Common use of Performance of Obligations Clause in Contracts

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Coinmach Service Corp), Credit Agreement (Florsheim Shoe Co /De/), Credit Agreement (Coinmach Corp)

AutoNDA by SimpleDocs

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, deed of trust, indenture, security loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could notas, individually or in the aggregate, have not caused, and could not reasonably be expected to have cause, a Default or Event of Default hereunder or a Material Adverse Effect.

Appears in 5 contracts

Samples: Intercreditor Agreement (Dole Food Co Inc), Intercreditor Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)

Performance of Obligations. The Borrower will, and will cause -------------------------- each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, deed of trust, indenture, security loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Building One Services Corp), Credit Agreement (NRT Inc), Credit Agreement (Pacer Express Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, liabilities, prospects or condition (financial or otherwise) of the Borrower or of the Borrower and its Subsidiaries taken as a whole.

Appears in 5 contracts

Samples: Credit Agreement (Ace LTD), Credit Agreement (Assured Guaranty LTD), Credit Agreement (RAM Holdings Ltd.)

Performance of Obligations. The Borrower will, and will cause each of its Restricted Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except such non-performances as could would not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Algoma Steel Group Inc.), Term Loan Credit Agreement (Algoma Steel Group Inc.), Credit Agreement (HUGHES Telematics, Inc.)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the performance, business, assets, nature of assets, liabilities, operations, properties, condition (financial or otherwise) or prospects of the Borrower and its Subsidiaries taken as a whole.

Appears in 4 contracts

Samples: Credit Agreement (Moovies Inc), Credit Agreement (Thane International Inc), And Assumption Agreement (Vantas Inc)

Performance of Obligations. The Borrower willshall, and will shall cause each of its Subsidiaries the Guarantors to, perform in all material respects all of its obligations under the terms of each mortgage, indenture, security agreement and agreement, other debt instrument and any material contract by which it is boundbound or to which it is a party, except where such non-performances as could nonperformance would not, individually singly or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan Agreement (CSS Industries Inc), Loan Agreement (CSS Industries Inc), Loan Agreement (CSS Industries Inc)

Performance of Obligations. The Borrower will, and will cause each of its Restricted Subsidiaries to, perform all of its obligations under the terms of each material mortgage, indenture, security agreement and agreement, other debt instrument (including under all Material Indebtedness) and material contract by which it is bound, bound or to which it is a party except for such non-performances noncompliance as could not, individually or in the aggregate, aggregate could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc)

Performance of Obligations. The Each Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide Inc), Credit Agreement (Starwood Hotels & Resorts), Credit Agreement (Starwood Lodging Corp)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument (including, without limitation, the Credit Documents) by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Diamond S Shipping Inc.), Credit Agreement (Baltic Trading LTD)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument (including, without limitation, the Documents) by which it is bound, except such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Genco Shipping & Trading LTD), Pledge and Security Agreement (Genco Shipping & Trading LTD), Credit Agreement (Genco Shipping & Trading LTD)

Performance of Obligations. The Borrower Each of the Borrowers will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of the Borrowers taken as a whole or of the Borrowers and the Restricted Subsidiaries taken as a whole.

Appears in 3 contracts

Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Interco Inc), Credit Agreement (Furniture Brands International Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of the Borrower and its Subsidiaries taken as a whole.

Appears in 2 contracts

Samples: Pledge Agreement (Doubletree Corp), Sitel Corp

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, lease, contract or instrument by which it is bound, except such non-performances as could would not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (BOSTON OMAHA Corp), Credit Agreement (BOSTON OMAHA Corp)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, lease, contract or instrument by which it is bound, except such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (National Research Corp), Credit Agreement (National Research Corp)

Performance of Obligations. The Borrower will, and will cause each of its Restricted Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and agreement, other debt instrument (including under all Material Indebtedness) and material contract by which it is bound, bound or to which it is a party except for such non-performances noncompliance as could not, individually or in the aggregate, aggregate could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc)

Performance of Obligations. The Borrower willshall, and will shall cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument Material Agreement by which it or any of its properties or assets is bound, ; except such non-performances as where the failure to do so could not, individually or in the aggregate, not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (PCT LLC)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument (including, without limitation, the Credit Documents) by which it is bound, except such to the extent that any non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Baltic Trading LTD), Credit Agreement (Baltic Trading LTD)

Performance of Obligations. The Each Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of such Borrower and its Subsidiaries taken as a whole.

Appears in 2 contracts

Samples: Credit Agreement (Financial Security Assurance Holdings LTD), Credit Agreement (Financial Security Assurance Holdings LTD/Ny/)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument (including, without limitation, the Documents and the Senior Note Documents) by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (General Maritime Corp/), Credit Agreement (General Maritime Corp/)

Performance of Obligations. The Borrower will, and will -------------------------- cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or not in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, condition (financial or otherwise) or prospects of the Borrower or of the Borrower and its Subsidiaries taken as a whole.

Appears in 2 contracts

Samples: Warehouse Credit Agreement (E Loan Inc), Warehouse Credit Agreement (E Loan Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its -------------------------- obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Wireless Facilities Inc), Credit Agreement (Wireless Facilities Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances perfonnances as could not, individually or not in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, condition (financial or otherwise) or, prospects of the Borrower or of the Borrower and its Subsidiaries taken as a whole.

Appears in 2 contracts

Samples: Warehouse Credit Agreement (Mortgage Com Inc), Warehouse Credit Agreement (Mortgage Com Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of the Borrower and its Subsidiaries taken as a whole.

Appears in 2 contracts

Samples: Credit Agreement (Hanger Orthopedic Group Inc), Hanger Orthopedic Group Inc

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or not in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, condition (financial or otherwise) or prospects of the Borrower or of the Borrower and its Subsidiaries taken as a whole.

Appears in 2 contracts

Samples: Credit Agreement (E Loan Inc), Warehouse Credit Agreement (Imc Mortgage Co)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument (including, without limitation, the Credit Documents and the Senior Secured Note Documents) by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (NCL CORP Ltd.), Credit Agreement (NCL CORP Ltd.)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse EffectEffect and except to the extent stayed by the Cases.

Appears in 2 contracts

Samples: Credit Agreement (Pyxus International, Inc.), Restructuring Support Agreement (Pyxus International, Inc.)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform in all material respects all of its obligations under the terms of each mortgage, indenture, security agreement and agreement, other debt instrument and material contract by which it is boundbound or to which it is a party, except where such non-performances as could not, individually or in the aggregate, reasonably be expected to nonperformance would not have a Material Materially Adverse Effect.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Carson Inc), Securities Pledge Agreement (Carson Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except such non-performances as could would not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Shuffle Master Inc), Credit Agreement (Shuffle Master Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, deed of trust, indenture, security loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could not(x) have not caused (unless same has ceased to exist in all respects) and (y) are not reasonably likely to cause, individually or in the aggregate, reasonably be expected to have a Default or Event of Default hereunder or a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (EnerSys), Credit Agreement (EnerSys)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform in all respects all of its obligations under the terms of each mortgageall agreements, indentureindentures, mortgages, security agreement and agreements or other debt instrument instruments to which it is a party or by which it is bound, except in any instance where the failure to perform such non-performances as obligations does not have and could not, individually or in the aggregate, not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Westpoint Stevens Inc), Credit Agreement (Westpoint Stevens Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, deed of trust, indenture, security loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except such non-performances as could notas, either individually or in the aggregate, would not reasonably be expected to have cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (SeaCube Container Leasing Ltd.), Credit Agreement (Seacastle Inc.)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except such non-performances as could notas, individually or and in the aggregate, have not had, and would not reasonably be expected to have have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Security Agreement (Performance Sports Group Ltd.), Credit Agreement (Bway Corp)

Performance of Obligations. The Each Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, deed of trust, indenture, security loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could notas, individually or in the aggregate, have not caused, and could not reasonably be expected to have cause, a Default or Event of Default hereunder or a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Exide Technologies), Credit Agreement (Exide Technologies)

Performance of Obligations. The Borrower will, and will cause -------------------------- each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Manitowoc Co Inc), Credit Agreement (Idt Corp)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument agreement by which it is bound, except such non-performances as could notnot reasonably be expected to, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, condition (financial or otherwise) or prospects of the Borrower and its Subsidiaries taken as a whole.

Appears in 2 contracts

Samples: Credit Agreement (Interlake Corp), Credit Agreement (Interlake Corp)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances performance as could not, not individually or in the aggregate, aggregate reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Ametek Inc/), Credit Agreement (Ametek Inc/)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries (other than a Securitization Vehicle) to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except for such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Lien Credit Agreement (Walter Investment Management Corp), First Lien Credit Agreement (Walter Investment Management Corp)

Performance of Obligations. The Borrower will, and will cause each of its Material Subsidiaries to, perform in all respects all of its obligations under the terms of each mortgage, indenture, security agreement and agreement, other debt instrument and contract by which it is bound, bound or to which it is a party except such non-performances as could not, individually or in where the aggregate, failure to do so would not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia)

Performance of Obligations. The Each Borrower will, and will cause -------------------------- each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, deed of trust, indenture, security loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (MTL Inc)

Performance of Obligations. The Borrower willshall, and will shall -------------------------- cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement agreement, debt instrument, lease, undertaking and other debt instrument contract by which it or any of its properties is boundbound or to which it is a party, except where the failure to perform such non-performances as could not, obligations individually or in the aggregate, aggregate could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Cke Restaurants Inc)

Performance of Obligations. The Each Borrower will, and will cause each of its Restricted Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and agreement, other debt instrument (including under all Material Indebtedness) and material contract by which it is bound, bound or to which it is a party except for such non-performances noncompliance as could not, individually or in the aggregate, aggregate could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Solutia Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms xxxxx of each mortgage, indenture, security agreement and other debt instrument (including, without limitation, the Documents) by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Genco Shipping & Trading LTD)

Performance of Obligations. The Borrower willshall, and will shall cause each of its Significant Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement agreement, debt instrument, lease, undertaking and other debt instrument contract by which it or any of its properties is boundbound or to which it is a party, except such non-performances as could notif the failure to so perform, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Teco Energy Inc)

Performance of Obligations. The Each Borrower will, and will cause each -------------------------- of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Workflow Management Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.. infoUSA Amended and Restated Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Infousa Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its their obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except for instances of such non-performances performance as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Ameristar Casinos Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument (including, without limitation, the Documents, the Documents (as defined in each of the Existing Credit Agreements as in effect on the date hereof) and the Senior Note Documents) by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: General Maritime Corp/

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument agreement by which it is bound, except such non-performances as could notare not reasonably likely to, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, condition (financial or otherwise) or prospects of the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Service Merchandise Co Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, not reasonably be expected to have in the aggregate a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets or condition (financial or otherwise) of the Borrower or of the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Ambac Financial Group Inc)

AutoNDA by SimpleDocs

Performance of Obligations. The Borrower will, and will cause -------------------------- each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances performance as could not, not individually or in the aggregate, aggregate reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Ametek Inc)

Performance of Obligations. The Each Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Workflow Management Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect52 material adverse effect on the performance, business, assets, nature of assets, liabilities, operations, properties, condition (financial or otherwise) or prospects of the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Reckson Services Industries Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, liabilities, financial condition or prospects of the Borrower or the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Too Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or not in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (NorthStar Real Estate Income Trust, Inc.)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except (i) where the performance of such agreements or instruments is prohibited or restricted by the Bankruptcy Code or the Bankruptcy Court or (ii) such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Trico Marine Services Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-non- performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the performance, business, assets, nature of assets, liabilities, operations, properties, condition (financial or otherwise) or prospects of Holdings and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Golden Sky Systems Inc)

Performance of Obligations. The Borrower willshall, and will shall cause each of its Subsidiaries to, perform comply with the provisions of all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument contracts or agreements to which it is a party or by which it is bound, except such non-performances as could notbound where the failure to so comply could, individually or in the aggregateaggregate with all such other failures, reasonably be expected to have a Material Adverse Effect.,

Appears in 1 contract

Samples: Credit Agreement (Credentials Services International Inc)

Performance of Obligations. The Borrower will, and will -------------------------- cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, not reasonably be expected to have in the aggregate a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets or condition (financial or otherwise) of the Borrower or of the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Ambac Financial Group Inc)

Performance of Obligations. The Borrower willshall, and will -------------------------- shall cause each of its Subsidiaries toto perform, perform to the extent necessary to avoid a Material Adverse Effect, all of its obligations under the terms of each mortgage, indenture, security agreement agreement, debt instrument, lease, undertaking and other debt instrument contract by which it or any of its properties is bound, except such non-performances as could not, individually bound or in the aggregate, reasonably be expected to have which it is a Material Adverse Effectparty.

Appears in 1 contract

Samples: Security Agreement (Synbiotics Corp)

Performance of Obligations. The Borrower will, and will cause each of its Material Subsidiaries to, perform in all respects all of its obligations under the terms of each mortgage, indenture, security agreement and agreement, other debt instrument and contract by which it is bound, bound or to which it is a party except such non-performances as could where the failure to do so would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Amerus Group Co/Ia)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Workflow Management Inc)

Performance of Obligations. The Borrower willshall, and will shall cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement agreement, debt instrument, lease, undertaking and other debt instrument contract by which it or any of its properties is boundbound or to which it is a party, except where the failure to perform 65 72 such non-performances as could not, obligations individually or in the aggregate, aggregate could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Cke Restaurants Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of the Borrower or the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Semiconductor Packaging Materials Co Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform in all material respects all of its their respective obligations under the terms of each mortgage, indenture, security agreement and agreement, other debt instrument and material contract by which it is boundbound or to which it is a party, except where such non-performances as could not, individually or in the aggregate, reasonably be expected to nonperformance would not have a Material Materially Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Wells Aluminum Corp)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Starwood Hotel & Resorts Worldwide Inc)

Performance of Obligations. The Borrower will, and the Borrower will cause each of its Subsidiaries to, perform and comply with all of its obligations under the terms of each mortgageall applicable laws and all indentures, indenture, security agreement and agreements or other debt instrument instruments to which it is a party or by which it or any of its properties is bound, except such non-performances as could not, individually or in if the aggregate, reasonably be expected failure to comply therewith will have a Material Adverse Effectmaterial adverse effect on the consolidated financial condition of the Borrower on a consolidated basis.

Appears in 1 contract

Samples: Credit Agreement (Gatx Capital Corp)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument Contractual Obligation by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Todco)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or not in the aggregate, reasonably be expected to aggregate have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of the Borrower or of the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Tracor Inc /De)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its their obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Ameristar Casinos Inc)

Performance of Obligations. The Each Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except such non-performances as could notas, individually or and in the aggregate, have not had, and would not reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Bway Corp)

Performance of Obligations. The Borrower will, and will -------------------------- cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, deed of trust, indenture, security loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (NRT Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its their obligations arising after the Effective Date under the terms of each mortgage, indenture, security material agreement and other debt instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, not be reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Hvide Marine Inc)

Performance of Obligations. The Each Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of (i) each Credit Document to which it is a party, or by which it is bound, and (ii) each mortgage, indenture, security agreement and or other debt instrument to which it is party or by which it is bound, except such non-performances as could not, individually or not in the aggregate, reasonably be expected to aggregate have a Material Adverse EffectEffect on such Borrower.

Appears in 1 contract

Samples: And Consolidated Credit Agreement (United Petroleum Corp)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform in all material respects all of its obligations under the terms of each mortgage, indenture, security agreement and agreement, other debt instrument and material contract by which it is boundbound or to which it is a party, except where such non-performances as nonperformance could not, individually or in the aggregate, not reasonably be expected to have a Material Materially Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Urohealth Systems Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, deed of trust, indenture, security loan agreement or credit agreement and each other debt instrument material agreement, contract or instrument, by which it is bound, except such non-performances as could would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Big Flower Press Holdings Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, deed of trust, indenture, security loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could notas, either individually or in the aggregate, have not caused, and could not reasonably be expected to have cause, a Default or an Event of Default hereunder or a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Davis-Standard CORP)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, lease, contract or instrument by which it is bound, except such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Magellan Health Services Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt material agreement, contract or instrument by which it is bound, except such non-performances as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, liabilities or condition (financial or otherwise) of the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Scot Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement and other debt instrument by which it is bound, except such non-performances as could would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property, assets, liabilities, prospects or condition (financial or otherwise) of the Borrower or of the Borrower and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Radian Group Inc)

Performance of Obligations. The Borrower will, and will cause each of its Subsidiaries to, perform in all material respects all of its obligations under the terms of each mortgageall material agreements, indentureindentures, mortgages, security agreement and agreements or other debt instrument instruments to which it is a party or by which it is bound, except unless such non-performances as failure to perform could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Apria Healthcare Group Inc)

Performance of Obligations. The Borrower will, and will if applicable cause each of its Subsidiaries to, perform in all material respects all of its obligations under the terms of each mortgage, indenture, security agreement and agreement, other debt instrument and material contract by which it is boundbound or to which it is a party, except where such non-performances as nonperformance could not, individually or in the aggregate, not reasonably be expected to have a Material Materially Adverse Effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Leading Edge Earth Products Inc)

Performance of Obligations. The Borrower will, and will cause each of its Restricted Subsidiaries to, perform all of its obligations under the terms of each mortgage, indenture, security agreement, loan agreement or credit agreement and each other debt agreement, contract or instrument by which it is bound, except such non-performances as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Lattice Semiconductor Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.