Common use of Performance; No Default Clause in Contracts

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. (a) The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement Execution Date to the Closing assuming that Sections 9 and 10 are applicable from the date of this AgreementAgreement are applicable. From the date of this Agreement Execution Date until the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Default, Event of Default or Change in Control shall have occurred and be continuing, and (ii) no Change in Control or Control Event shall have occurred. Neither None of the Company nor any Restricted Subsidiary Parties shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter Information Memorandum that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the such Closing and from the date of this Agreement to the such Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the such Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, and (ii) no Change in Control or Control Event . The Company shall have occurred. Neither the Company nor any Restricted Subsidiary shall not have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter Memorandum that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.149.8), (i) no Default or Event of Default shall have occurred and be continuing, continuing and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this AgreementClosing. From the date of this Agreement Execution Date until the Closing, before and after giving effect to the issue and sale of the Initial Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter Execution Date that would have been prohibited by Section 10 hereof as if such provisions had applied to the Company since such date. The Company shall have been in compliance with the provisions of Section 9 hereof since the Execution Date as if such provisions had applied to the Company since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreementon each Purchase Date. From the date of this Agreement Execution Date until the ClosingClosing and as of each Purchase Date, before and after giving effect to the issue and sale of the Initial Notes on such date (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter Execution Date that would have been prohibited by Section 10 hereof as if such provisions had applied to the Company since such date. The Company shall have been in compliance with the provisions of Section 9 hereof since the Execution Date as if such provisions had applied to the Company since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s 's most recently ended Fiscal Quarter that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. (a) The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and Closing, including from the date of this Agreement Execution Date to the Closing assuming that Sections 9 and 10 are applicable from the date of this AgreementClosing. From the date of this Agreement until the Closing, Immediately before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, continuing and (ii) no Change in of Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter Investor Presentation that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. (a) The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and such Closing, including from the date of this Agreement Execution Date to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreementsuch Closing. From the date of this Agreement until the Closing, Immediately before and after giving effect to the issue and sale of the Notes at such Closing (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, continuing and (ii) no Change in of Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter Investor Presentation that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. (a) The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the such Closing and from the date of this Agreement to the each Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the each Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, continuing and (ii) no Change in of Control or Control Event shall have occurred. Neither the REIT, the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter Memorandum that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this AgreementClosing. From the date of this Agreement until the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, continuing and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter Presentation that would have been prohibited by Section 10 had such Section applied since such date.. Xxxxx Xxxxxx Industries, Inc. Note Purchase Agreement

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the CompanyMemorandumCompany’s most recently ended Fiscal Quarter that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal fiscal quarterFiscal Quarter that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. (a) The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing, before and after, and after giving effect to the issue and sale of the Notes at the Closing (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Change in Control, Default or Event of Default shall have occurred and be continuing, and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary of its Subsidiaries shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter March 20, 2017 that would have been prohibited by Section 10 had such Section applied since such date.. Agree Limited Partnership Note Purchase Agreement

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter fiscal quarter that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing, and (ii) no Change in Control or Control Event shall have occurred. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Company’s most recently ended Fiscal Quarter this Agreement that would have been prohibited by Section 10 had such Section applied since such datedate nor shall a Change in Control or Control Event have occurred since the date of this Agreement.