Common use of Transactions With Affiliates or Subsidiaries Clause in Contracts

Transactions With Affiliates or Subsidiaries. (a) No Borrower shall enter into any transaction with any Subsidiary or other Affiliate (other than another Borrower) including, without limitation, the purchase, sale, lease or exchange of Property, or the loaning, capitalization or giving of funds to any such Affiliate or any Subsidiary, unless (i) such Subsidiary or Affiliate is engaged in a business substantially related to the business conducted by such Borrower, (ii) the transaction is in the ordinary course of and pursuant to the reasonable requirements of such Borrower’s business and upon terms substantially the same and no less favorable to such Borrower as it would obtain in a comparable arm’s length transactions with any Person not an Affiliate or a Subsidiary, and (iii) such transaction is not prohibited hereunder. Notwithstanding the foregoing, Borrowers may engage in each of the transactions noted on Schedule 7.04(a) hereto, in each case to the extent (as applicable) not prohibited under the Subordination Agreements and not otherwise prohibited hereunder. (b) Except with the prior written consent of Lender and except with respect to the Subsidiaries listed on Scheduled 2.10 hereto, no Borrower shall create or acquire any Subsidiary or own any Capital Stock in any Person In the event that Lender permits the foregoing, Lender may, in its sole discretion, require that such Person becomes a Borrower hereunder.

Transactions With Affiliates or Subsidiaries. (a) No Borrower shall 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, capitalization or giving of funds to any such Affiliate or any Subsidiarysubsidiary, unless (i) such Subsidiary subsidiary or Affiliate is engaged in a business substantially related to the business conducted by such Borrower, Borrower and (ii) the transaction is in the ordinary course of and pursuant to the reasonable requirements of such Borrower’s 's business and upon terms substantially the same and no less favorable to such Borrower as it would obtain in a comparable arm’s arm's-length transactions with any Person not an Affiliate or a Subsidiary, subsidiary and (iii) such transaction is not prohibited hereunder. Notwithstanding the foregoing, Borrowers may engage in each of the transactions noted on Schedule 7.04(a) hereto, in each case to the extent (as applicable) not prohibited under the Subordination Agreements and not otherwise prohibited hereunder. (b) Except Subject in any event to the limitations of Section 7.4(a) above and except with the prior written consent of Lender and except with respect to the Subsidiaries listed on Scheduled 2.10 heretoLender, which consent shall not be unreasonably withheld, no Borrower shall create or acquire any Subsidiary or own any Capital Stock subsidiary unless such subsidiary engages in any Person In a business substantially related to the event that Lender permits business of such Borrower as conducted immediately prior to the foregoingClosing Date, Lender mayand if required by Lender, in its sole discretion, require that such Person subsidiary becomes a Borrower hereunder.

Transactions With Affiliates or Subsidiaries. (a) No Borrower shall 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, capitalization or giving of funds to any such Affiliate or any Subsidiarysubsidiary, unless (i) such Subsidiary subsidiary or Affiliate is engaged in a business substantially related to the business conducted by such Borrower, Borrower and (ii) the transaction is in the ordinary course of and pursuant to the reasonable requirements of such Borrower’s business and upon terms substantially the same and no less favorable to such Borrower as it would obtain in a comparable arm’s arm’s-length transactions with any Person not an Affiliate or a Subsidiary, subsidiary and (iii) such transaction is not prohibited hereunder. Notwithstanding the foregoing, Borrowers may engage in each of the transactions noted on Schedule 7.04(a) hereto, in each case to the extent (as applicable) not prohibited under the Subordination Agreements and not otherwise prohibited hereunder. (b) Except Subject in any event to the limitations of Section 7.4(a) above, except with the prior written consent of Lender and except with respect to the Subsidiaries listed on Scheduled 2.10 heretoLender, which consent shall not be unreasonably withheld, no Borrower shall create or acquire any Subsidiary or own any Capital Stock subsidiary unless such subsidiary engages in any Person In a business substantially related to the event that Lender permits business of such Borrower as conducted immediately prior to the foregoingClosing Date, Lender mayand if required by Lender, in its sole discretion, require that such Person subsidiary becomes a Borrower hereunder.