Common use of Transactions With Affiliates or Subsidiaries Clause in Contracts

Transactions With Affiliates or Subsidiaries. (a) Borrower shall not enter into any transaction with any Subsidiary or other Affiliate including, without limitation, the purchase, sale, lease or exchange of Property, or the loaning or giving of funds to any Affiliate or any Subsidiary (other than a sale to a special purpose Subsidiary in connection with a Securitization Transaction or other non-recourse sale), unless (i) such Subsidiary or Affiliate is engaged in a business substantially related to the business conducted by Borrower and the transaction is in the ordinary course of and pursuant to the reasonable requirements of Borrower's business and upon terms substantially the same and no less favorable to Borrower as it would obtain in a comparable arm's-length transactions with any Person not an Affiliate or a Subsidiary, and (ii) so long as such transaction is not otherwise prohibited hereunder. (b) Subject in any event to the limitations of Section 7.4(a) above, Borrower shall not create or acquire any Subsidiary unless such Subsidiary engages in a business substantially related to the business of Borrower as conducted immediately prior to the Closing Date.

Transactions With Affiliates or Subsidiaries. (a) Borrower No BORROWER shall not enter into any transaction with any Subsidiary subsidiary or other Affiliate (other than another BORROWER) including, without limitation, the purchase, sale, lease or exchange of Property, or the loaning loaning, capitalization or giving of funds to any such Affiliate or any Subsidiary (other than a sale to a special purpose Subsidiary in connection with a Securitization Transaction or other non-recourse sale)subsidiary, unless (i) such Subsidiary subsidiary or Affiliate is engaged in a business substantially related to the business permitted to be conducted by Borrower such BORROWER hereunder and (ii) the transaction is in the ordinary course of and pursuant to the reasonable requirements of Borrower's such BORROWER'S business and upon terms substantially the same and no less favorable to Borrower such BORROWER as it would obtain in a comparable arm's-length transactions with any Person not an Affiliate or a Subsidiary, subsidiary and (iiiii) so long as such transaction is not otherwise prohibited hereunder. (b) Subject in any event to the limitations of Section 7.4(a) above, Borrower except with the prior written consent of LENDER, no BORROWER shall not create or acquire any Subsidiary subsidiary unless such Subsidiary subsidiary engages in a business substantially related permitted to the business of Borrower as be conducted immediately prior to the Closing Dateby BORROWERS hereunder, and if required by LENDER, such subsidiary becomes a BORROWER hereunder.

Transactions With Affiliates or Subsidiaries. (a) Borrower shall not enter into any transaction with any Subsidiary or other Affiliate including, without limitationlimita tion, the purchase, sale, lease or exchange of Property, or the loaning or giving of funds to any Affiliate or any Subsidiary (other than a sale to a special purpose Subsidiary in connection with a Securitization Transaction or other non-recourse saleTransaction), unless (i) such Subsidiary or Affiliate is engaged in a business substantially related to the business conducted by Borrower and the transaction is in the ordinary course of and pursuant to the reasonable requirements of Borrower's business and upon terms substantially the same and no less favorable to Borrower as it would obtain in a comparable arm's-length transactions with any Person not an Affiliate or a Subsidiary, and (ii) so long as such transaction is not otherwise prohibited prohib ited hereunder. (b) Subject in any event to the limitations of Section 7.4(a) above, Borrower shall not create or acquire any Subsidiary unless such Subsidiary engages in a business substantially related to the business of Borrower as conducted immediately prior to the Closing Date.