Common use of No Restrictive Agreement Clause in Contracts

No Restrictive Agreement. None of the Credit Parties will, and will not permit or cause any of their Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any restriction or encumbrance on (a) the ability of any Credit Party and its Subsidiaries to perform and comply with their respective obligations under the Credit Documents, (b) the ability of any Subsidiary of the Initial Borrower that is not a Credit Party (other than the SPE Subsidiaries) or any of the CapitalSource Bank Entities (except as required by bank regulatory authorities or laws, regulations or guidelines applicable to the CapitalSource Bank Entities) to make any dividend payments or other distributions in respect of its Capital Stock, to repay Debt owed to any Credit Party or any other Subsidiary or to repay the Credit Party Obligations, except with respect to transactions described in Schedule 5.26; or (c) the ability of any Subsidiary of the Initial Borrower that is not a Credit Party (other than SPE Subsidiaries) to transfer any of its unencumbered assets or properties to any Credit Party or any other Subsidiary; provided, however, that the restriction in clause (c) above shall be limited to unencumbered assets or properties in an amount sufficient to satisfy the Available Asset Coverage Ratio set forth in Section 5.32(e).

No Restrictive Agreement. None Except as provided in the 2009-2012 Debt Documentation, none of the Credit Parties will, and will not permit or cause any of their Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any restriction or encumbrance on (a) the ability of any Credit Party and its Subsidiaries to perform and comply with their respective obligations under the Credit DocumentsDocuments (or prepay the Credit Party Obligations), (b) the ability of any Subsidiary of the Initial Borrower that is not a Credit Party (other than the SPE Subsidiaries) or any of the CapitalSource Bank Entities (except as required by bank regulatory authorities or laws, regulations or guidelines applicable to the CapitalSource Bank Entities) to make any dividend payments or other distributions in respect of its Capital Stock, to repay Debt owed to any Credit Party or any other Subsidiary or to repay the Credit Party Obligations, except with respect to transactions described in Schedule 5.26; or (c) the ability of any Subsidiary of the Initial Borrower that is not a Credit Party (other than SPE Subsidiaries) to transfer any of its unencumbered assets or properties to any Credit Party or any other Subsidiary; provided, however, that the restriction in clause (c) above shall be limited to unencumbered assets or properties in an amount sufficient to satisfy the Available Asset Coverage Ratio set forth in Section 5.32(e).

No Restrictive Agreement. None Except as provided in the 2009 Debt Documentation, none of the Credit Parties will, and will not permit or cause any of their Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist or become effective any restriction or encumbrance on (a) the ability of any Credit Party and its Subsidiaries to perform and comply with their respective obligations under the Credit DocumentsDocuments (or prepay the Credit Party Obligations), (b) the ability of any Subsidiary of the Initial Borrower that is not a Credit Party (other than the SPE Subsidiaries) or any of the CapitalSource Bank Entities (except as required by bank regulatory authorities or laws, regulations or guidelines applicable to the CapitalSource Bank Entities) to make any dividend payments or other distributions in respect of its Capital Stock, to repay Debt owed to any Credit Party or any other Subsidiary or to repay the Credit Party Obligations, except with respect to transactions described in Schedule 5.26; or (c) the ability of any Subsidiary of the Initial Borrower that is not a Credit Party (other than SPE Subsidiaries) to transfer any of its unencumbered assets or properties to any Credit Party or any other Subsidiary; provided, however, that the restriction in clause (c) above shall be limited to unencumbered assets or properties in an amount sufficient to satisfy the Available Asset Coverage Ratio set forth in Section 5.32(e).