Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 17 contracts
Samples: Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Merger Agreement (Ready Capital Corp), Preston Hollow Community Capital, Inc.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any Person purpose (including, without limitation, in connection with any further acquisition of Properties) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, provided that the Partnership shall not incur any such Debt if that is recourse to any Partner would be personally liable for Partner, except to the repayment of such Debt (unless such Partner extent otherwise agrees)agreed to by the applicable Partner.
Appears in 16 contracts
Samples: Agreement (Lamar Media Corp/De), Paramount Group, Inc., Gaming & Leisure Properties, Inc.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment (i) a breach, violation or default of such Debt would be deemed to occur by virtue of the Transfer by any Limited Partner of any Partnership Interest or (ii) such Debt is recourse to any Partner (unless such the Partner otherwise agrees).
Appears in 14 contracts
Samples: Agreement (Feldman Mall Properties, Inc.), Management and Operations (Invesco Mortgage Capital Inc.), Extra Space Storage Inc.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership UnitsUnits or REIT Shares; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 10 contracts
Samples: Rayonier, L.P., www.sec.gov, Safety, Income & Growth, Inc.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment (i) a breach, violation or default of such Debt would be deemed to occur by virtue of the Transfer by any Limited Partner of any Partnership Interest, or (ii) such Debt is recourse to any Partner (unless such the Partner otherwise agrees).
Appears in 8 contracts
Samples: Arbor Realty Trust Inc, Arbor Realty Trust Inc, Newkirk Realty Trust, Inc.
Loans by Third Parties. The Managing General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person (other than the Managing General Partner or the Special Limited Partner) upon such terms as the Managing General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 8 contracts
Samples: Hartman Short Term Income Properties XX, Inc., Contribution Agreement (Welsh Property Trust, Inc.), Contribution Agreement (Welsh Property Trust, Inc.)
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person (other than, except as contemplated in Section 3.3(d), the General Partner or the Special Limited Partner) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 7 contracts
Samples: Agreement (Perella Weinberg Partners), Business Combination Agreement (FinTech Acquisition Corp. IV), Perella Weinberg Partners
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment (i) a breach, violation or default of such Debt would be deemed to occur by virtue of the Transfer by any Limited Partner of any Partnership Interest, or (ii) such Debt is recourse to any Partner (unless such the Partner otherwise agreesagrees in writing prior thereto).
Appears in 6 contracts
Samples: Agreement (Arizona Land Income Corp), Agreement (Pacific Office Properties Trust, Inc.), Agreement (Pacific Office Properties Trust, Inc.)
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any Person purpose (including, without limitation, in connection with any further acquisition of Properties) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if that is recourse to any Partner would be personally liable for Partner, except to the repayment of such Debt (unless such Partner extent otherwise agrees)agreed to by the applicable Partner.
Appears in 4 contracts
Samples: Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Cole Real Estate Income Strategy (Daily Nav), Inc., Cole Real Estate Income Strategy (Daily Nav), Inc.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person (other than the General Partner or the Special Limited Partner) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership UnitsUnits or REIT Shares; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 3 contracts
Samples: Limited Partnership Agreement (Silver Bay Realty Trust Corp.), Limited Partnership Agreement (Silver Bay Realty Trust Corp.), Limited Partnership Agreement (Silver Bay Realty Trust Corp.)
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person (other than, except as contemplated in Section 4.3.D, the General Partner or the Special Limited Partner) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 3 contracts
Samples: CyrusOne Inc., Avenue N Holdings LLC, CareTrust REIT, Inc.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment (i) a breach, violation or default of such Debt would be deemed to occur by virtue of the Transfer of any Partnership Interest, or (ii) such Debt is recourse to any Partner (unless such the Partner otherwise agrees).
Appears in 3 contracts
Samples: NorthStar Asset Management Group Inc., Northstar Realty, Northstar Realty
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership UnitsUnits or REIT Shares; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless each such Partner that would be personally liable for the repayment of such Debt otherwise expressly agrees).
Appears in 3 contracts
Samples: Trade Street Residential, Inc., Trade Street Residential, Inc., Trade Street Residential, Inc.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if such Debt is recourse to any Partner would be personally liable for the repayment of such Debt (unless such the Partner otherwise agrees).
Appears in 3 contracts
Samples: NorthStar Realty Europe Corp., NorthStar Realty Europe Corp., Northstar Realty Finance Corp.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines deter mines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment (i) a breach, violation or default of such Debt would be deemed to occur by virtue of the Transfer of any Partnership Interest, or (ii) such Debt is recourse to any Partner (unless such the Partner otherwise agrees).
Appears in 3 contracts
Samples: Fortress Investment Corp, Newcastle Investment Corp, Northstar Capital Investment Corp /Md/
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees)Units or REIT Shares.
Appears in 3 contracts
Samples: Ryman Hospitality Properties, Inc., Gladstone Commercial Corp, GLADSTONE LAND Corp
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person (other than, except as contemplated in, Section 4.3.D the General Partner or the Special Limited Partner) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 3 contracts
Samples: CyrusOne Inc., CyrusOne Inc., CyrusOne Inc.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any Person purpose (including in connection with any further acquisition of Properties) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, provided that the Partnership shall not incur any such Debt if that is recourse to any Partner would be personally liable for Partner, except to the repayment of such Debt (unless such Partner extent otherwise agrees)agreed to by the applicable Partner.
Appears in 2 contracts
Samples: Agreement (Curbline Properties Corp.), Agreement (Curbline Properties Corp.)
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person (other than the General Partner or VICI REIT) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership UnitsUnits or REIT Shares; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 2 contracts
Samples: Agreement (Vici Properties Inc.), Vici Properties Inc.
Loans by Third Parties. (1) The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person other than the General Partner or the REIT Limited Partner (other than as set forth in paragraph (2) below) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees)Units or NAV REIT Common Shares.
Appears in 2 contracts
Samples: Agreement (Creative Media & Community Trust Corp), Agreement (Creative Media & Community Trust Corp)
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person (other than, except as contemplated in Section 3.3(c), the General Partner, Pubco, or the Special Limited Partner) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner (other than the General Partner in its capacity as such) would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 2 contracts
Samples: Business Combination Agreement (dMY Technology Group, Inc.), Rush Street Interactive, Inc.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner and/or the Corporation, as the case may be, otherwise agrees).
Appears in 1 contract
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person (other than, except as contemplated in Section 3.3(c), the General Partner or the Special Limited Partner) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner (other than the General Partner in its capacity as such) would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 1 contract
Samples: Business Combination Agreement (dMY Technology Group, Inc.)
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment (i) a breach, violation or default of such Debt would be deemed to occur by virtue of the transfer of any Partnership Interest, or (ii) such Debt is recourse to any Partner (unless such the Partner otherwise agrees).
Appears in 1 contract
Samples: Agreement (Monarch Properties Inc)
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to Debt, or enter into other similar credit, guarantee, financing or refinancing arrangements for any Person purpose (including, without limitation, in connection with any further acquisition of Properties) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, provided that the Partnership shall not incur any such Debt if that is recourse to any Partner would be personally liable for (except to the repayment of such Debt (unless such Partner extent otherwise agreesagreed to by the applicable Partner).
Appears in 1 contract
Samples: Nico Echo Park, Benefit Corp
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; providedprovided that any Partnership Units into which such debt is convertible, however, that redeemable or exchangeable may only be issued as set forth in and pursuant to the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees)terms set forth in Section 4.3(a) above.
Appears in 1 contract
Samples: Aspen REIT, Inc.
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person (other than the General Partner) upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership UnitsUnits or REIT Shares; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment of such Debt (unless such Partner otherwise agrees).
Appears in 1 contract
Loans by Third Parties. The General Partner, on behalf of the Partnership, may obtain any Additional Funds by causing the Partnership to incur Debt to any Person upon such terms as the General Partner determines appropriate, including making such Debt convertible, redeemable or exchangeable for Partnership Units; provided, however, that the Partnership shall not incur any such Debt if any Partner would be personally liable for the repayment (i) a breach, violation or default of such Debt would be deemed to occur by virtue of the Transfer of any Partnership Interest, or (ii) such Debt is recourse to any Partner (unless such the Partner otherwise agreesagrees in writing).
Appears in 1 contract