Common use of Absence of Default, Etc Clause in Contracts

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.

Appears in 2 contracts

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

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Absence of Default, Etc. The Borrower and each other Obligor its Subsidiaries are in compliance in all respects with all of the provisions of their respective Organic DocumentsCertificates or Articles of Incorporation, By-Laws and Partnership Agreements, and no event has occurred or failed to occur (including including, without limitation, any matter that 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) a an Event of 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, its Subsidiaries under any indenture, agreement or other instrument relating to Indebtedness of the Borrower or any other Obligorof its Subsidiaries in the amount of $1,000,000.00 or more, any License, 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 of its Subsidiaries is a party or by which the Borrower or any other Obligor of its Subsidiaries or any of their respective properties may be bound or affected. Neither the Borrower nor any other Obligor of its Subsidiaries is a party to, to or bound by, by any contract or agreement continuing after the Effective Agreement Date, or is bound by any Applicable Law, the performance of which or the compliance with which, as applicable, that could have a Materially Adverse Effect or result in the loss of any License issued by the FCC.

Appears in 1 contract

Samples: Vanguard Cellular Systems Inc

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Absence of Default, Etc. The Borrower and each other Obligor its Subsidiaries are in compliance in all respects with all of the provisions of their respective Organic DocumentsCertificates or Articles of Incorporation, By-Laws and Partnership Agreements, and no event has occurred or failed to occur (including including, without limitation, any matter that 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) a an Event of 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, its Subsidiaries under any indenture, agreement or other instrument relating to Indebtedness of the Borrower or any other Obligorof its Subsidiaries in the amount of $ 1,000,000.00 or more, any License, 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 of its Subsidiaries is a party or by which the Borrower or any other Obligor of its Subsidiaries or any of their respective properties may be bound or affected. Neither the Borrower nor any other Obligor of its Subsidiaries is a party to, to or bound by, by any contract or agreement continuing after the Effective Agreement Date, or is bound by any Applicable Law, the performance of which or the compliance with which, as applicable, that could have a Materially Adverse Effect or result in the loss of any License issued by the FCC.

Appears in 1 contract

Samples: Loan Agreement (Vanguard Cellular Systems Inc)

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