Common use of No Conflict with Restrictions; No Default Clause in Contracts

No Conflict with Restrictions; No Default. Neither the execution, delivery or performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i) does or will conflict with, violate or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions or provisions of any law, regulation, order, writ, injunction, decree, determination or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member or any of its Affiliates, (ii) does or will conflict with, violate, result in a breach of or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement of such Member or any of its Affiliates or of any material agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates is or may be bound or to which any of its properties or assets is subject, (iii) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights or require any consent, authorization or approval under any indenture, mortgage, lease, agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates or any of their properties or assets is or may be bound or (iv) does or will result (or has resulted) in the creation or imposition of any lien upon any of the properties or assets of such Member or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither the execution, delivery or performance of this Agreement nor the consummation by such Member (or any of its Affiliates) Partner of the transactions contemplated hereby (i) does conflicts or will conflict with, violate or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions or provisions of any law, regulation, order, writ, injunction, decree, determination or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member Partner or any of its Affiliates, (ii) does conflicts or will conflict with, violate, result in a breach of or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement of such Member Partner or any of its Affiliates or of any material agreement or instrument to which such Member Partner or any of its Affiliates is a party or by which such Member Partner or any of its Affiliates is or may be bound or to which any of its properties or assets is subject, (iii) does conflicts or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights or or, subject to Section 9.5, require any consent, authorization or approval under any indenture, mortgage, lease, agreement or instrument to which such Member Partner or any of its Affiliates is a party or by which such Member Partner or any of its Affiliates or any of their properties or assets is or may be bound or (iv) does results or will result (or has resulted) in the creation or imposition of any lien upon any of the properties or assets of such Member Partner or any of its AffiliatesAffiliates (other than upon the Property in the ordinary course of business of the Partnership consistent with the Annual Business Plan).

No Conflict with Restrictions; No Default. Neither the execution, delivery or performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i) does or will conflict with, violate or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions or provisions of any law, regulation, order, writ, injunction, decree, determination or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member or any of its Affiliates, (ii) does or will conflict with, violate, result in a breach of or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement of such any Entity Member or any of its Affiliates or of any material agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates is or may be bound or to which any of its properties or assets is subject, (iii) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights or require any consent, authorization or approval under any indenture, mortgage, lease, agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates or any of their properties or assets is or may be bound or (iv) does or will result (or has resulted) in the creation or imposition of any lien upon any of the properties or assets of such Member or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither the execution, delivery or and performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i1) does or will conflict with, violate or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions or provisions of any law, regulation, order, writ, injunction, decree, determination determination, or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member or any of its Affiliates, (ii2) does or will conflict with, violate, result in a breach of of, or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions or provisions of the articles of incorporation, bylaws, certificate of formation, partnership agreement or operating agreement of such Member or any of its Affiliates or of any material agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates is or may be bound or to which any of its material properties or assets is subject, (iii3) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights rights, or require any consent, authorization authorization, or approval under any indenture, mortgage, lease, agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates or any of their properties or assets is or may be bound bound, or (iv4) does or will result (or has resulted) in the creation or imposition of any lien upon any of the material properties or assets of such Member or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither the execution, delivery or delivery, and performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i) does or will conflict with, violate violate, or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions conditions, or provisions of any law, regulation, order, writ, injunction, decree, determination determination, or award of any court, any governmental department, board, agency or instrumentalityGovernmental Authority, domestic or foreign, or any arbitrator, applicable to such Member Member, its Parent, or any of its Affiliates, (ii) does or will conflict with, violate, result in a breach of of, or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions conditions, or provisions of the articles of incorporation, bylaws, partnership agreement agreement, or operating agreement of such Member Member, its Parent, or any of its Affiliates or of any material agreement or instrument to which such Member Member, its Parent, or any of its Affiliates is a party or by which such Member Member, its Parent, or any of its Affiliates is or may be bound or to which any of its material properties or assets is subject, (iii) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights rights, or require any consent, authorization authorization, or approval under any indenture, mortgage, leaselease agreement, agreement or instrument to which such Member Member, its Parent, or any of its Affiliates is a party or by which such Member Member, its Parent, or any of its Affiliates or any of their properties or assets is or may be bound and of which such consent, authorization or approval has not been obtained as of date of this Agreement, or (iv) does or will result (or has resulted) in the creation or imposition of any lien lien, claim, or encumbrance upon any of the material properties or assets of such Member (other than the Interest of the Managing Member, which may be pledged or otherwise encumbered pursuant to Section 10.1), its Parent, or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither the execution, delivery or performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i) does or will conflict with, violate or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions or provisions of any law, regulation, order, writ, injunction, decree, determination or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member or any of its Affiliates, (ii) does or will conflict with, violate, result in a breach of or constitute a default under (or has conflicted with, violatedviolated , resulted in a breach of or constituted a default under) any of the terms, conditions or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement of such Member or any of its Affiliates or of any material agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates is or may be bound or to which any of its properties or assets is subject, (iii) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights or require any consent, authorization or approval under any indenture, mortgage, lease, agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates or any of their properties or assets is or may be bound or (iv) does or will result (or has resulted) in the creation or imposition of any lien upon any of the properties or assets of such Member or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither the execution, delivery or performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i) does or will conflict with, violate or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions or provisions of any law, regulation, order, writ, injunction, decree, determination or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member or any of its Affiliates, (ii) does or will conflict with, violate, result in a breach of or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement of such Member or any of its Affiliates or of any material agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates is or may be bound or to which any of its properties or assets is subject, (iii) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constitutedConstituted) a default under (whether with notice or lapse of time or both)}, accelerate or permit the acceleration of (or has accelerated) } the performance required by, give (or has given) to others any material interests or rights or require any consent, authorization or approval under any indenture, mortgage, lease, agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates or any of their properties or assets is or may be bound or (iv) does or will result (or has resulted) in the creation or imposition of any lien upon any of the properties or assets of such Member or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither ----------------------------------------- the execution, delivery or delivery, and performance of this Agreement nor the consummation by such Member (or any of its Affiliates) Equity Owner of the transactions contemplated hereby (i1) does or will conflict with, violate violate, or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions conditions, or provisions of any law, regulation, order, writ, injunction, decree, determination determination, or award of any court, any governmental department, board, agency agency, or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member Equity Owner or any of its Affiliates, (ii2) does or will conflict with, violate, result in a breach of of, or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions conditions, or provisions of the articles of incorporation, bylaws, partnership agreement, limited liability company agreement or operating agreement of such Member Equity Owner or any of its Affiliates or of any material agreement or instrument to which such Member Equity Owner or any of its Affiliates is a party or by which such Member Equity Owner, or any of its Affiliates is or may be bound or to which any of its material properties or assets is subject, (iii3) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights rights, or require any consent, authorization authorization, or approval under any indenture, mortgage, leaselease agreement, agreement or instrument to which such Member Equity Owner or any of its Affiliates is a party or by which such Member Equity Owner or any of its Affiliates or any of their properties or assets is or may be bound bound, or (iv4) does or will result (or has resulted) in the creation or imposition of any lien upon any of the material properties or assets of such Member Equity Owner or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither the execution, delivery or delivery, and performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i) does or will conflict with, violate violate, or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions conditions, or provisions of any law, regulation, order, writ, injunction, decree, determination determination, or award of any court, any governmental department, board, agency agency, or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member Member, its Parent, or any of its Affiliates, (ii) does or will conflict with, violate, result in a breach of of, or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions conditions, or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement of such Member Member, its Parent, or any of its Affiliates or of any material agreement or instrument to which such Member Member, its Parent, or any of its Affiliates is a party or by which such Member Member, its Parent, or any of its Affiliates is or may be bound or to which any of its material properties or assets is subject, (iii) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights rights, or require any consent, authorization authorization, or approval under any indenture, mortgage, leaselease agreement, agreement or instrument to which such Member Member, its Parent, or any of its Affiliates is a party or by which such Member Member, its Parent, or any of its Affiliates or any of their properties or assets is or may be bound bound, or (iv) does or will result (or has resulted) in the creation or imposition of any lien upon any of the material properties or assets of such Member Member, its Parent, or any of its Affiliates.. * CONFIDENTIAL TREATMENT REQUESTED

No Conflict with Restrictions; No Default. Neither the execution, delivery or performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i) does or will conflict with, violate or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions or provisions of any law, regulation, order, writ, injunction, decree, determination or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member or any of its Affiliates, (ii) does or will conflict with, violate, result in a breach of or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement of such any Entity Member or any of its Affiliates or of any material agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates is or may be bound or to which any of its properties or assets is subject, (iii) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights or require any consent, authorization or approval under any indenture, mortgage, lease, agreement or instrument to which such Member or any of its Affiliates affiliates is a party or by which such Member or any of its Affiliates or any of their properties or assets a sets is or may be bound or (iv) does or will result (or has resulted) in the creation or imposition of any lien upon any of the properties or assets of such Member or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither the execution, delivery or performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i) does or will conflict with, violate or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions or provisions of any law, regulation, order, writ, injunction, decree, determination or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member or any of its Affiliates, (ii) does or will conflict with, violate, result in a breach of or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions or provisions of the articles of incorporation, bylaws, partnership agreement, limited liability company agreement or operating agreement of such Member or any of its Affiliates or of any material agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates is or may be bound or to which any of its the properties or assets of such Member or any of its Affiliates is subject, (iii) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights or require any consent, authorization or approval under any indenture, mortgage, lease, agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates or any of their properties or assets is or may be bound or (iv) does or will result (or has resulted) in the creation or imposition of any lien upon any of the properties or assets of such Member or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither the execution, delivery or performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i) does or will conflict with, violate or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions or provisions of any law, regulation, order, writ, injunction, decree, determination or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member or any of its Affiliates, (ii) does or will conflict with, violate, result in a breach of or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement of such Member or any of its Affiliates or of any material agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates is or may be bound or to which any of its properties or assets is subject, (iii) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has constituted) a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of (or has accelerated) the performance required by, give (or has given) to others any material interests or rights or require any consent, authorization or approval under any indenture, mortgage, lease, agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates or any of their properties or assets is or may be bound or (iv) does or will result (or has resulted) in the creation or imposition of any material lien upon any of the properties or assets of such Member or any of its Affiliates.