Common use of Absence of Breach Clause in Contracts

Absence of Breach. No event shall have occurred that, with the giving of notice or the passage of time or both, would (i) constitute a default or breach by any party (provided, however, that with respect to any Purchaser, absence of a default or breach by that Purchaser shall not constitute a condition to perform for such Purchaser) of its covenants and agreements under the Transaction Documents, or (ii) allow the exercise of the Optional Redemption Right under (and as defined in) the Series E Preferred Articles Supplementary.

Absence of Breach. No event shall have occurred that, with the giving of notice or the passage of time or both, would (i) constitute a default or breach by any party (provided, however, that with respect to any Purchaser, absence of a default or breach by that Purchaser shall not constitute a condition to perform for such Purchaser) of its covenants and agreements under the Transaction Documents, or (ii) allow the exercise of the Optional Redemption Right under (and as defined in) the Series E D Preferred Articles Supplementary.

Absence of Breach. No event shall have occurred that, with the giving of notice or the passage of time or both, would (i) constitute a default or breach by any party (provided, however, that with respect to any Purchaser, absence of a default or breach by that other than the Purchaser shall not constitute a condition to perform for such Purchaserand its Affiliates) of its covenants and agreements under the Transaction Documents, or (ii) allow the exercise of the Optional Redemption Right under (and as defined in) the Series E A Preferred Articles Supplementary or the Series B Preferred Articles Supplementary.

Absence of Breach. No event shall have occurred that, with the giving of notice or the passage of time or both, would (i) constitute a default or breach by any party (provided, however, that with respect to any Purchaser, absence of a default or breach by that Purchaser shall not constitute a condition to perform for such Purchaserother than the Purchasers and their respective Affiliates) of its covenants and agreements under the Transaction Documents, or (ii) allow the exercise of the Optional Redemption Right under (and as defined in) the Series E A Preferred Articles Supplementary or the Series B Preferred Articles Supplementary.