Common use of Limiting Agreements Clause in Contracts

Limiting Agreements. (a) Neither Borrower, any Guarantor 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 such Borrower's or any Guarantor's ability to pledge to Agent the Unencumbered Operating Properties, Real Estate which is owned by the Borrowers or such Guarantors which is free and clear of all Liens other than the Liens permitted in Section 8.2(i), (iii) and (v) or any other assets of the Borrowers or such Guarantor as security for the Loans. Borrowers shall take, and shall cause the Guarantors and their respective Subsidiaries to take, such actions as are necessary to preserve the right and ability of Borrowers and the Guarantors 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 Borrowers, the Guarantors or any of their respective Subsidiaries.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Walden Residential Properties Inc), Revolving Credit Agreement (Walden Residential Properties Inc), Term Loan Agreement (Walden Residential Properties Inc)

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Limiting Agreements. (a) Neither Borrower, any Guarantor Borrower nor any of their respective its Subsidiaries shall enter into, any agreement, instrument or transaction which has or may have the effect of prohibiting or limiting such Borrower's or any Additional Guarantor's ability to pledge to Agent the Unencumbered Operating Properties, Real Estate which is owned one hundred percent (100%) in fee simple, by the Borrowers Borrower or such Guarantors an Additional Guarantor which is free and clear of all Liens other than the Liens permitted in Section 8.2(i), (iii) and (vvi) or any other assets of and which has an aggregate value equal to the Borrowers or such Guarantor Borrowing Base as security for the Loans. Borrowers Borrower shall take, and shall cause the Guarantors and their respective its Subsidiaries to take, such actions as are necessary to preserve the right and ability of Borrowers Borrower and the Additional Guarantors to pledge those Real Estate and other assets subject to the limitation described above, 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 Borrowers, the Guarantors Borrower or any of their respective its Subsidiaries.

Appears in 1 contract

Samples: Revolving Credit Agreement (Storage Trust Realty)

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Limiting Agreements. (a) Neither the Borrower, any Guarantor 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 such the Borrower's ’s, the Guarantors’ or any Guarantor's of their respective Subsidiaries’ ability to pledge to Agent the Unencumbered Operating Properties, Real Estate which is owned by the Borrowers or such Guarantors which is free and clear of all Liens other than the Liens permitted in Section 8.2(i), (iii) and (v) or any other assets of the Borrowers or such Guarantor Subject Property as security for the LoansObligations (provided that a requirement to maintain a pool of unencumbered properties to support financial covenants relating to other Unsecured Indebtedness permitted by this Agreement shall not violate the foregoing covenant). Borrowers The Borrower shall take, and shall cause the Guarantors and their respective Subsidiaries to take, such actions as are necessary to preserve the right and ability of Borrowers and the Borrower, the Guarantors and their respective Subsidiaries to pledge those Real Estate and other assets the Subject Properties as security for the Loans 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 Borrowersthe Borrower, the Guarantors or any of their respective Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Gladstone Commercial Corp)

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