Common use of Covenants of Contributor Clause in Contracts

Covenants of Contributor. (a) From the date hereof through the Closing, the Contributor shall not: (i) Sell or transfer all or any portion of the Partnership Interest; or (ii) Mortgage, pledge or encumber (or permit to become encumbered) all or any portion of the Partnership Interest. (b) From the date hereof through the Closing, the Contributor shall permit each of the Partnerships to conduct its business in the ordinary course, consistent with past practice, and shall not permit any of the Partnerships to: (i) Enter into any material transaction not in the ordinary course of business; (ii) Sell or transfer any assets of the Partnerships; (iii) Mortgage, pledge or encumber (or permit to become encumbered) any assets of the Partnerships, except (x) liens for taxes not due, (y) purchase money security interests and (z) mechanics' liens being disputed by any of the Partnerships in good faith and by appropriate proceedings; (iv) Amend, modify or terminate any material agreements or other instruments to which any of the Partnerships is a party; or (v) Materially alter the manner of keeping the Partnerships' books, accounts or records or the accounting practices therein reflected. (c) The Contributor shall use its good faith diligent efforts to obtain any approvals, waivers or other consents of third parties required to effect the transactions contemplated by this Contribution Agreement.

Covenants of Contributor. (a) From the date hereof through the Closing, the Contributor shall not: (i) Sell or transfer all or any portion of the Partnership Interest; or (ii) Mortgage, pledge or encumber (or permit to become encumbered) all or any portion of the Partnership Interest. (b) From the date hereof through the Closing, the Contributor shall permit each of the Partnerships to conduct its business in the ordinary course, consistent with past practice, and shall not permit any of the Partnerships to: (i) Enter into any material transaction not in the ordinary course of business; (ii) Sell or transfer any assets of the Partnerships; (iii) Mortgage, pledge or encumber (or permit to become encumbered) any assets of the Partnerships, except (x) liens for taxes not due, (y) purchase money security interests and (z) mechanics' liens being disputed by any of the Partnerships in good faith and by appropriate proceedings; (iv) Amend, modify or terminate any material agreements or other instruments to which any of the Partnerships is are a party; or; (v) Materially alter the manner of keeping the Partnerships' books, accounts or records or the accounting practices therein reflected; or (vi) Make any distribution to its partners. (c) The Contributor shall use its good faith diligent efforts to obtain any approvals, waivers or other consents of third parties required to effect the transactions contemplated by this Contribution Agreement.