Common use of Limitation on Restrictive Agreements Clause in Contracts

Limitation on Restrictive Agreements. The ------------------------------------ Borrower will not, and will not cause or permit any of its Subsidiaries to, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, contains any financial covenants or prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: (a) the incurrence of Indebtedness, (b) the granting of Liens, (c) the making or granting of Guarantees, (d) the payment of dividends or distributions, (e) the purchase, redemption or retirement of any Capital Stock, (f) the making of loans or advances, (g) transfers or sales of property or assets (including Capital Stock) by the Borrower or any of its Subsidiaries, other than restrictions on the granting of Liens on, or the transfer of, assets that are encumbered by Liens permitted under clauses (b), (h) and (i) of Section 6.02 hereof with respect to the property or assets covered by such Lien only, or (h) the making of amendments, changes, waivers or consents with respect to this Agreement and the Loan Papers, provided that, notwithstanding the foregoing, (I) Nuggets Sub, Avalanche Sub, Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC may enter into restrictive agreements relating solely to the Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC and the Arena/Complex, each exclusively in connection with the Non-Recourse Arena Financing, the Arena/Complex or the interest of the City and County of Denver in the Arena/Complex acceptable to the Administrative Agent, (ii) Ascent Arena Company, LLC may enter into the Arena Operating Agreement, (iii) Ascent Arena Company, LLC and Ascent Arena Operating Company, LLC may enter into the Operating and Management Agreement, (iv) the Borrower may enter into any such restrictive agreements relating to any Preferred Stock permitted under Section 6.01(g) hereof so long as no such restrictive agreement shall be effective or binding on the Borrower or any of its Subsidiaries until the earlier of (A) the Maturity Date and (B) the payment in full of the Obligations and the termination of the Commitments, and (v) the Borrower may issue the Senior Notes and enter into the Senior Notes Documentation.

Limitation on Restrictive Agreements. The ------------------------------------ Borrower will not, and will not cause or permit any of its the Restricted Subsidiaries to, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, contains any financial covenants or prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: (a) the incurrence of Indebtedness, (b) the granting of Liens, (cb) the making or granting of Guarantees, (dc) the payment of dividends or distributionsand distributions by any Subsidiary of the Borrower, (ed) the purchase, redemption or retirement of any Capital Stock, (e) the making of any other Restricted Payments, (f) the making of loans or advances, (g) transfers or sales of property or assets (including Capital Stock) by the Borrower or any of its the Restricted Subsidiaries, other than restrictions on the granting of Liens on, or the transfer of, assets that are encumbered by Liens permitted under clauses (b), ) and (h) and (i) of Section 6.02 hereof 6.2 with respect to the property or assets covered by such Lien only, or provided that (hi) the making of amendmentsforegoing shall not apply to restrictions and conditions existing on the Restatement Effective Date and set forth in Schedule 6.8 (but shall apply to any extension or renewal of, changesor any amendment or modification expanding the scope of, waivers any such restriction or consents with respect to this Agreement and the Loan Papers, provided that, notwithstanding the foregoing, (I) Nuggets Sub, Avalanche Sub, Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC may enter into restrictive agreements relating solely to the Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC and the Arena/Complex, each exclusively in connection with the Non-Recourse Arena Financing, the Arena/Complex or the interest of the City and County of Denver in the Arena/Complex acceptable to the Administrative Agentcondition), (ii) Ascent Arena Company, LLC may enter into the Arena Operating foregoing shall not apply to restrictions or conditions imposed on the Borrower by any agreement relating to Indebtedness permitted by this Agreement, (iii) Ascent Arena Companyclause (a) of this Section shall not apply to restrictions or conditions imposed on any Restricted Subsidiary by any agreement relating to secured Indebtedness permitted by this Agreement if such restrictions or conditions apply only to the property or assets securing such Indebtedness, LLC and Ascent Arena Operating Company, LLC may enter into the Operating and Management Agreement, (iv) the Borrower may enter into any such restrictive agreements relating clause (a) of this Section shall not apply to any Preferred Stock permitted under Section 6.01(g) hereof so long as no such restrictive agreement shall be effective or binding on the Borrower or any of its Subsidiaries until the earlier of (A) the Maturity Date and (B) the payment customary provisions in full of the Obligations and the termination of the Commitments, and (v) the Borrower may issue the Senior Notes and enter into the Senior Notes Documentationleases.

Limitation on Restrictive Agreements. The ------------------------------------ Borrower will not, and will not cause or permit any of its Subsidiaries to, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, contains any financial covenants or prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: (a) the incurrence of Indebtedness, (b) the granting of Liens, (c) the making or granting of Guarantees, (d) the payment of dividends or distributions, (e) the purchase, redemption or retirement of any Capital Stock, (f) the making of loans or advances, or (g) transfers or sales of property or assets (including Capital Stock) by the Borrower or any of its Subsidiaries, other than restrictions on the granting of Liens on, or the transfer of, assets that are encumbered by Liens permitted under clauses (b), (h) and (i) of Section 6.02 hereof with respect to the property or assets covered by such Lien only, or (h) the making of amendments, changes, waivers or consents with respect to this Agreement and the Loan Papers, provided that, notwithstanding the foregoing, (Ii) Nuggets Sub, Avalanche Sub, Ascent Arena Company, LLC and the Subsidiaries of Ascent Denver Arena Company, LLC may enter into restrictive agreements relating solely to the Ascent Arena Company, LLC and the Subsidiaries of Ascent Denver Arena Company, LLC and the Arena/Complex, each exclusively in connection with the Non-Recourse Arena Financing, the Arena/Complex or the interest of the City and County of Denver in the Arena/Complex acceptable to the Administrative AgentComplex, (ii) Ascent Arena Company, LLC Beacon may enter into restrictive agreements relating solely to Beacon, its Subsidiaries and the Arena Operating Agreementrelated Motion Pictures invested in by Beacon and its Subsidiaries, each exclusively in connection with Non-Recourse Film Indebtedness, and (iii) Ascent Arena Company, LLC and Ascent Arena Operating Company, LLC may enter into the Operating and Management Agreement, (iv) the Borrower may enter into any such restrictive agreements relating to any Preferred Stock permitted under Section 6.01(g6.01(h) hereof so long as no such restrictive agreement shall be effective or binding on the Borrower or any of its Subsidiaries until the earlier of (A) the Maturity Date and (B) the payment in full of the Obligations and the termination of the Commitments, and (v) the Borrower may issue the Senior Notes and enter into the Senior Notes Documentation.

Limitation on Restrictive Agreements. The ------------------------------------ Borrower will not, and will not cause or permit any of its Subsidiaries to, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, contains any financial covenants or prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: (a) the incurrence of Indebtedness, (b) the granting of Liens, (c) the making or granting of Guarantees, (d) the payment of dividends or distributions, (e) the purchase, redemption or retirement of any Capital Stock, (f) the making of loans or advances, (g) transfers or sales of property or assets (including Capital Stock) by the Borrower or any of its Subsidiaries, other than restrictions on the granting of Liens on, or the transfer of, assets that are encumbered by Liens permitted under clauses (b), (h) and (i) of Section 6.02 hereof with respect to the property or assets covered by such Lien only, or (h) the making of amendments, changes, waivers or consents with respect to this Agreement and the Loan Papers, provided that, notwithstanding the foregoing, (Ii) Nuggets Sub, Avalanche Sub, Ascent Arena Company, LLC Sub and the Subsidiaries of Ascent Arena Company, LLC may enter into restrictive agreements relating solely to the Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC and the Arena/Complex, each exclusively in connection with the Non-Recourse Arena Financing, the Arena/Complex or the interest of the City and County of Denver in the Arena/Complex acceptable to the Administrative Agent, (ii) Ascent Arena Company, LLC may enter into the Arena Operating Agreement, (iii) Ascent Arena Company, LLC and Ascent Arena Operating Company, LLC Beacon may enter into restrictive agreements relating solely to Beacon, its Subsidiaries and the Operating related Motion Pictures invested in by Beacon and Management Agreementits Subsidiaries, each exclusively in connection with Non-Recourse Film Indebtedness, (iv) the Borrower may enter into any such restrictive agreements relating to any Preferred Stock permitted under Section 6.01(g) hereof so long as no such restrictive agreement shall be effective or binding on the Borrower or any of its Subsidiaries until the earlier of (A) the Maturity Date and (B) the payment in full of the Obligations and the termination of the Commitments, and (v) the Borrower may issue the Senior Notes and enter into the Senior Notes Documentation.

Limitation on Restrictive Agreements. The ------------------------------------ Borrower will Company shall not, and will not cause or nor shall it permit any of its Restricted Subsidiaries to, enter into into, or suffer to exist, any indenture, agreement, instrument, financing document or other arrangement agreement with any Person which, directly or indirectly, contains any financial covenants or prohibits or restrainslimits the HOU03:1289851 #PageNum# ability of (x) the Company to create, incur, or has the effect suffer to exist Liens on its property, provided, however, that this clause (x) shall not prohibit any Lien permitted under Section 10.4 or any negative pledge incurred or provided in favor of prohibiting any holder of Indebtedness not prohibited by this Agreement or restraining, or imposes materially adverse conditions upon: (y) any Restricted Subsidiary to (a) make any Restricted Payment to the incurrence of IndebtednessCompany or prepay any Indebtedness owed to the Company, (b) make loans or advances to the granting of LiensCompany, (c) create, incur, or suffer to exist Liens on the making property of such Restricted Subsidiary, provided, however, that this clause (c) shall not prohibit any negative pledge incurred or granting provided in favor of Guarantees, any holder of Indebtedness not prohibited by this Agreement or (d) transfer any of its Properties to the payment Company; provided that the foregoing shall not apply to such restrictions existing under or by reason of dividends or distributions, (ei) the purchase, redemption or retirement applicable Legal Requirement; (ii) any agreement relating to any Indebtedness permitted under this Agreement; (iii) customary non-assignment provisions of any Capital Stockcontract; (iv) customary restrictions on cash or other deposits imposed by customers under contracts entered into in the ordinary course of business; (v) purchase money obligations for property acquired in the ordinary course of business that impose restrictions on the property so acquired; (vi) contracts for the sale of Properties, (f) including customary restrictions with respect to a Restricted Subsidiary pursuant to an agreement that has been entered into for the making sale of loans all or advances, (g) transfers or sales substantially all of property the Equity Interests or assets of such Restricted Subsidiary; (including Capital Stockvii) any agreement or other instrument governing Indebtedness of a Person acquired by the Borrower Company or any of its Subsidiaries, other than restrictions on Restricted Subsidiaries (or of a Subsidiary of such Person which becomes a Restricted Subsidiary) in existence at the granting time of Liens on, or the transfer of, assets that are encumbered by Liens permitted under clauses such acquisition (bbut not created in contemplation thereof), (h) and (i) of Section 6.02 hereof with respect which restriction is not applicable to the property or assets covered by such Lien only, or (h) the making of amendments, changes, waivers or consents with respect to this Agreement and the Loan Papers, provided that, notwithstanding the foregoing, (I) Nuggets Sub, Avalanche Sub, Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC may enter into restrictive agreements relating solely to the Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC and the Arena/Complex, each exclusively in connection with the Non-Recourse Arena Financing, the Arena/Complex or the interest of the City and County of Denver in the Arena/Complex acceptable to the Administrative Agent, (ii) Ascent Arena Company, LLC may enter into the Arena Operating Agreement, (iii) Ascent Arena Company, LLC and Ascent Arena Operating Company, LLC may enter into the Operating and Management Agreement, (iv) the Borrower may enter into any such restrictive agreements relating to any Preferred Stock permitted under Section 6.01(g) hereof so long as no such restrictive agreement shall be effective or binding on the Borrower Company or any of its Restricted Subsidiaries, or Properties of any such Person, other than the Person, or Properties or Subsidiaries until the earlier of (A) the Maturity Date and (B) the payment in full of the Obligations and Person, so acquired; or (viii) provisions contained in agreements relating to Indebtedness which prohibit the termination transfer of all or substantially all of the Commitments, and (v) assets of the Borrower may issue obligor thereunder unless the Senior Notes and enter into transferee shall assume the Senior Notes Documentationobligations of the obligor under such agreement or instrument.

Limitation on Restrictive Agreements. The ------------------------------------ Borrower will not, and nor will not cause or it permit any of its Subsidiaries Subsidiary to, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, contains enter into, incur or permit to exist any financial covenants agreement or prohibits or restrainsother arrangement that prohibits, or has the effect of prohibiting or restraining, restricts or imposes materially adverse conditions upon: any condition upon (a) the incurrence ability of Indebtednessthe Borrower or any Subsidiary to create, incur or permit to exist any Lien upon any of its property or assets, or (b) the granting ability of Liens, (c) the making or granting of Guarantees, (d) the payment of any Subsidiary to pay dividends or distributions, (e) the purchase, redemption other Distributions with respect to any Equity Interests issued by it or retirement of any Capital Stock, (f) the making of to make or repay loans or advances, (g) transfers or sales of property or assets (including Capital Stock) by advances to the Borrower or any other Subsidiary or to be obligated under a Guaranty with respect to Indebtedness of its Subsidiaries, the Borrower or any other than restrictions on the granting of Liens on, or the transfer of, assets that are encumbered by Liens permitted under clauses (b), (h) and Subsidiary; provided that: (i) the foregoing shall not apply to restrictions and conditions imposed by law or by any Loan Document, the Senior Note Purchase Agreements or Subordinated Notes; (ii) the foregoing shall not apply to restrictions and conditions existing on the date hereof identified on Schedule 5.16 (but shall apply to any modification of Section 6.02 hereof with respect any such restriction or condition expanding the scope thereof); (iii) the foregoing shall not apply to customary restrictions and conditions contained in agreements relating to the sale of a Subsidiary pending such sale, provided such restrictions and conditions apply only to the Subsidiary that is to be sold and such sale is permitted hereunder; (iv) clause (a) of the foregoing shall not apply to restrictions or conditions imposed by any agreement relating to secured Indebtedness permitted by this Agreement, including any Indebtedness under a Receivable Securitization, if such restrictions or conditions apply only to the property or assets covered securing such Indebtedness; (v) clause (a) of the foregoing shall not apply to customary provisions in leases and other contracts restricting the assignment thereof; (vi) clause (b) of the foregoing shall not apply to customary provisions contained in agreements entered into in connection with Indebtedness owed by such Lien onlyany Foreign Subsidiary that impose restrictions on the ability of the Foreign Subsidiary thereunder to declare, pay or (h) set aside funds for the making of amendments, changes, waivers or consents with any Distribution in respect of the Equity Interests issued by such Foreign Subsidiary; and (vii) clause (b) of the foregoing shall not apply to this Agreement and the Loan Papers, provided that, notwithstanding the foregoing, (I) Nuggets Sub, Avalanche Sub, Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC may enter customary provisions contained in agreements entered into restrictive agreements relating solely to the Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC and the Arena/Complex, each exclusively in connection with Receivable Securitizations permitted hereby that impose restrictions on the Non-Recourse Arena Financing, the Arena/Complex or the interest ability of the City and County special purpose entity party thereto to declare, pay or set aside funds for the making of Denver any Distribution in the Arena/Complex acceptable to the Administrative Agent, (ii) Ascent Arena Company, LLC may enter into the Arena Operating Agreement, (iii) Ascent Arena Company, LLC and Ascent Arena Operating Company, LLC may enter into the Operating and Management Agreement, (iv) the Borrower may enter into any such restrictive agreements relating to any Preferred Stock permitted under Section 6.01(g) hereof so long as no such restrictive agreement shall be effective or binding on the Borrower or any of its Subsidiaries until the earlier of (A) the Maturity Date and (B) the payment in full respect of the Obligations and the termination of the Commitments, and (v) the Borrower may issue the Senior Notes and enter into the Senior Notes DocumentationEquity Interests issued by such entity.

Limitation on Restrictive Agreements. The ------------------------------------ Borrower will not, and will not cause or permit any of its Subsidiaries to, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, contains any financial covenants or prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: (a) the incurrence of Indebtedness, (b) the granting of Liens, (c) the making or granting of Guarantees, (d) the payment of dividends or distributions, (e) the purchase, redemption or retirement of any Capital Stock, (f) the making of loans or advances, or (g) transfers or sales of property or assets (including Capital Stock) by the Borrower or any of its Subsidiaries, other than restrictions on the granting of Liens on, or the transfer of, assets that are encumbered by Liens permitted under clauses (b), (h) and (i) of Section 6.02 hereof with respect to the property or assets covered by such Lien only, or (h) the making of amendments, changes, waivers or consents with respect to this Agreement and the Loan Papers, provided that, notwithstanding the foregoing, (Ii) Nuggets Sub, Avalanche Sub, Ascent Arena Company, LLC and the Subsidiaries of Ascent Denver Arena Company, LLC may enter into restrictive agreements relating solely to the Ascent Arena Company, LLC and the Subsidiaries of Ascent Denver Arena Company, LLC and the Arena/Complex, each exclusively in connection with the Non-Recourse Arena Financing, the Arena/Complex or the interest of the City and County of Denver in the Arena/Complex acceptable to the Administrative AgentComplex, (ii) Ascent Arena Company, LLC Beacon may enter into restrictive agreements relating solely to Beacon, its Subsidiaries and the Arena Operating Agreementrelated Motion Pictures invested in by Beacon and its Subsidiaries, each exclusively in connection with Non-Recourse Film Indebtedness, (iii) Ascent Arena Company, LLC and Ascent Arena Operating Company, LLC may enter into the Operating and Management Agreement, (iv) the Borrower may enter into any such restrictive agreements relating to any Preferred Stock permitted under Section 6.01(g6.01(h) hereof so long as no such restrictive agreement shall be effective or binding on the Borrower or any of its Subsidiaries until the earlier of (A) the Maturity Date and (B) the payment in full of the Obligations and the termination of the Commitments, and (viv) in connection with the issuance of Subordinated Indebtedness, the Borrower may issue the Senior Notes and enter into restrictive agreements and provisions permitted by the Senior Notes Documentationterms set forth in EXHIBIT F attached hereto and otherwise acceptable to Administrative Agent and Required Lenders, but in no event shall any such restrictive provisions be more restrictive than the provisions contained in this Agreement and the other Loan Papers.

Limitation on Restrictive Agreements. The ------------------------------------ Borrower will not, and will not cause or permit any None of its Subsidiaries to, the Loan Parties shall enter into any indenture, agreement, instrument, financing document agreement or other arrangement which, directly or indirectly, contains any financial covenants or prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: instrument that by its terms restricts (a) the incurrence of Indebtedness, (b) the granting of Liens, (c) the making or granting of Guarantees, (d) the payment of dividends or distributions, (e) the purchase, redemption other distributions or retirement of any Capital Stock, (f) the making of loans or advances, (g) transfers or sales of property or assets (including Capital Stock) by the Borrower or any of its Subsidiaries, other than restrictions on the granting of Liens on, or the transfer of, assets that are encumbered by Liens permitted under clauses (b), (h) and (i) of Section 6.02 hereof with respect cash advances to the property or assets covered by such Lien only, or (h) the making of amendments, changes, waivers or consents with respect to this Agreement and the Loan Papers, provided that, notwithstanding the foregoing, (I) Nuggets Sub, Avalanche Sub, Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC may enter into restrictive agreements relating solely to the Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC and the Arena/Complex, each exclusively in connection with the Non-Recourse Arena Financing, the Arena/Complex or the interest of the City and County of Denver in the Arena/Complex acceptable to the Administrative Agent, (ii) Ascent Arena Company, LLC may enter into the Arena Operating Agreement, (iii) Ascent Arena Company, LLC and Ascent Arena Operating Company, LLC may enter into the Operating and Management Agreement, (iv) the Borrower may enter into any such restrictive agreements relating to any Preferred Stock permitted under Section 6.01(g) hereof so long as no such restrictive agreement shall be effective or binding on the Borrower or any of its Subsidiaries until that is a direct or indirect parent of such Subsidiary, or (b) the earlier granting of Liens by the Loan Parties to secure the Secured Obligations, in each case other than those arising under any Transaction Documents, except, in each case, restrictions existing by reason of (Ai) restrictions imposed by requirement of Applicable Law, (ii) contractual encumbrances or restrictions existing on the Maturity Date Closing Date, (iii) any restrictions imposed by any agreement relating to secured Indebtedness permitted by this Agreement to the extent that such restrictions apply only to the specific property or assets securing such Indebtedness, (iv) customary provisions contained in leases or licenses of Intellectual Property and other similar agreements entered into in the ordinary course of business, (Bv) customary provisions restricting subletting or assignment of any lease governing a leasehold interest customary provisions restricting assignment, mortgaging or hypothecation of any agreement entered into in the payment ordinary course of business, (vi) customary restrictions and conditions contained in full any agreement relating to the sale, transfer, lease or other Disposition of any asset permitted under Section 7.6 pending the consummation of such sale, transfer, lease or other Disposition, (vii) customary net worth provisions contained in real property leases entered into by Subsidiaries, so long as the Borrower has determined in good faith that such net worth provisions would not reasonably be expected to impair the ability of the Obligations Borrower and its Subsidiaries to meet their ongoing obligation, (viii) customary restrictions contained in leases, subleases, licenses or Equity Interests or asset sale agreements otherwise permitted hereby as long as such restrictions relate to the termination Equity Interests and assets subject thereto, (ix) restrictions on cash or other deposits imposed by customers under contracts entered into in the ordinary course of the Commitmentsbusiness, and (vx) restrictions arising under or as a result of the Borrower may issue the Senior Notes and enter into the Senior Notes Documentationterms of any license, authorization, concession or permit.

Limitation on Restrictive Agreements. The Borrower ------------------------------------ Borrower will not, and will not cause or permit any of its Subsidiaries to, enter into any indenture, agreement, instrument, financing document or other arrangement which, directly or indirectly, contains any financial covenants or prohibits or restrains, or has the effect of prohibiting or restraining, or imposes materially adverse conditions upon: (a) the incurrence of Indebtedness, (b) the granting of Liens, (c) the making or granting of Guarantees, (d) the payment of dividends or distributions, (e) the purchase, redemption or retirement of any Capital Stock, (f) the making of loans or advances, (g) transfers or sales of property or assets (including Capital Stock) by the Borrower or any of its Subsidiaries, other than restrictions on the granting of Liens on, or the transfer of, assets that are encumbered by Liens permitted under clauses (b), (h) and (i) of Section 6.02 hereof with respect to the property or assets covered by such Lien only, or (h) the making of amendments, changes, waivers or consents with respect to this Agreement and the Loan Papers, provided that, notwithstanding the foregoing, (I) Nuggets Sub, Avalanche Sub, Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC may enter into restrictive agreements relating solely to the Ascent Arena Company, LLC and the Subsidiaries of Ascent Arena Company, LLC and the Arena/Complex, each exclusively in connection with the Non-Recourse Arena Financing, the Arena/Complex or the interest of the City and County of Denver in the Arena/Complex acceptable to the Administrative Agent, (ii) Ascent Arena Company, LLC may enter into the Arena Operating Agreement, (iii) Ascent Arena Company, LLC and Ascent Arena Operating Company, LLC may enter into the Operating and Management Agreement, (iviv)Beacon may enter into restrictive agreements relating solely to Beacon, its Subsidiaries and the related Motion Pictures invested in by Beacon and its Subsidiaries, each exclusively in connection with Non-Recourse Film Indebtedness, (v) the Borrower may enter into any such restrictive agreements relating to any Preferred Stock permitted under Section 6.01(g) hereof so long as no such restrictive agreement shall be effective or binding on the Borrower or any of its Subsidiaries until the earlier of (A) the Maturity Date and (B) the payment in full of the Obligations and the termination of the Commitments, and (vvi) the Borrower may issue the Senior Notes and enter into the Senior Notes Documentation.