Common use of Covenants of the Contributor Clause in Contracts

Covenants of the Contributor. From the date hereof through the Closing, except as otherwise provided for or as contemplated by this Agreement, the Contributor shall and shall cause the Contributor Subsidiaries and JV Entities, to the extent the Contributor or the Contributor Subsidiaries control such JV Entities, to, use commercially reasonable efforts to conduct their business and operate and maintain the Properties in the ordinary course, consistent with past practices. In addition, the Contributor: (a) will not make any distributions, other than Permitted Distributions; (b) except for Permitted Activities, will not enter into any transactions with an Affiliate other than on an arm’s-length basis; (c) will not sell, transfer or otherwise dispose of its Property Interests; and (d) will not mortgage, pledge, hypothecate, encumber (or permit to come encumbered) all or any portion of its Property Interests, except for Permitted Liens.

Covenants of the Contributor. From the date hereof through the Merger Closing, except as otherwise provided for or as contemplated by this Agreementthe Transaction Agreements, the Contributor shall and shall cause the Contributor Subsidiaries and JV Entities, to the extent the Contributor or the Contributor Subsidiaries control such JV Entities, to, use commercially reasonable efforts to conduct their business and operate and maintain the Properties in the ordinary course, consistent with past practices. In addition, the Contributor: (a) will not make any distributions, other than Permitted Distributions; (b) except for Permitted Activities, will not enter into any transactions with an Affiliate other than on an arm’s-length basis; (c) will not sell, transfer or otherwise dispose of its Property Interests; and (d) will not mortgage, pledge, hypothecate, encumber (or permit to come become encumbered) all or any portion of its Property Interests, except for Permitted Liens.