Cross-Default Provisions Clause Samples

Cross-Default Provisions. All Collateral which Agent or any Lender has acquired or may at any time acquire from any Borrower or from any other source in connection with the Obligations shall constitute collateral for each and every one of the Obligations, without apportionment or designation as to particular Obligations, and all Obligations, howsoever and whensoever acquired, and the Lenders shall have the right, in their sole discretion to determine the order in which the Lenders' rights in or remedies against any Collateral are to be exercised and which types of Collateral or which portions of Collateral are to be proceeded against and the order of application of proceeds of such Collateral as against particular Obligations. All Loan Documents shall contain cross-default provisions and cross-collateral provisions.

Cross-Default Provisions. With respect to Our Opinions in paragraphs 3 and 4 above, we express no opinion with respect to violations under cross- default provisions referring to or based upon agreements that are not included on Schedule C. For purposes of the preceding sentence, agreements which are attached as exhibits, schedules or attachments to or are otherwise referred to in agreements listed on Schedule C, but are not directly listed on Schedule C, shall not be deemed to be included on Schedule C. Schedule E Excluded Law and Legal Issues In addition to the limitations and exclusions otherwise set forth in paragraphs 3 and 4, none of the opinions or advice set forth in paragraphs 3 and 4 of our letter covers or otherwise addresses any of the following laws, regulations or other governmental requirements or legal issues: 1. State "Blue Sky" laws and regulations; 2. the statutes and ordinances, the administrative decisions and the rules and regulations of counties, towns, municipalities and special political subdivisions (whether created or enabled through legislative action at the Federal, state or regional level) and judicial decisions to the extent that they deal with any of the foregoing.

Cross-Default Provisions. Unless approved by a Supermajority Vote of the Executive Committee, the Partnership shall not incur any indebtedness that contains cross-default provisions, except for any financing the Partnership shall obtain pursuant to Sections 3.8 (e) and (f) hereof.

Cross-Default Provisions. A material breach or default of this Agreement shall constitute a material breach of the Operative Agreements, and vice versa.

Cross-Default Provisions. BCC, each of the Tenants, and Developer each hereby acknowledges and agrees that a material default by BCC, Developer, any Tenant, or their respective Affiliates under any obligation owed by BCC, Developer, any Tenant, or their respective Affiliates to NHP or any Affiliate of NHP arising under or in connection with the Transactions, including, without limitation, a material default under the Purchase Contract Assignments, Leases, Lease Guaranties, Capital Agreements, Deposit Agreements, Development Agreements, Development Guaranties, Environmental Indemnifications, and Refusal Agreements and any related financing statements, collateral assignments, or security agreements (hereinafter individually referred to as an "OBLIGATION" and collectively referred to in this Agreement as the "OBLIGATIONS"), which default is not cured within any applicable cure period provided in the documentation for such Obligation, shall, in NHP's sole, absolute, and uncontrolled discretion, constitute an event of default for purposes of and under (A) such Obligation, and (B) any or all of the other Obligations under the Transactions.

Cross-Default Provisions. A default by Buyer under the provisions of the First Phase Note prior to its purchase of the Second Phase Parcels shall constitute a default under the Contract of Sale whereby Seller shall be entitled to terminate the Contract of Sale in which case Seller shall retain the Deposit as additional consideration and liquidated damages for such breach whereupon Seller, Buyer and the assignee, if any, shall be released and relieved from any liabilities towards each other.

Cross-Default Provisions. The Credit Agreement and the Guaranty shall be amended to provide that the Borrower and the Guarantor shall provide notice to the Banks of any default under the Senior Notes or the Indenture or other documents relating thereto (after giving effect to any applicable grace periods), and the occurrence of any such default (after giving effect to any applicable grace periods) shall constitute an Event of Default under the Credit Agreement and under the Guaranty. However, the Senior Notes, the Indenture or any other documents relating thereto may NOT provide that an Event of Default under the Credit Agreement and/or under the Guaranty shall constitute a default under the Senior Notes, the Indenture or any other documents relating thereto, except in the case of any Event of Default which results in the acceleration of the payment of the Debt or constitutes the failure to pay the Debt when due at maturity or after acceleration.

Cross-Default Provisions. (a) Borrower and Lender hereby agree that a new Section 8.1(s) is hereby added to the Loan Agreement, as follows:

Cross-Default Provisions. With respect to our opinion in paragraph 10 above, we express no opinion with respect to violations under cross-default provisions referring to or based upon agreements that are not included on Schedule D. For purposes of the preceding sentence, agreements which are attached as exhibits, schedules or attachments to or are otherwise referred to in agreements fisted on Schedule D, but are not directly listed on Schedule D, shall not be deemed to be included on Schedule D. Schedule F Excluded Provisions None of the opinions in the letter to which this Schedule is attached covers or otherwise addresses any of the following types of provisions which may be contained in the Transaction Agreements: 1. Provisions mandating contribution towards judgments or settlements among various parties. 2. Provisions which might require indemnification or contribution with respect to any litigation by the Trustee under the Indenture against the Company and the Subsidiary Guarantors determined adversely to the Trustee under the Indenture, or with respect to any loss, cost or expense arising out of such Trustee's negligence or bad faith. 3. Requirements in the Transaction Agreements specifying that provisions thereof may only be waived in writing (these provisions may not be valid, binding or enforceable to the extent that an oral agreement or an implied agreement by trade practice or course of conduct has been created modifying any provision of such documents). Schedule G Excluded Law and Legal Issues In addition to the limitations and exclusions otherwise set forth in ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇ of the opinions or advice set forth in paragraph 10 of our letter covers or otherwise addresses any of the following laws, regulations or other governmental requirements or legal issues: 1. State "Blue Sky" laws and regulations; and 2. the statutes and ordinances, the administrative decisions and the rules and regulations of counties, towns, municipalities and special political subdivisions (whether created or enabled through legislative action at the Federal, state or regional level) and judicial decisions to the extent that they deal with any of the foregoing. We have not undertaken any research for purposes of determining whether the Company and Subsidiary Guarantors or any of the transactions which may occur in connection with the Purchase Agreement or any of the other Transaction Agreements is subject to any law or other governmental requirement other than to those laws and requirements wh...