Limiting Agreements Sample Clauses
Limiting Agreements. (a) Neither Borrower, the Guarantors nor any of their respective Subsidiaries shall enter into, any agreement, instrument or transaction which has or may have the effect of prohibiting or limiting Borrower’s, the Guarantors’ or any of their respective Subsidiaries’ ability to pledge to Agent any of the Pool Properties as security for the Obligations (provided that a requirement to maintain a pool of unencumbered properties to support other Unsecured Debt permitted by this Agreement shall not violate the foregoing covenant). Borrower will not take, and will not permit the Guarantors or any of their respective Subsidiaries to take, any action that would impair the right and ability of Borrower, the Guarantors and their respective Subsidiaries to pledge such assets as security for the Obligations without any such pledge after the date hereof causing or permitting the acceleration (after the giving of notice or the passage of time, or otherwise) of any other Indebtedness of Borrower, the Guarantors or any of their respective Subsidiaries.
(b) Borrower shall, upon demand, provide to the Agent such evidence as the Agent may reasonably require to evidence compliance with this §7.24, which evidence shall include, without limitation, copies of any agreements or instruments which would in any way restrict or limit the Borrower’s, any Guarantor’s or any Subsidiary’s ability to pledge any of the Pool Properties as security for Indebtedness, or which provide for the occurrence of a default (after the giving of notice or the passage of time, or otherwise) if such Pool Properties are pledged in the future as security for Indebtedness of the Borrower or any Guarantor.
Limiting Agreements. (a) Although neither the Borrower nor any Guarantor is required by this Agreement to pledge any assets as collateral for the Obligations, neither Borrower nor any of its Subsidiaries shall enter into, any agreement, instrument or transaction which has or may have the effect of prohibiting or limiting Borrower’s or any Guarantor’s ability to pledge to Agent any of the Unencumbered Pool Assets or Intercompany Loans as security for the Obligations (provided that the requirement to maintain the Unencumbered Pool Assets and Intercompany Loans unencumbered to support the Permitted Unsecured Debt and other Unsecured Debt approved pursuant to §8.2(h) shall not violate the foregoing covenant). Borrower shall take, and shall cause its Subsidiaries to take, such actions as are necessary to preserve the right and ability of Borrower and Guarantors to pledge such assets as security for the Obligations without any such pledge after the date hereof causing or permitting the acceleration (after the giving of notice or the passage of time, or otherwise) of any other Indebtedness of Borrower or any of its Subsidiaries. Notwithstanding anything to the contrary in this §8.5, the provisions of this §8.5 shall not apply to any agreement evidencing Permitted Unsecured Debt and other Unsecured Debt of the Borrower approved pursuant to §8.2(h) which requires the use of the Unencumbered Pool Assets or Intercompany Loans as a borrowing base for such permitted the Unsecured Debt or which contains financial covenants of a similar type to those in §8.1(a) of this Agreement.
(b) Borrower shall, upon demand, provide to the Agent such evidence as the Agent may reasonably require to evidence compliance with this §8.5, which evidence shall include, without limitation, copies of any agreements or instruments which would in any way restrict or limit the Borrower’s or any Guarantor’s ability to pledge the Unencumbered Pool Assets and Intercompany Loans as security for Indebtedness, or which provide for the occurrence of a default (after the giving of notice or the passage of time, or otherwise) if any of the Unencumbered Pool Assets or Intercompany Loans are pledged in the future as security for Indebtedness of the Borrower.
Limiting Agreements. Neither Borrower nor any of its Subsidiaries has entered into, and after the date hereof, neither Borrower nor any of its Subsidiaries shall enter into, any Limiting Agreements for assets in the Pool.
Limiting Agreements. Enter into any agreement, instrument or transaction (including without limitation any amendment to or modification of the Secured Term Loan Agreement) which has or may have the effect of prohibiting or limiting Borrower’s or any Guarantor’s ability to pledge to the Administrative Agent any Project within the Unencumbered Pool.
Limiting Agreements. Neither Borrower nor any of its Subsidiaries has entered into, and after the date hereof, neither Borrower nor any of its Subsidiaries shall enter into, any Limiting Agreements; provided that so long as the Borrower has received Table of Contents an S&P Rating and a Xxxxx’x Rating that are BBB/Baa2 or better (respectively), up to five percent (5%) of the Pool Value (after adding the effect of said property) may be subject to debt-related agreements (but not the related mortgages or pledges) that require the owner of the project to mortgage and pledge the project to secure the debt if the Borrower’s S&P Rating and Xxxxx’x Rating are below BBB-/Baa3 (respectively).
Limiting Agreements. The Company is not a party to any agreement which materially limits its ability to expand its businesses or enter into any new businesses.
Limiting Agreements. Without affecting the provisions of Section 5.15 of this Agreement, but cumulative of and in addition thereto:
(a) Except for the Indenture dated February 1, 1994 between the Borrower and Xxxxxx Guaranty Trust Company of New York, as Trustee, neither Borrower nor any of its Subsidiaries has entered into, and after the date hereof, neither Borrower nor any of its Subsidiaries shall enter into, any agreement, instrument or transaction which has or may have the effect of prohibiting or limiting Borrower's ability to pledge to Agent as security for the Loans assets now or hereafter owned by Borrower up to the value described in this Section 6.
Limiting Agreements. (a) Neither Borrower, the Guarantor, nor any of their respective Subsidiaries or Investment Partnerships shall enter into any agreement, instrument or transaction which has or may have the effect of prohibiting or limiting Borrower's ability to pledge to Agent Real Estate which is owned by the Borrower and is free and clear of all Liens other than the Liens permitted in Section 8.2(i), (iii) and (vi) or any other assets of the Borrower as security for the Loans. Borrower shall take, and shall cause Guarantor and their respective Subsidiaries and Investment Partnerships to take, such actions as are necessary to preserve the right and ability of Borrower to pledge those Real Estate and other assets as security for the Loans without any such pledge after the date hereof causing or permitting the acceleration (after the giving of notice or the passage of time, or otherwise) of any other Indebtedness of Borrower, Guarantor, or any of their respective Subsidiaries or Investment Partnerships.
(b) Borrower shall, upon demand, provide to the Agent such evidence as the Agent may reasonably require to evidence compliance with this Section 7.17, which evidence shall include, without limitation, copies of any agreements or instruments which would in any way restrict or limit the Borrower's ability to pledge assets as security for Indebtedness, or which
Limiting Agreements. Unless otherwise permitted under this Agreement, enter into any agreement, instrument or transaction that has or may have the effect of prohibiting or further limiting Borrower’s or any Assignor’s ability to pledge the Collateral described in the Account Agreement and in the Assignment of Interests (or any subsequent Assignment of Interests delivered pursuant to Article 2A).
Limiting Agreements. So long as Convertible Debentures are outstanding, the Company will not enter into a contract, agreement or understanding that would restrict the Company's ability to pay principal, interest, liquidated damages or penalty interest pursuant to any Transaction Documents.