Common use of Maximum Aggregate Secured Debt Limit Clause in Contracts

Maximum Aggregate Secured Debt Limit. The Obligors will not, and will not cause or permit any of their Subsidiaries to, incur any Indebtedness (including, without limitation, Acquired Indebtedness) secured by any Encumbrance on any property or assets of the Obligors or any of their Subsidiaries, whether owned on the date of this Indenture or thereafter acquired, if, immediately after giving effect to the incurrence of such Indebtedness and the application of the proceeds therefrom on a pro forma basis, the aggregate principal amount (determined on a consolidated basis in accordance with generally accepted accounting principles) of all outstanding Indebtedness of the Obligors and their Subsidiaries which is secured by any Encumbrance on any property or assets of the Obligors or any of their Subsidiaries is greater than (a) at all times before December 31, 2013, 55%, (b) at all times on or after December 31, 2013 and before December 31, 2015, 50% and (c) at all times on or after December 31, 2015, 45%, of: the sum of (without duplication) (i) the Total Assets of the Obligors and their Subsidiaries as of the last day of the then most recently ended fiscal quarter and (ii) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Indebtedness), by the Obligors or any of their Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Indebtedness, determined on a consolidated basis in accordance with generally accepted accounting principles.

Maximum Aggregate Secured Debt Limit. The Obligors will not, and will not cause or permit any of their Subsidiaries to, incur any Indebtedness (including, without limitation, Acquired Indebtedness) secured by any Encumbrance on any property or assets of the Obligors or any of their Subsidiaries, whether owned on the date of this Indenture Agreement or thereafter acquired, if, immediately after giving effect to the incurrence of such Indebtedness and the application of the proceeds therefrom on a pro forma basis, the aggregate principal amount (determined on a consolidated basis in accordance with generally accepted accounting principlesGAAP) of all outstanding Indebtedness of the Obligors and their Subsidiaries which is secured by any Encumbrance on any property or assets of the Obligors or any of their Subsidiaries is greater than (a) at all times before December 31, 20132014, 55%, (b) at all times on or after December 31, 2013 and before December 31, 20152014, 50% and (c) at all times on or after December 31, 2015, 4540%, of: the sum of (without duplication) (i) the Total Assets of the Obligors and their Subsidiaries as of the last day of the then most recently ended fiscal quarter and (ii) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Indebtedness), by the Obligors or any of their Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Indebtedness, determined on a consolidated basis in accordance with generally accepted accounting principlesGAAP.

Maximum Aggregate Secured Debt Limit. The Obligors will not, and will not cause or permit any of their Subsidiaries to, incur any Indebtedness (including, without limitation, Acquired Indebtedness) secured by any Encumbrance on any property or assets of the Obligors or any of their Subsidiaries, whether owned on the date of this Indenture or thereafter acquired, if, immediately after giving effect to the incurrence of such Indebtedness and the application of the proceeds therefrom on a pro forma basis, the aggregate principal amount (determined on a consolidated basis in accordance with generally accepted accounting principles) of all outstanding Indebtedness of the Obligors and their Subsidiaries which is secured by any Encumbrance on any property or assets of the Obligors or any of their Subsidiaries is greater than (a) at all times before December 31, 2013, 55%, (b) at all times on or after December 31, 2013 and before December 31, 2015, 50% and (c) at all times on or after December 31, 2015, 45%, of: the sum of (without duplication) (i) the Total Assets of the Obligors and their Subsidiaries as of the last day of the then most recently ended fiscal quarter and (ii) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Indebtedness), by the Obligors or any of their Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Indebtedness, determined on a consolidated basis in accordance with generally accepted accounting principles.. Essex Portfolio, L.P. Note Purchase Agreement

Maximum Aggregate Secured Debt Limit. The Obligors will not, and will not cause or permit any of their Subsidiaries to, incur any Indebtedness (including, without limitation, Acquired Indebtedness) secured by any Encumbrance on any property or assets of the Obligors or any of their Subsidiaries, whether owned on the date of this Indenture or thereafter acquired, if, immediately after giving effect to the incurrence of such Indebtedness and the application of the proceeds therefrom on a pro forma basis, the aggregate principal amount (determined on a consolidated basis in accordance with generally accepted accounting principlesGAAP) of all outstanding Indebtedness of the Obligors and their Subsidiaries which is secured by any Encumbrance on any property or assets of the Obligors or any of their Subsidiaries is greater than (a) at all times before December 31, 20132014, 55%, (b) at all times on or after December 31, 2013 and before December 31, 20152014, 50% and (c) at all times on or after December 31, 2015, 45%, of: the sum of (without duplication) (i) the Total Assets of the Obligors and their Subsidiaries as of the last day of the then most recently ended fiscal quarter and (ii) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Indebtedness), by the Obligors or any of their Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Indebtedness, determined on a consolidated basis in accordance with generally accepted accounting principlesGAAP.