Common use of Absence of Default, Etc Clause in Contracts

Absence of Default, Etc. The Borrower and its Restricted Subsidiaries are in compliance in all material respects with all of the provisions of their respective partnership agreements, operating agreements, certificates or articles of incorporation and by-laws (or the equivalents thereof), 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 $80,000,000 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 Restricted Subsidiaries are in compliance in all material respects with all of the provisions of their respective partnership agreements, operating agreements, certificates Certificates or articles Articles of incorporation Incorporation and byBy-laws (or the equivalents thereof)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 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 $80,000,000 1,000,000 or more in the aggregate, any material licenseLicense, 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 Restricted Subsidiaries are in material compliance in all material respects with all of the provisions of their respective partnership agreements, operating agreements, certificates or articles of incorporation and by-laws (or the equivalents thereof)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 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 $80,000,000 1,000,000.00 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 Restricted Subsidiaries are in compliance in all material respects with all of the provisions of their respective partnership agreements, operating agreements, certificates or articles of incorporation and by-laws (or the equivalents thereof), 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 $80,000,000 20,000,000 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 the Restricted ------------------------ Subsidiaries are in compliance in all material respects with all of the provisions of their respective partnership agreements, operating agreements, certificates Certificates or articles Articles of incorporation Incorporation and byBy-laws (or the equivalents thereof)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 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 either Borrower or any of its Restricted Subsidiaries Subsidiary under any indenture, agreement or other instrument relating to Indebtedness of the Borrower or any of its Restricted Subsidiaries such Person in the amount of $80,000,000 1,000,000 or more in the aggregate, any material licenseLicense, or any judgment, decree or order to which the either Borrower or any of its Restricted Subsidiaries Subsidiary is a party or by which the either Borrower or any Restricted Subsidiary or any of its Restricted Subsidiaries or any of their respective properties may be bound or affected.

Absence of Default, Etc. The Parent, the Borrower and its Restricted Subsidiaries are in material compliance in all material respects with all of the provisions of their respective partnership agreements, operating agreements, certificates Certificates or articles Articles of incorporation Incorporation and byBy-laws (Laws or the equivalents thereof)Certificate of Formation, 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 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 Parent, the Borrower or any of its Restricted Subsidiaries under any indenture, agreement or other instrument relating to Indebtedness of the Parent, the Borrower or any of its Restricted Subsidiaries in the amount of $80,000,000 1,000,000 or more in the aggregate, any material license, or any judgment, decree or order to which the Parent, the Borrower or any of its Restricted Subsidiaries is a party or by which the Parent, 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 Restricted Subsidiaries are in material compliance in all material respects with all of the provisions of their respective partnership agreements, operating agreements, certificates or articles of incorporation and by-laws (or the equivalents thereof)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 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 $80,000,000 1,000,000.00 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 Restricted Subsidiaries are in compliance in all material respects with all of the provisions of their respective partnership agreements, operating agreements, certificates or articles of incorporation and by-laws (or the equivalents thereof), 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 $80,000,000 40,000,000 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 each Restricted Subsidiaries ------------------------ Subsidiary are in compliance in all material respects with all of the provisions of their respective partnership agreements, operating agreements, certificates Certificates or articles Articles of incorporation Incorporation and byBy-laws (or the equivalents thereof)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 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 Subsidiary under any indenture, agreement or other instrument relating to Indebtedness of the Borrower or any of its Restricted Subsidiaries Subsidiary in the amount of $80,000,000 1,000,000 or more in the aggregate, any material licenseLicense, or any judgment, decree or order to which the Borrower or any of its Restricted Subsidiaries Subsidiary is a party or by which the Borrower or any of its Restricted Subsidiaries Subsidiary or any of their respective properties may be bound or affected.

Absence of Default, Etc. The Parent, the Borrower and its Restricted Subsidiaries Subsidiaries, are in compliance in all material respects with all of the provisions of their respective bylaws and/or partnership agreements, agreements and/or operating agreements, certificates or articles of incorporation and by-laws (or the equivalents thereof)and other organizational documents, as the case may be, and no . No event has occurred or failed to occur (including, without limitation, any matter which could create a Default hereunder by cross 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 Parent, the Borrower or any of its Restricted Subsidiaries under any indenture, agreement or other instrument relating to Indebtedness of the Parent, the Borrower or any of its Restricted Subsidiaries in the amount of $80,000,000 1,000,000 or more in the aggregate, any material license, or any material judgment, decree or order to which the Parent, the Borrower or any of its Restricted Subsidiaries is a party or by which the Parent, 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 Restricted Subsidiaries are in material compliance in all material respects with all of the provisions of their respective partnership agreements, operating agreements, certificates or articles of incorporation and by-laws (or the equivalents thereof), 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 $80,000,000 5,000,000 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.