Common use of Non-Contravention of Existing Instruments Clause in Contracts

Non-Contravention of Existing Instruments. No Further Authorizations or Approvals Required. Neither the Company nor any of the Subsidiaries is, or with the giving of notice or lapse of time or both, will be, in violation of or in default under (i) its Certificate of Incorporation or By-Laws, (ii) any agreement, lease, contract, indenture or other instrument or obligation to which it is a party or by which it, or any of its properties, is bound and, solely with respect to this clause (ii), which violation or default would reasonably be expected to result in a Material Adverse Change. The execution and delivery by the Company of, and the performance by the Company of its obligations under, this Agreement, the Indenture, the Registration Rights Agreement and the Securities will not contravene any provision of applicable law or the Amended and Restated Certificate of Incorporation, as amended, or the Amended and Restated By-Laws of the Company, as amended, or any agreement or other instrument binding upon the Company or any of the subsidiaries that is material to the Company and the subsidiaries, taken as a whole, or any judgment, order or decree of any governmental body, agency or court having jurisdiction over the Company or any subsidiary, and no consent, approval, authorization or order of, or qualification with, any governmental body or agency is required for the performance by the Company of its obligations under this Agreement, the Indenture, the Registration Rights Agreement or the Securities, except (1) such as may have been obtained, (2) as may be required by applicable federal or state securities laws, (3) for qualification of the Indenture under the Trust Indenture Act and (4) to the extent that failure to obtain any such consent, approval, authorization, order or qualification would not have a material adverse effect on the ability of the Company to perform its obligations under this Agreement, the Indenture, the Registration Rights Agreement or the Securities.

Non-Contravention of Existing Instruments. No Further Authorizations or Approvals Required. Neither the Company nor any of the Subsidiaries is, or with the giving of notice or lapse of time or both, will be, in violation of or in default under (i) its Certificate of Incorporation or By-Laws, (ii) any agreement, lease, contract, indenture or other instrument or obligation to which it is a party or by which it, or any of its properties, is bound and, solely with respect to this clause (ii), which violation or default would reasonably be expected to result in a Material Adverse Change. The execution and delivery by the Company of, and the performance by the Company of its obligations under, this Agreement, the Indenture, the Registration Rights Agreement and the Securities will not contravene any provision of applicable law or the Amended and Restated Certificate of Incorporation, as amended, or the Amended and Restated By-Laws of the Company, as amended, or any agreement or other instrument binding upon the Company or any of the subsidiaries that is material to the Company and the subsidiaries, taken as a whole, or any judgment, order or decree of any governmental body, agency or court having jurisdiction over the Company or any subsidiary, and no consent, approval, authorization or order of, or qualification with, any governmental body or agency is required for the performance by the Company of its obligations under this Agreement, the Indenture, the Registration Rights Agreement or the Securities, except (1) such as may have been obtained, (2) as may be required by applicable federal or state securities laws, (3) for qualification of the Indenture under the Trust Indenture Act and Act, (4) to the extent that failure to obtain any such consent, approval, authorization, order or qualification would not have a material adverse effect on the ability of the Company to perform its obligations under this Agreement, the Indenture, the Registration Rights Agreement or the SecuritiesSecurities and (5) such consents, approvals, authorizations, orders, filings, registrations or qualifications as may be required in connection with an application to list the Euro Securities on the Official List of the Irish Stock Exchange and to admit the Euro Securities to trading on the Global Exchange Market of that exchange.

Non-Contravention of Existing Instruments. No Further Authorizations or Approvals Required. Neither the Company nor any of the Subsidiaries Guarantors is, or with the giving of notice or lapse of time or both, will be, in violation of or in default under (i) its Certificate of Incorporation or By-Laws, (ii) any agreement, lease, contract, indenture or other instrument or obligation to which it is a party or by which it, or any of its properties, is bound and, solely with respect to this clause (ii), which violation or default would reasonably be expected to result in a Material Adverse Change. The execution and delivery by the Company and the Guarantors of, and the performance by the Company and the Guarantors of its their obligations under, this Agreement, the Indenture, the Registration Rights Agreement Indenture and the Securities will not contravene any provision of applicable law or the Amended and Restated Certificate of Incorporation, as amended, or the Amended and Restated By-Laws of the Company, as amended, or any agreement or other instrument binding upon the Company or any of the subsidiaries that is material to the Company and the its subsidiaries, taken as a whole, or any judgment, order or decree of any governmental body, agency or court having jurisdiction over the Company or any subsidiary, and no consent, approval, authorization or order of, or qualification with, any governmental body or agency is required for the performance by the Company of its obligations under this Agreement, the Indenture, the Registration Rights Agreement Indenture or the Securities, except (1) such as may have been obtained, (2) as may be required by applicable federal or state securities laws, (3) for qualification of the Indenture under the Trust Indenture Act and (4) to the extent that failure to obtain any such consent, approval, authorization, order or qualification would not have a material adverse effect on the ability of the Company to perform its obligations under this Agreement, the Indenture, the Registration Rights Agreement Indenture or the Securities.

Non-Contravention of Existing Instruments. No Further Authorizations or Approvals Required. Neither the Company nor any of the Subsidiaries is, or with the giving of notice or lapse of time or both, will be, in violation of or in default under (i) its Certificate of Incorporation or By-Laws, (ii) any agreement, lease, contract, indenture or other instrument or obligation to which it is a party or by which it, or any of its properties, is bound and, solely with respect to this clause (ii), which violation or default would reasonably be expected to result in a Material Adverse Change. The execution and delivery by the Company of, and the performance by the Company of its obligations under, this Agreement, the IndentureIndentures, the Registration Rights Agreement and the Securities will not contravene any provision of applicable law or the Amended and Restated Certificate of Incorporation, as amended, or the Amended and Restated By-Laws of the Company, as amended, or any agreement or other instrument binding upon the Company or any of the subsidiaries that is material to the Company and the subsidiaries, taken as a whole, or any judgment, order or decree of any governmental body, agency or court having jurisdiction over the Company or any subsidiary, and no consent, approval, authorization or order of, or qualification with, any governmental body or agency is required for the performance by the Company of its obligations under this Agreement, the IndentureIndentures, the Registration Rights Agreement or the Securities, except (1) such as may have been obtained, (2) as may be required by applicable federal or state securities laws, (3) for qualification of the Indenture Indentures under the Trust Indenture Act and Act, (4) to the extent that failure to obtain any such consent, approval, authorization, order or qualification would not have a material adverse effect on the ability of the Company to perform its obligations under this Agreement, the IndentureIndentures, the Registration Rights Agreement or the SecuritiesSecurities and (5) such consents, approvals, authorizations, orders, filings, registrations or qualifications as may be required in connection with an application to list the Euro Securities on the Official List of the Irish Stock Exchange (the “Exchange”) and to admit the Euro Securities to trading on the Global Exchange Market of the Exchange.

Non-Contravention of Existing Instruments. No Further Authorizations or Approvals Required. Neither the Company nor any None of the Subsidiaries isCapital Southwest Entities, or with I-45 nor, to the giving knowledge of notice or lapse of time or boththe Company, will beMRI, are in violation of or in default under (i) its Certificate of Incorporation respective charter, bylaws, or By-Laws, any similar organizational document; (ii) any indenture, mortgage, loan or credit agreement, leasenote, contract, indenture franchise, lease or other agreement or instrument , and any supplements or obligation amendments thereto, to which it is a party or by bound or to which it, or any of its propertiesproperties or assets is subject, is bound andincluding, solely with respect to this clause (ii), which violation or default would reasonably be expected to result in a Material Adverse Change. The execution and delivery by the Company of, and the performance by the Company of its obligations under, this Agreement, the Indenture, the Registration Rights Agreement and the Securities will not contravene any provision of applicable law or the Amended and Restated Certificate of Incorporation, as amended, or the Amended and Restated By-Laws case of the Company, as amendedany Portfolio Company Agreement; and (iii) any statute, or any agreement or other instrument binding upon the Company or any of the subsidiaries that is material to the Company and the subsidiarieslaw, taken as a wholerule, or any regulation, judgment, order or decree of any court, regulatory body, administrative agency, governmental body, agency arbitrator or court other authority having jurisdiction over it or any of its properties, as applicable, except with respect to clauses (ii) and (iii) herein, for such violations or defaults as would not, individually or in the aggregate, have a Material Adverse Effect. No person has the right to act as an underwriter, sales agent or financial advisor to the Company in connection with or by reason of the offer and sale of the Shares contemplated hereby other than the Manager and any subsidiaryAlternative Manager pursuant to this Agreement and the respective Alternative Equity Distribution Agreement, respectively. The execution, delivery and no consentperformance of this Agreement by the Company and the consummation of the transactions contemplated hereby and by the Prospectus (i) have been duly authorized by all necessary corporate action, approvalhave been effected in accordance with the 1940 Act and will not result in any violation of the provisions of the articles of incorporation or bylaws of the Company, authorization (ii) will not conflict with or order constitute a breach of, or qualification withdefault under, or result in the creation or imposition of any governmental body or agency is required for the performance by the Company of its obligations under this Agreementlien, the Indenture, the Registration Rights Agreement or the Securities, except (1) such as may have been obtained, (2) as may be required by applicable federal or state securities laws, (3) for qualification of the Indenture under the Trust Indenture Act and (4) to the extent that failure to obtain any such consent, approval, authorization, order or qualification would not have a material adverse effect on the ability of the Company to perform its obligations under this Agreement, the Indenture, the Registration Rights Agreement or the Securities00000000.