Absence of Default, Etc. The Borrower and its Restricted Subsidiaries are in compliance in all respects with all of the provisions of their respective partnership agreements, Certificates or Articles of Incorporation and By-Laws, as the case may be, and no event has occurred or failed to occur (including, without limitation, any matter which could create a Default hereunder by cross-default) which has not been remedied or waived, the occurrence or non-occurrence of which constitutes, (i) a Default or (ii) a material default by the Borrower or any of its Restricted Subsidiaries under any indenture, agreement or other instrument relating to Indebtedness of the Borrower or any of its Restricted Subsidiaries in the amount of $1,000,000 or more in the aggregate, any material License, or any judgment, decree or order to which the Borrower or any of its Restricted Subsidiaries is a party or by which the Borrower or any of its Restricted Subsidiaries or any of their respective properties may be bound or affected.
Absence of Default, Etc. The Borrower and its Subsidiaries are in compliance in all respects with all of the provisions of their respective partnership agreements, Certificates or Articles of Incorporation and By-Laws, as the case may be, and no event has occurred or failed to occur (including, without limitation, any matter which could create a Default hereunder by cross-default) which has not been remedied or waived, the occurrence or non-occurrence of which constitutes, (i) a Default or (ii) a material default by the Borrower or any of its Subsidiaries, or an event or condition giving rise to any put right or other prepayment right of any holder of Indebtedness, under any indenture, agreement or other instrument relating to Indebtedness of the Borrower or any of its Subsidiaries (other than as set forth on Schedule 6 attached hereto), or a default under any License (which Default could reasonably be expected to result in an Event of Default under Section 8.1(m) hereof), or a default under any judgment, decree or order to which the Borrower or any of its Subsidiaries is a party or by which the Borrower or any of its Subsidiaries or any of their respective properties may be bound or affected. Neither the Borrower nor any of its Subsidiaries is a party to or bound by any contract or agreement continuing after the Agreement Date, or bound by any Applicable Law, the performance of which or the compliance with which, as applicable, could have a Materially Adverse Effect or result in the loss of any License issued by the FCC.
Absence of Default, Etc. The Borrower and each other Obligor are in compliance in all respects with all of the provisions of their respective Organic Documents, and no event has occurred or failed to occur (including any matter that could create a Default hereunder by cross-default) which has not been remedied or waived, which constitutes, (i) a Default or (ii) a material default by the Borrower or any other Obligor, or an event or condition giving rise to any put right or other prepayment right of any holder of Indebtedness, under any indenture, agreement or other instrument relating to Indebtedness of the Borrower or any other Obligor, or a default under any License (which Default could reasonably be expected to result in an Event of Default under Section 8.1.5 hereof), or a default under any judgment, decree or order to which the Borrower or any other Obligor is a party or by which the Borrower or any other Obligor or any of their respective properties may be bound or affected. Neither the Borrower nor any other Obligor is a party to, or bound by, any contract or agreement continuing after the Effective Date, or bound by any Applicable Law, the performance of which or the compliance with which, as applicable, could have a Materially Adverse Effect or result in the loss of any License issued by the FCC.
Absence of Default, Etc. The Company is in compliance with all the provisions of its Certificate of Incorporation and Bylaws, and no event has occurred or failed to occur, which has not been remedied or waived, the occurrence or non-occurrence of which constitutes, or which with the passage of time or giving of notice or both would constitute a default or breach by the Company under any indenture, agreement, credit facility or other instrument (collectively, the "COMPANY AGREEMENTS") or under any judgment, decree or order to which the Company or any of its Subsidiaries is a party or by which the Company or any of its Subsidiaries or their properties may be bound or affected, except any such default or breach which would not be reasonably likely to have a Materially Adverse Effect. All Company Agreements are in full force and effect, and the Company has no knowledge that any party to any Company Agreement is seeking or presently intends to seek to (i) terminate, amend or modify such Company Agreement or (ii) upon expiration of such Company Agreement, not renew such Company Agreement on terms substantially similar to those currently contained in such Company Agreement.
Absence of Default, Etc. Holdco, Parent, EnergySolutions and all of their Subsidiaries are in compliance in all respects with all of the provisions of their respective certificates or articles of organization or incorporation and by-laws, operating agreement or partnership agreements, as the case may be, and no event has occurred or failed to occur (including, without limitation, any matter which could create a Default hereunder by cross-default) which has not been remedied or waived, the occurrence or non-occurrence of which constitutes, or with the passage of time or giving of notice or both would constitute, (i) an Event of Default or (ii) a material default by Holdco, Parent, EnergySolutions or any of their Subsidiaries under any material agreement or other instrument relating to Indebtedness of Holdco, Parent, EnergySolutions or any of their Subsidiaries in the amount of $5,000,000 or more, any of the Necessary Authorization, or any judgment, decree or order in the amount of $5,000,000 or more to which Holdco, Parent, EnergySolutions or any of their Subsidiaries is a party or by which Holdco, Parent, EnergySolutions or any of their Subsidiaries or any of their respective properties may be bound or affected. None of Holdco, Parent, EnergySolutions or any of their Subsidiaries is a party to or bound by any contract or agreement continuing after the Second Amendment Effective Date, or bound by any Applicable Law, that could have a Material Adverse Change or result in the loss of any License.
Absence of Default, Etc. The Company is in compliance with all the provisions of its Certificate of Incorporation and bylaws, and, except as set forth in ANNEX 6(j), no event has occurred or failed to occur, which has not been remedied or waived, the occurrence or non-occurrence of which constitutes, or which with the passage of time or giving of notice or both would constitute a material default by the Company under any material indenture, agreement or other instrument (a "MATERIAL AGREEMENT"), including any License or any judgment, decree or order to which the Company or any of its Subsidiaries is a party or by which the Company or any of its Subsidiaries or their properties may be bound or affected. All Material Agreements are in full force and effect, and the Company has no knowledge that any party to any Material Agreement is seeking or presently intends to seek to terminate, amend or modify such Material Agreement.
Absence of Default, Etc. The Company and its Subsidiaries are in compliance in all respects with all of the provisions of their respective partnership agreements, certificates or articles of incorporation and by-laws, as the case may be, and no event has occurred or failed to occur which has not been remedied or waived, the occurrence or non-occurrence of which constitutes a material default by the Company or any of its Subsidiaries under any indenture, agreement or other instrument relating to Indebtedness of the Company or any of its Subsidiaries in the amount of $1,000,000 or more in the aggregate, any License, or any judgment, decree or order to which the Company or any of its Subsidiaries is a party or by which the Company or any of its Subsidiaries or any of their respective properties may be bound or affected. Neither the Company nor any of its Subsidiaries is a party to or bound by any contract or agreement continuing after the Closing Date, where the compliance therewith or the performance thereof would reasonably be expected to have a Material Adverse Effect or result in the loss of any License issued by the FCC.
Absence of Default, Etc. Neither the Borrower nor any of its Subsidiaries is subject to, or a party to, any charter or by-law restriction, any Applicable Law, any Claim, any contract or instrument, a Lien or any other restriction of any kind or character which would prevent the consummation of the transactions contemplated by this Agreement or compliance by the Borrower or such Subsidiary with the terms, conditions and provisions hereof or of any Loan Document to which it is a party or the continued operation of the business on or after the date hereof on substantially the same basis as operated to the date hereof in each case. Neither the Borrower nor any of its Subsidiaries is a party to or bound by any contract or agreement continuing after the Restatement Date, or bound by any Applicable Law, the performance of which or the compliance with which, as applicable, could have a Materially Adverse Effect or result in the loss of any License.
Absence of Default, Etc. No Lease Default or Lease Event of Default has occurred and is continuing. No Lease Default or Lease Event of Default will occur as a result of, or after giving effect to, the funding of the advances under the Notes requested by the Funding Notice on such date.
