Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 43 contracts
Samples: Agreement and Plan of Merger (Dupont Fabros Technology, Inc.), Digital Realty Trust, L.P., Digital Realty Trust, L.P.
Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided thatprovided, that the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 25 contracts
Samples: Kilroy Realty, L.P., Assignment and Assumption Agreement (Amb Property Lp), Assignment and Assumption Agreement (Amb Property Corp)
Loans by Third Parties. Subject to Section 4.34.4, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of PropertiesInvestments) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 20 contracts
Samples: Agreement (Steadfast Apartment REIT III, Inc.), Agreement (Steadfast Apartment REIT III, Inc.), Sila Realty Trust, Inc.
Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of PropertiesInvestments) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 8 contracts
Samples: Corporate Property Associates 17 - Global INC, Agreement (Carey Watermark Investors Inc), Corporate Property Associates 17 - Global INC
Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided thatprovided, that the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole and absolute discretion.
Appears in 5 contracts
Samples: Agreement (Shearson American REIT, Inc.), Agreement (Excel Trust, Inc.), Agreement (Excel Trust, Inc.)
Loans by Third Parties. Subject to Section 4.3, the The Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Propertiesproperty) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the such General Partner in its sole discretion.
Appears in 4 contracts
Samples: LaSalle Hotel Properties, Lasalle Hotel Properties, Eldertrust
Loans by Third Parties. Subject to Section 4.3, the The Partnership may incur or assume Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements arrangements, for any purpose (including, without limitation, in connection with any further acquisition of Properties) with Properties from any Person that is not the General Partner Person), upon such terms as the General Partner determines appropriate; provided thatprovided, however, that the Partnership shall not incur or assume any Debt under which a breach, violation or default would be deemed to occur by virtue of the Transfer of any Limited Partner Interest or General Partner Interest; provided, further, that is recourse any Debt shall be nonrecourse to the General Partner, except to the extent otherwise agreed to by Partner unless the General Partner in its sole discretionotherwise agrees.
Appears in 3 contracts
Samples: New Plan Excel Realty Trust Inc, Excel Realty Trust Inc, Excel Realty Trust Inc
Loans by Third Parties. Subject to Section 4.3, the The Partnership may incur Debtdebt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Propertiesproperties) with from any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse debt under which a breach, violation or default would be deemed to occur by virtue of the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretiontransfer of any Limited Partnership Interest.
Appears in 3 contracts
Samples: Agreement (Ps Business Parks Inc/Ca), Public Storage Properties Xi Inc, Public Storage Properties Xi Inc
Loans by Third Parties. Subject to Section 4.3, the The Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Propertiesproperty) with any Person that is not the General Partner upon such terms as the General Partner determines appropriateappropriate (subject to Section 7.6); provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the such General Partner in its sole discretion.
Appears in 2 contracts
Samples: Host Hotels & Resorts, Inc., Host Hotels & Resorts L.P.
Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing financing, or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 2 contracts
Samples: Tarantula Ventures LLC, Dupont Fabros Technology, Inc.
Loans by Third Parties. Subject to Section 4.3, the The Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Propertiesproperty) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided thatPROVIDED THAT, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 2 contracts
Samples: Sl Green Realty Corp, Sl Green Realty Corp
Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the -------- ---- Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 2 contracts
Samples: Kilroy Realty Corp, Kilroy Realty Corp
Loans by Third Parties. Subject to Section 4.3, the The Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Propertiesproperty) with any Person that is not the General Partner upon such terms as the General Partner determines appropriateappropriate (subject to Section 7.6); provided that, the Partnership ------------- shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the such General Partner in its sole discretion.
Appears in 2 contracts
Samples: Host Marriott L P, Host Marriott Trust
Loans by Third Parties. Subject to Section 4.3, the The Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Propertiesproperty) with any Person that is not the a General Partner upon such terms as the Managing General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the a General Partner, except to the extent otherwise agreed to by the such General Partner in its sole discretion.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Equity Office Properties Trust), Assignment and Assumption Agreement (Equity Office Properties Trust)
Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided thatprovided, that the -------- Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 2 contracts
Samples: Kilroy Realty Corp, Kilroy Realty Corp
Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided thatPROVIDED THAT, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 1 contract
Samples: Arden Realty Group Inc
Loans by Third Parties. Subject to Section Sections 4.2 and 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 1 contract
Samples: Parkway Properties Inc
Loans by Third Parties. Subject to Section 4.34.3 and Article 7, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements of any kind for any purpose (including, without limitation, including in connection with any further acquisition of PropertiesPartnership Assets) with any Person that is not the General Partner upon such terms as the General Partner determines deems appropriate; provided thatprovided, that neither the Partnership nor any of its Subsidiaries shall not incur any Debt that is recourse to the General any Partner, except to the extent otherwise agreed to by the General applicable Partner in its sole discretion.
Appears in 1 contract
Samples: Merger Agreement (Bellingham II Associates, L.L.C.)
Loans by Third Parties. Subject to Section 4.3, the The Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Propertiesproperty) with any Person that is not the a General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the a General Partner, except to the extent otherwise agreed to by the such General Partner in its sole discretion.
Appears in 1 contract
Samples: Presidio Golf Trust
Loans by Third Parties. Subject to Section 4.34.3 and Article 7, the Partnership may incur Debt, Debt or enter into other similar credit, guarantee, financing or refinancing arrangements of any kind for any purpose (including, without limitation, in connection with any further acquisition of PropertiesPartnership Assets) with any Person that is not the General Partner upon such terms as the General Partner determines deems appropriate; provided that, that the Partnership shall not incur any Debt that is recourse to the General any Partner, except to the extent otherwise agreed to by the General applicable Partner in its sole discretion.
Appears in 1 contract
Samples: Bellingham II Associates, L.L.C.
Loans by Third Parties. Subject to Section 4.34.4, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of PropertiesInvestments) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.. {10654250;3} 23 DocID: 4848-4047-1218.3
Appears in 1 contract
Samples: Steadfast Apartment REIT, Inc.
Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition acquisitions of PropertiesMortgage Assets) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 1 contract
Samples: Constructive Ownership Definition (Hanover Capital Holdings Inc)
Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 1 contract
Samples: Grove Real Estate Asset Trust
Loans by Third Parties. Subject to Section 4.34.5 hereof, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with from any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.
Appears in 1 contract
Samples: Iac Capital Trust
Loans by Third Parties. Subject to Section 4.3, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretion.determines
Appears in 1 contract
Loans by Third Parties. Subject to the provisions of Section 4.34.4 and Section 7.3 hereof, the Partnership may incur or assume Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements arrangements, for any purpose (including, without limitation, in connection with any further acquisition of Properties) with Properties from any Person that is not the General Partner Person), upon such terms as the General Partner determines appropriate; provided thatprovided, however, that the Partnership shall not incur or assume any Debt under which a breach, violation or default would be deemed to occur by virtue of the Transfer of any Partnership Interest; provided, further, that is recourse any Debt shall be nonrecourse to the General Partner, except to the extent otherwise agreed to by Partner unless the General Partner in its sole discretionotherwise agrees.
Appears in 1 contract
Loans by Third Parties. Subject to Section 4.34.5 and Article 7, the Partnership may incur Debt, Debt or enter into other similar credit, guarantee, financing or refinancing arrangements of any kind for any purpose (including, without limitation, including in connection with any further acquisition of PropertiesPartnership Assets) with any Person that is not the General Partner upon such terms as the General Partner determines deems appropriate; provided that, that the Partnership shall not incur any Debt that is recourse to the General any Partner, except to the extent otherwise agreed to by the General Partner in its sole discretionapplicable Partner.
Appears in 1 contract
Samples: Aviv REIT, Inc.
Loans by Third Parties. Subject to Section 4.3, the The Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further HB 1460346 acquisition of Propertiesproperty) with any Person that is not the General Partner upon such terms as the General Partner determines appropriateappropriate (subject to Section 7.6); provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the such General Partner in its sole discretion.
Appears in 1 contract
Samples: Host Hotels & Resorts L.P.
Loans by Third Parties. Subject to Section 4.34.5 hereof, the Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Properties) with from any Person that is not the General Partner upon such terms as the General Partner determines appropriate; provided that, the Partnership shall not incur any Debt that is which refinances Debt outstanding upon the closing of the Initial Public Offering, shall be non-recourse to the General Partner, except to the extent otherwise agreed to by the General Partner in its sole discretionPartner.
Appears in 1 contract
Samples: Irvine Apartment Communities L P
Loans by Third Parties. Subject to Section 4.3, the The Partnership may incur Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any purpose (including, without limitation, in connection with any further acquisition of Propertiesproperty) with any Person that is not the General Partner upon such terms as the General Partner determines appropriateappropriate (subject to Section 7.6); provided that, the Partnership shall not incur any Debt that is recourse to the General Partner, except to the extent otherwise agreed to by the such General Partner in its sole discretion.. ARTICLE VIII
Appears in 1 contract
Samples: HMC Merger Corp