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

No Conflict with Restrictions; No Default. Neither the execution, delivery, and performance of this Operating Agreement nor the consummation by the Member of the transactions contemplated hereby (1) shall conflict with, violate, or result 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 the Member or any of its Affiliates; (2) shall conflict with, violate, result in a breach of, or constitute a default under any of the terms, conditions, or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement (if any) of the Member or any of its Affiliates or of any material agreement or instrument to which the Member or any of its Affiliates is a party or by which the Member, or any of its Affiliates is or may be bound or to which any of its material properties or assets is subject; (3) shall conflict with, violate, result in a breach of, constitute a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of the performance required by, give to others any material interests or rights, or require any consent, authorization, or approval under any indenture, mortgage, lease agreement, or instrument to which the Member or any of its Affiliates is a party or by which the Member or any of its Affiliates is or may be bound; or (4) shall result in the creation or imposition of any lien upon any of the material properties or assets of the Member or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither Each Member hereby represents and warrants that neither the execution, delivery, execution and performance delivery by such Member of this Operating Agreement nor such Member’s performance and compliance with the consummation by the Member of the transactions contemplated hereby terms and provisions hereof (1i) shall will conflict with, violate, violate or result in a breach of any of the terms, conditionscovenants, conditions or provisions of any lawlaw or governmental regulation in effect on the date hereof applicable to, regulation, or any order, writ, injunction, decree, determination, determination or award of any court, any governmental department, board, agency, agency or instrumentality, domestic or foreign, or any arbitratorarbitrator directed to or binding on such Member which conflict, applicable to the Member violation or any of its Affiliates; breach would have a Material Adverse Effect, (2ii) shall will conflict with, violate, result in a breach of, of or constitute a default under any of the terms, conditions, or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement (if any) of the Member or any of its Affiliates or of any material agreement or instrument to which the such Member or any of its Affiliates is a party or by which the Member, or any of its Affiliates such Member is or may be bound or to which any of its material properties or assets is subject; subject which conflict, violation, breach or default would have a Material Adverse Effect, or any of the terms or provisions of the organizational documents or by-laws of such Member, (3iii) shall will conflict with, violate, result in a breach of, constitute a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of the performance required by, give to others any material interests or rights, or require any consent, authorization, authorization or approval under any of the terms or provisions of any material indenture, mortgage, lease agreementlease, agreement or instrument to which the such Member or any of its Affiliates is a party or by which the such Member or any of its Affiliates such Member’s property or assets is or may be bound; or , or (4iv) shall will result in the creation or imposition of any material lien upon any of the material properties or assets of the Member or any of its Affiliatessuch Member.

No Conflict with Restrictions; No Default. Neither the execution, delivery, delivery and performance of this Operating Agreement nor the consummation by the Member of the transactions contemplated hereby: (1i) shall conflict with, violate, violate or result 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 the Member or any of its Affiliates; (2ii) shall conflict with, violate, result in a breach of, of or constitute a default under any of the terms, conditions, conditions or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement (Operating Agreement, if any) , of the Member or any of its Affiliates or of any material agreement or instrument to which the Member or any of its Affiliates is a party or by which the Member, or any of its Affiliates is or may be bound or to which any of its material properties or assets is subject; (3iii) shall conflict with, violate, result in a breach of, constitute a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of the performance required by, give to others any material interests or rights, or require any consent, authorization, authorization or approval under any indenture, mortgage, lease agreement, agreement or instrument to which the Member or any of its Affiliates is a party or by which the Member or any of its Affiliates is or may be bound; or (4iv) shall result in the creation or imposition of any lien upon any of the material properties or assets of the Member or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither the execution, delivery, delivery and performance of this Operating Agreement nor the consummation by the such Member of the transactions contemplated hereby hereby (1i) shall conflict with, violate, violate or result in a breach of any of the terms, conditions, 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 Law applicable to the such Member or any of its Wholly Owned Affiliates; , (2ii) shall conflict with, violate, result in a breach of, or constitute a default under any of the terms, conditions, conditions or provisions of the articles of incorporation, bylaws, partnership agreement bylaws or operating agreement (if any) other organizational documents of the such Member or any of its Wholly Owned Affiliates or of any material agreement or instrument Contract to which the Member such Member, its Parent or any of its Wholly Owned Affiliates is a party or by which the Member, such Member or any of its Wholly Owned Affiliates is or may be bound or to which any of its material properties or assets is subject; , (3iii) shall conflict with, violate, result in a breach of, constitute a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of the performance required by, give to others any material interests or rights, or require any consent, authorization, authorization or approval under any indenture, mortgage, lease agreement, agreement or instrument to which the such Member or any of its Wholly Owned Affiliates is a party or by which the such Member or any of its Wholly Owned Affiliates is or may be bound; or bound or (4iv) shall result in the creation or imposition of any lien Lien upon any of the material properties or assets of the such Member or any of its Wholly Owned Affiliates.. ( *c)

No Conflict with Restrictions; No Default. Neither the execution, delivery, and performance of this Operating Agreement nor the consummation by the such Member of the transactions contemplated hereby hereby (1i) shall will conflict with, violate, or result 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 the such Member or any of its Affiliates; , (2ii) shall will conflict with, violate, result in a breach of, or constitute a default under any of the terms, conditions, or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement (if any) of the such Member or any of its Affiliates or of any material agreement or instrument to which the such Member or any of its Affiliates is a party or by which the Member, such Member or any of its Affiliates is or may be bound or to which any of its material properties or assets is subject; , (3iii) shall will conflict with, violate, result in a breach of, constitute a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of the performance required by, give to others any material interests or rights, or require any consent, authorization, or approval under any indenture, mortgage, lease agreement, or instrument to which the such Member or any of its Affiliates is a party or by which the such Member or any of its Affiliates is or may be bound; or , or (4iv) shall will result in the creation or imposition of any lien upon any of the material properties or assets of the such Member or any of its Affiliates.

No Conflict with Restrictions; No Default. Neither the ----------------------------------------- execution, delivery, and performance of this Operating Agreement nor the consummation by the Member of the transactions contemplated herebyhereby shall (1) shall 12.14.3.1 conflict with, violate, or result 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 the Member or any of its Affiliates; (2) 12.14.3.2 shall conflict with, violate, result in a breach of, or constitute a default under any of the terms, conditions, or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement (if any) of the Member or any of its Affiliates or of any material agreement or instrument to which the Member or any of its Affiliates is a party or by which the Member, or any of its Affiliates is or may be bound or to which any of its material properties or assets is subject; (3) 12.14.3.3 shall conflict with, violate, result in a breach of, constitute a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of the performance required by, give to others any material interests or rights, or require any consent, authorization, or approval under any indenture, mortgage, lease agreement, or instrument to which the Member or any of its Affiliates is a party or by which the Member or any of its Affiliates is or may be bound; or (4) 12.14.3.4 shall result in the creation or imposition of any lien upon any of the material properties or assets of the Member or any of its Affiliates.