adverse EffectEffect or prevent the consummation of the transactions contemplated by this Agreement and the other Transaction Documents to which such Seller is a party. Each Material Contract as of the date hereof which has not been filed as an Exhibit exhibit to any of the Seller SEC Documents has been or previously made available to Buyer's representatives at the Data Room, Company (except as noted on Schedule 4.15(a) of the Seller Disclosure Letter) and a list of all Material Contracts that have not been so filed is listed on Seller's Data Room index dated June 15, 1999 or has been provided to Parent or Buyer prior to set forth in Schedule 4.15(a) of the date hereofSeller Disclosure Letter. Except as set forth in the Seller has made available at the Data Room on or prior to June 15, 1999 or has provided to Parent or Buyer SEC Documents filed prior to the date hereof all contracts and other agreements relating or on Schedule 4.15(a) of the Seller Disclosure Letter, there is no contract or agreement that purports to limit in any material respect the contribution geographic location in which McREMI, any of assets to the XxXxxx Partnerships or any of the Seller Partnership in exchange for Seller OP Units (the "Seller Contribution Agreements") and all such agreements are listed on Seller's Data Room index dated June 15, 1999 or have been provided to Parent or Buyer prior to the date hereofSubsidiaries may conduct its business.

Contracts; Debt Instruments. (a) Except as disclosed in the Seller SEC Documents, neither Seller nor any Seller Subsidiary there is a party to any no contract or agreement that purports to limit in any material respect the geographic location in which Seller or any Seller Subsidiary may conduct its business. Neither Seller nor any Seller Subsidiary (i) is in violation of or in default under any material loan or credit agreement, note, bond, mortgage, indenture, lease, permit, concession, franchise, license or any other material contract, agreement, arrangement or understanding, to which it is a party or by which it or any of its properties or assets is bound (excluding primarily as a result of any action or inaction of Lessee or Manager and excluding any of the foregoing with Lessee or Manager) (each, a "Material Contract"), nor (ii) to the Knowledge of Seller does such a violation or default exist, except to the extent that such violation or default referred to in clauses (i) or (ii), individually or in the aggregate, would not have a Seller Material Adverse Effect. Each Material Contract as of the date hereof which has not been filed as an Exhibit to any of the Seller SEC Documents has been previously delivered to Sullivan & Cromwell or made available to Buyer's representatives avaixxxxx xx Buxxx'x xxpresentatives at the Data Room, is listed on Seller's Data Room index dated June 15, 1999 or has been provided to Parent or Buyer prior to the date hereof. Seller has made available at the Data Room offices of Hale and Dorr LLP on or prior to June 15Xxxruary 00, 1999 1999, and a list of all Material Contracts that have not been so filed is set forth in Section 2.18(a) of the Seller Disclosure Letter. Seller has previously delivered to Sullivan & Cromwell or has provided to Parent made avaixxxxx xx Buxxx'x xxpresentatives at the offices of Hale and Dorr LLP on or Buyer prior to the date hereof Xxxruary 00, 1999, all contracts and other agreements relating to the contribution of assets to Seller Partnership in exchange for Seller OP Units (the "Seller Contribution Agreements"). Except as set forth in Section 2.18(a) and all of the Seller Disclosure Letter, neither Seller nor any of its Subsidiaries is in default in any respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any Material Contract to which it is a party where such agreements are listed on Seller's Data Room index dated June 15default, 1999 individually or in the aggregate, would reasonably be expected to have been provided to Parent or Buyer prior to the date hereofa Seller Material Adverse Effect.

Contracts; Debt Instruments. (a) Except as disclosed in set forth on Schedule 4.15(a) of the Seller SEC DocumentsDisclosure Letter, neither none of Sellers or the Seller nor Subsidiaries has received a written notice that any Seller Subsidiary is a party to any contract or agreement that purports to limit in any material respect the geographic location in which Seller or any Seller Subsidiary may conduct its business. Neither Seller nor any Seller Subsidiary (i) is in violation of or in default under under, nor does there exist any material condition which upon the passage of time or the giving of notice or both would cause such a violation of or default under, any loan or credit agreement, note, bond, mortgage, indenture, lease, permit, concession, franchise, license or any other material contract, agreement, arrangement or understandingunderstanding (each, a "Material Contract"), to which it is a party or by which it or any of its properties or assets is bound (excluding primarily as a result of any action or inaction of Lessee or Manager and excluding any of the foregoing with Lessee or Manager) (each, a "Material Contract")bound, nor (ii) to the Knowledge of Seller does such a violation or default exist, except to the extent that such violation or default referred to in clauses (i) or (ii)default, individually or in the aggregate, would not have a Seller Material Adverse EffectEffect or prevent the consummation of the transactions contemplated by this Agreement and the other Transaction Documents to which such Seller is a party. Each Material Contract as of the date hereof which has not been filed as an Exhibit exhibit to any of the Seller SEC Documents has been or previously made available to Buyer's representatives at the Data Room, Company (except as noted on Schedule 4.15(a) of the Seller Disclosure Letter) and a list of all Material Contracts that have not been so filed is listed on Seller's Data Room index dated June 15, 1999 or has been provided to Parent or Buyer prior to set forth in Schedule 4.15(a) of the date hereofSeller Disclosure Letter. Except as set forth in the Seller has made available at the Data Room on or prior to June 15, 1999 or has provided to Parent or Buyer SEC Documents filed prior to the date hereof all contracts and other agreements relating or on Schedule 4.15(a) of the Seller Disclosure Letter, there is no contract or agreement that purports to limit in any material respect the contribution geographic location in which McREMI, any of assets to Seller Partnership in exchange for Seller OP Units (the "Seller Contribution Agreements") and all such agreements are listed on Seller's Data Room index dated June 15, 1999 McNeil Partnerships or have been provided to Parent or Buyer prior to the date hereofany of txx Xxxler Subsidiaries may conduct its business.