Common use of Limitation on Preferred Stock of Subsidiaries Clause in Contracts

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a Guarantor.

Limitation on Preferred Stock of Subsidiaries. The Company shall will not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Wholly Owned Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Wholly Owned Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Wholly Owned Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Wholly Owned Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Wholly Owned Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Wholly Owned Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall will not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The From and after the Effective Date, the Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall will not cause or permit any of its Restricted Subsidiaries that is not a Guarantor to issue to any Preferred Stock Person (other than to the Company or to a Wholly Owned Restricted Subsidiary of the Company) any Preferred Stock or permit any Person (other than the Company or a Wholly Owned Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall will not permit any of its the Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Subsidiary of the CompanyWholly Owned Subsidiary) or permit any Person (other than the Company or a Restricted Subsidiary of the CompanyWholly Owned Subsidiary) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorSubsidiary.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Wholly-Owned Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Wholly Owned Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany, other than Permitted Domestic Subsidiary Preferred Stock.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Wholly Owned Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Wholly Owned Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany, other than Preferred Stock outstanding on the Issue Date of Subsidiaries formed to facilitate maintaining the Company's REIT status.

Limitation on Preferred Stock of Subsidiaries. The Company Borrower shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company Borrower or to a Wholly-Owned Restricted Subsidiary of the CompanyBorrower) or permit any Person (other than the Company to Borrower or a Wholly-Owned Restricted Subsidiary of the CompanyBorrower) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorBorrower.

Limitation on Preferred Stock of Subsidiaries. The Company shall will not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Subsidiary of the Companywholly owned Subsidiary) or permit any Person (other than the Company or a Restricted Subsidiary of the Companywholly owned Subsidiary) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Wholly Owned Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Wholly Owned Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany, other than Preferred Stock outstanding on the Issue Date of Subsidiaries formed to facilitate maintaining the Company’s REIT status.

Limitation on Preferred Stock of Subsidiaries. The Company shall will not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted wholly-owned Subsidiary of the Company) or permit any Person person (other than the Company or a Restricted wholly-owned Subsidiary of the Company) to own hold any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor Subsidiary to issue any Preferred Stock (other than except Preferred Stock to the Company or to a Restricted Subsidiary of the CompanySubsidiary) or permit any Person (other than the Company or a Subsidiary) to hold any such Preferred Stock unless the Company or such Restricted Subsidiary would be entitled to Incur Indebtedness in compliance with the first paragraph of Section 1008 in the aggregate principal amount equal to the aggregate liquidation value of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a Guarantorto be issued.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its the Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Wholly Owned Restricted Subsidiary of the CompanySubsidiary) or permit any Person (other than the Company or a Wholly Owned Restricted Subsidiary of the CompanySubsidiary) to own any Preferred Stock of any Restricted Subsidiary, other than Permitted Domestic Subsidiary of the Company that is not a GuarantorPreferred Stock.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Wholly Owned Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Wholly Owned Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a Guarantor.Company. 134 -61-

Limitation on Preferred Stock of Subsidiaries. The Company shall will not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a Guarantor.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit (i) any of its Restricted Subsidiaries that is not a Guarantor Subsidiary to issue any Preferred Stock (other than to the Company or to a Restricted Subsidiary of the Companyany Subsidiary) or permit (ii) any Person (other than the Company or a Restricted Subsidiary of the CompanySubsidiary) to own acquire any Preferred Stock of any Restricted Subsidiary of from the Company or any Subsidiary except upon the sale of all the outstanding Capital Stock of such Subsidiary in accordance with the terms of this Indenture; provided that is the foregoing provisions shall not a Guarantorapply to Permitted Subsidiary Preferred Stock.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Wholly Owned Restricted Subsidiary of the Company) 44 51 or permit any Person (other than the Company or a Wholly Owned Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a Guarantor.Company. ARTICLE FIVE SUCCESSOR CORPORATION

Limitation on Preferred Stock of Subsidiaries. The Neither the Company nor the Guarantor shall not permit any of its their Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company Company, the Guarantor or to a Restricted Subsidiary of the CompanyCompany or the Guarantor) or permit any Person (other than the Company Company, the Guarantor or a any of their Restricted Subsidiary of the CompanySubsidiaries) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a or the Guarantor.

Limitation on Preferred Stock of Subsidiaries. The Company shall will not cause or permit any of its Restricted Subsidiaries that is who are not a Guarantor Guarantors to issue any Preferred Stock (other than to the Company or to a Wholly-Owned Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Wholly-Owned Restricted Subsidiary of the Company) to own or hold any Preferred Stock of any Restricted Subsidiary of the Company that is not a Guarantoror any Lien or security interest in such Preferred Stock.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than except to the Company or to a Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Subsidiary of the Company) to own hold any such Preferred Stock of any Restricted unless the Company or such Subsidiary would be entitled to incur or assume Indebtedness under Section 4.8 in the aggregate principal amount equal to the aggregate liquidation value of the Company that is not a GuarantorPreferred Stock to be issued.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Wholly Owned Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Wholly Owned Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany, other than Permitted Foreign Subsidiary Preferred Stock and Permitted Domestic Subsidiary Preferred Stock.

Limitation on Preferred Stock of Subsidiaries. The Company shall will not cause or permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted wholly owned Subsidiary of the Company) or permit any Person (other than the Company or a Restricted wholly owned Subsidiary of the Company) to own or hold any Preferred Stock of any Restricted Subsidiary of the Company that is not a Guarantoror any Lien or security interest in such Preferred Stock.

Limitation on Preferred Stock of Subsidiaries. The Company shall will not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Wholly Owned Restricted Subsidiary of the Companythereof) or permit any Person (other than the Company or a Wholly Owned Restricted Subsidiary of the Companythereof) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to to, issue any Preferred Stock (other than to the Company or to a Restricted Wholly-Owned Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Wholly-Owned Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Wholly Owned Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Wholly Owned Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.

Limitation on Preferred Stock of Subsidiaries. The Company shall not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Subsidiary of the Companywholly owned Subsidiary) or permit any Person person (other than the Company or a Restricted Subsidiary of the Companywholly owned Subsidiary) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorSubsidiary.

Limitation on Preferred Stock of Subsidiaries. The Company shall will not permit any of its Restricted Subsidiaries that is not a Guarantor to issue any Preferred Stock (other than to the Company or to a Restricted Subsidiary of the Company) or permit any Person (other than the Company or a Restricted Subsidiary of the Company) to own any Preferred Stock of any Restricted Subsidiary of the Company that is not a GuarantorCompany.