Common use of Derivatives Contracts Clause in Contracts

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 33 contracts

Samples: Credit Agreement (LGI Homes, Inc.), Credit Agreement (STORE CAPITAL Corp), Term Loan Agreement (Federal Realty OP LP)

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Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which are intended to establish an effective a hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 12 contracts

Samples: Credit Agreement (Diversified Healthcare Trust), Signature (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust)

Derivatives Contracts. The Parent Guarantor and the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Parent Guarantor, the Borrower, any such other Loan Party or any such other Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Parent Guarantor, the Borrower, such any other Loan Party or such other Subsidiary.

Appears in 12 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Term Loan Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 11 contracts

Samples: Credit Agreement (Equity Commonwealth), Term Loan Agreement (Government Properties Income Trust), Term Loan Agreement (Senior Housing Properties Trust)

Derivatives Contracts. The Neither the Parent nor the Borrower shall, and neither the Parent nor the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the Parent, the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Parent, the Borrower, such other Loan Party or such other Subsidiary.

Appears in 9 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)

Derivatives Contracts. The Parent and the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Parent, the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Parent, the Borrower, such other Loan Party or such other Subsidiary.

Appears in 9 contracts

Samples: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such other Loan Party or any such other Subsidiary in the ordinary course of business and which which, when entered into, were intended to establish an effective hedge either (i) in respect of existing or permitted Indebtedness or (ii) in respect of liabilities, commitments or assets held or reasonably anticipated to be held by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 9 contracts

Samples: Credit Agreement (Elme Communities), Credit Agreement (Washington Real Estate Investment Trust), Term Loan Agreement (Washington Real Estate Investment Trust)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, of any Loan Party to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any or such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, Borrower or such other Loan Party or such other Subsidiary.

Appears in 9 contracts

Samples: Term Loan Agreement (Chesapeake Lodging Trust), Credit Agreement (Chesapeake Lodging Trust), Credit Agreement (Chesapeake Lodging Trust)

Derivatives Contracts. The Borrower Company shall not, and shall not permit any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the BorrowerParent, the Company, any such other Loan Party or any such other Subsidiary in the ordinary course of for a bona fide business and which purpose to establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated to be held by the BorrowerParent, such the Company, any other Loan Party or such other Subsidiary.

Appears in 8 contracts

Samples: Credit Agreement (Park Hotels & Resorts Inc.), Loan Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party Subsidiary or any other Subsidiary toLoan Party, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective a hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other a Loan Party or such other Subsidiary.

Appears in 7 contracts

Samples: Credit Agreement (NNN Reit, Inc.), Credit Agreement (National Retail Properties, Inc.), Credit Agreement (National Retail Properties, Inc.)

Derivatives Contracts. The Parent and the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Parent, the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective are established to hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Parent, the Borrower, such other Loan Party or such other Subsidiary.

Appears in 7 contracts

Samples: Assignment and Assumption Agreement (Parkway, Inc.), Term Loan Agreement (Parkway Properties Inc), Assignment and Assumption Agreement (Parkway Properties Inc)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated to be held by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 7 contracts

Samples: Credit Agreement (Hudson Pacific Properties, L.P.), Credit Agreement (Hudson Pacific Properties, L.P.), Term Loan Credit Agreement (Hudson Pacific Properties, L.P.)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which are intended to establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 6 contracts

Samples: Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust)

Derivatives Contracts. The Neither the Parent nor the Borrower shall, and neither the Parent nor the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish establish, or were intended to establish, an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 5 contracts

Samples: Credit Agreement (Broadstone Net Lease Inc), Term Loan Agreement (Broadstone Net Lease Inc), Credit Agreement (Broadstone Net Lease Inc)

Derivatives Contracts. The Parent and the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of of, Derivatives Contracts other than Derivatives Contracts entered into by the Parent, the Borrower, any such other Loan Party or any such other Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other SubsidiaryPerson.

Appears in 4 contracts

Samples: Assignment and Acceptance Agreement (CubeSmart, L.P.), Assignment and Acceptance Agreement (CubeSmart, L.P.), Assignment and Acceptance Agreement (U-Store-It Trust)

Derivatives Contracts. The Parent and the Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Parent, the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which are intended to establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other SubsidiaryPerson.

Appears in 4 contracts

Samples: Credit Agreement (Equity Lifestyle Properties Inc), And Consolidated Credit Agreement (Equity Lifestyle Properties Inc), Term Loan Agreement (Equity Lifestyle Properties Inc)

Derivatives Contracts. The Borrower shall not, and shall not permit Parent or any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts, other than (a) Specified Derivatives Contracts other than or (b) Derivatives Contracts entered into by the BorrowerParent, any such the Borrower or a Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the BorrowerParent, such other the Borrower or a Loan Party or such other Subsidiary(including, without limitation, liabilities under this Agreement).

Appears in 3 contracts

Samples: Term Loan Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which are intended to establish an effective a hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 3 contracts

Samples: Credit Agreement (Select Income Reit), Bridge Loan Agreement (Select Income REIT), Credit Agreement (Select Income REIT)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 3 contracts

Samples: Term Loan Agreement (Select Income REIT), Pledge Agreement (Select Income REIT), Credit Agreement (Select Income REIT)

Derivatives Contracts. The Borrower Borrowers and Parent shall not, and shall not permit any other Loan Party or any other Subsidiary of their respective Subsidiaries to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the BorrowerBorrowers, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the BorrowerBorrowers, such other Loan Party or such other Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (American Realty Capital Properties, Inc.), Option and Subordination Agreement (CapLease, Inc.)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by PPI, the Borrower, any such Loan Party or any such Subsidiary in the ordinary course furtherance of their respective business purposes as provided herein and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiarynot for speculative purposes.

Appears in 2 contracts

Samples: Term Loan Agreement (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary Subsidiary, to, enter into or become obligated in respect of any Derivatives Contracts other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business business, and which establish an effective hedge not for speculative purposes, to protect against changes in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, interest rates so long as such other Loan Party or such other SubsidiaryDerivatives Contracts shall only provide for floating-to-fixed rates.

Appears in 2 contracts

Samples: Credit Agreement (Rouse Properties, Inc.), Credit Agreement (Rouse Properties, Inc.)

Derivatives Contracts. The Borrower shall not, and shall not permit Parent or any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts, other than (a) Specified Derivatives Contracts other than and (b) Derivatives Contracts entered into by the BorrowerParent, any such the Borrower or a Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the BorrowerParent, such other the Borrower or a Loan Party or such other SubsidiaryParty.

Appears in 2 contracts

Samples: Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc)

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Derivatives Contracts. The Borrower Loan Parties shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the Parent, the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Parent, the Borrower, such other Loan Party or such other Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (Smith Douglas Homes Corp.), Credit Agreement (Smith Douglas Homes Corp.)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (Realty Income Corp), Credit Agreement (Realty Income Corp)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the such Borrower, any such other Loan Party or any such other Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the a Borrower, such other Loan Party or such other Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust)

Derivatives Contracts. 95 - The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (LGI Homes, Inc.)

Derivatives Contracts. The Borrower and Parent shall not, and shall not permit any other Loan Party or any other Subsidiary of their respective Subsidiaries to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (CapLease, Inc.)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or Party, any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Bre Properties Inc /Md/)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such other Loan Party or any such other Subsidiary in the ordinary course of business and which which, when entered into, were intended to establish an effective hedge either (i) in respect of existing or permitted Indebtedness or (ii) in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.assets

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment Trust)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business or in connection with any transaction that is not prohibited by this Agreement and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ps Business Parks, Inc./Md)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts, other than (a) Specified Derivatives Contracts other than and (b) Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other a Loan Party or such other Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Maui Land & Pineapple Co Inc)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party Party, the Parent or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such Loan Party Party, the Parent or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party Party, the Parent or such other Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Equity Commonwealth)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which are intended to establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.. 118

Appears in 1 contract

Samples: Credit Agreement (Service Properties Trust)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than 100 Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (LGI Homes, Inc.)

Derivatives Contracts. The Borrower shall not, and shall not permit the Parent, any other Loan Party or any other Subsidiary to, enter into or become obligated in respect of Derivatives Contracts other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 1 contract

Samples: And Consolidated Credit Agreement (First Potomac Realty Trust)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, any such Loan Party or any such Subsidiary in the ordinary course of business and which are intended to establish an effective effectivea hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, such other Loan Party or such other Subsidiary.

Appears in 1 contract

Samples: Term Loan Agreement (Senior Housing Properties Trust)

Derivatives Contracts. The Borrower shall not, and shall not permit any other Loan Party or any other Subsidiary to, to enter into or become obligated in respect of of, Derivatives Contracts Contracts, other than Derivatives Contracts entered into by the Borrower, or any such Loan Party or any such Subsidiary in the ordinary course of business and which establish an effective hedge in respect of liabilities, commitments or assets held or reasonably anticipated by the Borrower, or such other Loan Party or such other SubsidiaryParty.

Appears in 1 contract

Samples: Credit Agreement (Gladstone Commercial Corp)

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