Common use of More Restrictive Agreements Clause in Contracts

More Restrictive Agreements. Should Borrower or any Subsidiary Guarantor after the date hereof enter into any agreement or modify any existing agreement (a “More Restrictive Agreement”) relating to any unsecured Indebtedness of Borrower or any Subsidiary Guarantor that includes negative covenants or default provisions (or any other provision which may have the same practical effect) which are more restrictive against Borrower or any Subsidiary Guarantor than those set forth in Section 9, Section 9.1(g) or Section 9.1(j) of this Agreement (the “Original Provisions”), the Borrower shall promptly notify the Administrative Agent and, if requested by the Required Lenders, the Borrower, the Administrative Agent, and the Required Lenders shall (and if applicable, the Borrower shall cause any Subsidiary Guarantor to) promptly amend this Agreement and the other Loan Documents to include some or all of such more restrictive provisions as determined by the Required Lenders in their sole discretion. The Borrower and each Subsidiary Guarantor agree to deliver to the Administrative Agent copies of any agreements or documents (or modifications thereof) pertaining to any such Indebtedness as the Administrative Agent from time to time may request. Notwithstanding the foregoing, any amendments to provisions contained in this Agreement and the other Loan Documents made pursuant to this Section 7.13 shall only be effective for such period of time as the applicable More Restrictive Agreement is in full force and effect (or continues to be more restrictive), and upon the termination of the effectiveness of such More Restrictive Agreement (or upon such More Restrictive Agreement becoming less restrictive than the corresponding Original Provision), the provisions affected by such amendment shall return to the applicable Original Provisions.

More Restrictive Agreements. Should Borrower or any Subsidiary Guarantor after the date hereof enter into any agreement or modify any existing agreement (a “"More Restrictive Agreement”") relating to any unsecured Indebtedness of Borrower or any Subsidiary Guarantor that includes negative covenants or default provisions (or any other provision which may have the same practical effect) which are more restrictive against Borrower or any Subsidiary Guarantor than those set forth in Section 98, Section 9.1(g) or Section 9.1(j) of this Agreement (the “"Original Provisions”"), the Borrower shall promptly notify the Administrative Agent and, if requested by the Required Lenders, the Borrower, the Administrative Agent, and the Required Lenders shall (and if applicable, the Borrower shall cause any Subsidiary Guarantor to) promptly amend this Agreement and the other Loan Documents to include some or all of such more restrictive provisions as determined by the Required Lenders in their sole discretion. The Borrower and each Subsidiary Guarantor agree to deliver to the Administrative Agent copies of any agreements or documents (or modifications thereof) pertaining to any such Indebtedness as the Administrative Agent from time to time may request. Notwithstanding the foregoing, any amendments to provisions contained in this Agreement and the other Loan Documents made pursuant to this Section 7.13 shall only be effective for such period of time as the applicable More Restrictive Agreement is in full force and effect (or continues to be more restrictive), and upon the termination of the effectiveness of such More Restrictive Agreement (or upon such More Restrictive Agreement becoming less restrictive than the corresponding Original Provision), the provisions affected by such amendment shall return to the applicable Original Provisions.

More Restrictive Agreements. Should the Borrower or any Subsidiary Guarantor after the date hereof Guarantor, while this Agreement is in effect or any Note remains unpaid or any Letter of Credit remains outstanding, enter into any agreement into, refinance or modify any existing agreement of the relevant documents, instruments or agreements pertaining to the term loan facility entered into on or about the date of this Agreement by the Borrower and Bank of America, N.A. (a the “More Restrictive AgreementBofA Term Loan”) relating ), to any unsecured Indebtedness include covenants, warranties, representations, or defaults or events of Borrower or any Subsidiary Guarantor that includes negative covenants or default provisions (or any other provision type of restriction which may would have the same practical effecteffect of any of the foregoing, including, without limitation, any “put” or mandatory prepayment of such debt) which are more restrictive against Borrower or any Subsidiary Guarantor than those set forth herein or in Section 9, Section 9.1(g) or Section 9.1(j) any of this Agreement (the “Original Provisions”)other Loan Documents, the Borrower shall promptly so notify the Administrative Agent and, if requested the Agent, in the discretion of the Agent, shall so request by written notice to the Required LendersBorrower, the Borrower, the Administrative AgentAgent and the Requisite Lenders (in their sole discretion and based on their respective independent credit judgment, and the Required Lenders subject to Section 12.6) shall (and if applicable, the Borrower shall cause any Subsidiary Guarantor the Guarantors to, as applicable) promptly amend this Agreement and the other Loan Documents to include incorporate some or all of such more restrictive provisions as determined by into this Agreement and, to the Required extent necessary and reasonably desirable to the Agent and the Requisite Lenders (in their sole discretion. The Borrower discretion and each Subsidiary Guarantor agree to deliver to the Administrative Agent copies based on their respective independent credit judgment), into any of any agreements or documents (or modifications thereof) pertaining to any such Indebtedness as the Administrative Agent from time to time may request. Notwithstanding the foregoing, any amendments to provisions contained in this Agreement and the other Loan Documents made pursuant to this Section 7.13 Documents, all at the election of the Agent; provided, however, that any such amendment shall only be effective for such period provide that, upon cancellation or termination in full of time the BofA Term Loan (other than by reason of an event of default thereunder), so long as the applicable More Restrictive Agreement no Default or Event of Default is in full force existence, such amendment also shall terminate and effect (or continues to be more restrictive), and upon the termination of the effectiveness of such More Restrictive Agreement (or upon such More Restrictive Agreement becoming less restrictive than the corresponding Original Provision), the provisions of this Agreement affected by such amendment shall return revert to the applicable Original Provisionsterms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrower or any Subsidiary Guarantor after the date hereof enter Enter into any agreement or modify any existing agreement (a “More Restrictive Agreement”) relating agreements or documents or permit or allow any of its Subsidiaries to enter into or modify any agreements or documents in each case pertaining to any unsecured existing or future Unsecured Indebtedness of Borrower such Loan Party or any Subsidiary Guarantor that includes such Subsidiaries, if such agreements or documents include covenants, whether affirmative or negative covenants or default provisions (or any other provision which may have the same practical effect) effect as any of the foregoing), which are individually or in the aggregate more restrictive against Borrower the Loan Parties or any Subsidiary Guarantor their respective Subsidiaries than those set forth in Section 95.02(f)(iv), Section 9.1(g5.02(g), 5.02(m), 5.02(o) or Section 9.1(j5.04 (and including for the purposes hereof, all definitions used in or relating to such sections or definitions) of this Agreement (Agreement, unless the “Original Provisions”)Loan Parties, the Borrower shall promptly notify the Administrative Agent and, if requested by the Required Lenders, the Borrower, the Administrative Agent, and the Required Lenders shall (and if applicable, the Borrower shall cause any Subsidiary Guarantor to) promptly amend have simultaneously amended this Agreement and the other Loan Documents to include some or all of such more restrictive provisions provisions. Notwithstanding the foregoing, it is acknowledged and agreed that the 2018 Term Loan Agreement as determined by in effect on the Required Lenders Closing Date shall not be in their sole discretionviolation of this Section 5.02(v); provided that any future amendment, restatement or other modification or refinancing of the 2018 Term Loan Agreement shall be required to comply with the requirements set forth herein. The Borrower and each Subsidiary Guarantor agree Each of the Loan Parties agrees to deliver to the Administrative Agent copies of any agreements or documents (or modifications thereof) pertaining to any such existing or future Unsecured Indebtedness of the Loan Parties and their respective Subsidiaries as the Administrative Agent from time to time may request. Notwithstanding the foregoing, any amendments to provisions contained in this Agreement and the other Loan Documents made pursuant to For purposes of this Section 7.13 shall only be effective for such period of time as the applicable More Restrictive Agreement is in full force and effect (or continues to be more restrictive5.02(v), and upon the termination of the effectiveness of such More Restrictive Agreement (or upon such More Restrictive Agreement becoming less restrictive than the corresponding Original Provision), the provisions affected by such amendment shall return at all times prior to the applicable Original ProvisionsCollateral Release Date the term Unsecured Indebtedness shall include any Indebtedness that is secured only by a pledge of Equity Interests and related assets.

More Restrictive Agreements. Should Borrower or any Subsidiary Guarantor after the date hereof enter (a) Enter into any agreement evidencing Debt which is permitted to be incurred M#368727 57 solely by reason of subsection (c) or modify any existing agreement (f) of Section 10.1 in a “More Restrictive Agreement”) relating to any unsecured Indebtedness of Borrower or any Subsidiary Guarantor that includes negative covenants or default provisions principal amount exceeding $1,000,000 (or any other provision which may have the same practical effectamendment thereto) which contains any provisions more restrictive than the provisions of Articles VIII, IX, X and XI hereof (the "Applicable Covenants") , unless, at least thirty (30) days prior to the execution and delivery of such agreement (or amendment) , the Borrower notifies the Agent thereof and, if the Agent shall so request in a writing to the Borrower (after a determination has been made by the Required Lenders that such agreement, or amendment, contains any provisions which, individually or in the aggregate, are more restrictive against Borrower or any Subsidiary Guarantor than those set forth in Section 9, Section 9.1(g) or Section 9.1(j) of this Agreement (the “Original Provisions”Applicable Covenants), the Borrower shall promptly notify the Administrative Agent and, if requested by the Required Lenders, the Borrower, the Administrative AgentGuarantors, the Agent and the Required Lenders shall (and if applicable, the Borrower shall cause any Subsidiary Guarantor to) promptly amend this Agreement and the other Loan Documents to include some or all incorporate into this Agreement so many of such provisions as the Agent or the Required Lenders may specify. (b) Continue to be obligated with respect to any Debt existing on the Closing Date in a principal amount exceeding $1,000,000 if the agreement evidencing such Debt contains any provisions more restrictive than the Applicable Covenants, unless the Borrower either (i) causes such agreement to be amended, within sixty (60) days after the Closing Date, in such manner that such agreement will no longer contain provisions more restrictive than the Applicable Covenants, or (ii) no later than fifteen (15) days after the Closing Date, notifies the Agent of the more restrictive provisions as determined and, if the Agent shall so request in a writing to the Borrower (after a determination has been made by the Required Lenders that such agreement contains any provisions which, individually or in their sole discretion. The Borrower and each Subsidiary Guarantor agree to deliver to the Administrative Agent copies of any agreements or documents (or modifications thereof) pertaining to any such Indebtedness as the Administrative Agent from time to time may request. Notwithstanding the foregoingaggregate, any amendments to provisions contained in this Agreement and the other Loan Documents made pursuant to this Section 7.13 shall only be effective for such period of time as the applicable More Restrictive Agreement is in full force and effect (or continues to be are more restrictive), and upon the termination of the effectiveness of such More Restrictive Agreement (or upon such More Restrictive Agreement becoming less restrictive than the corresponding Original ProvisionApplicable Covenants), the Borrower, the Guarantors, the Agent and the Lenders shall promptly amend this Agreement to incorporate into this Agreement so many of such provisions affected by such amendment shall return to as the applicable Original ProvisionsAgent or the Required Lenders may specify.

More Restrictive Agreements. Should the Borrower or any Subsidiary the Guarantor after the date hereof enter into any agreement or modify any existing agreement (a “More Restrictive Agreement”) relating agreements or documents pertaining to any unsecured Indebtedness of Borrower existing or any Subsidiary Guarantor that includes future Indebtedness, Debt Offering or Equity Offering, which agreements or documents include covenants, whether affirmative or negative covenants or default provisions (or any other provision which may have the same practical effect) effect as any of the foregoing), which are individually or in the aggregate more restrictive (the "More Restrictive Provisions") against Borrower the Borrower, the Guarantor or any Subsidiary Guarantor Crescent OP's Subsidiaries than those set forth in Section 9, Section 9.1(g) Articles 8 or Section 9.1(j) 9 of this Agreement (the “Original Provisions”)or Paragraph 11 of Crescent OP's Guaranty, the Borrower shall promptly notify the Administrative Agent and, if requested by the Required LendersRequisite Banks, the Borrower, the Administrative Guarantor, the Agent, and the Required Lenders Requisite Banks shall (and if applicable, the Borrower shall cause any Subsidiary Guarantor to) promptly amend this Agreement and the other Loan Documents to include some or all of such more restrictive provisions More Restrictive Provisions as determined by the Required Lenders Requisite Banks in their sole discretion. The Borrower In determining whether a covenant is more restrictive, the applicable covenant and each Subsidiary Guarantor agree to deliver to the Administrative Agent copies of any agreements or documents (or modifications thereof) pertaining to any such Indebtedness as the Administrative Agent from time to time may requestall relevant definitions shall be considered. Notwithstanding the foregoing, any amendments to provisions contained in this Agreement and the other Loan Documents made pursuant to this Section 7.13 7.16 shall only be effective for such period of time as the applicable More Restrictive Agreement Provision is in full force and effect (or continues to be more restrictive), and upon the termination of the effectiveness of such More Restrictive Agreement Provision (or upon such More Restrictive Agreement Provision becoming less restrictive than the corresponding Original Provisionoriginal provision of the Loan Documents), the provisions affected by such amendment shall return to the applicable Original Provisionsoriginal provisions.