Common use of Absence of Defaults Clause in Contracts

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 21 contracts

Samples: Credit Agreement (Pool Corp), Credit Agreement (Pool Corp), Credit Agreement (O Charleys Inc)

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Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective its properties may be bound or (to the extent the making of such payment is prohibited hereunder) which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 18 contracts

Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC)

Absence of Defaults. No event has occurred or and is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof under any Material Contract or material judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 6 contracts

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

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the any Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the such Borrower or its Subsidiaries is a party or by which the such Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the such Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 4 contracts

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

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the any Borrower or any Subsidiary thereof under any Material Contract contract or judgment, decree or order to which the any Borrower or its Subsidiaries any Subsidiary is a party or by which the any Borrower or its Subsidiaries any Subsidiary or any of their respective properties may be bound or which would require the any Borrower or its Subsidiaries any Subsidiary to make any payment thereunder prior to the scheduled maturity date therefortherefor which would have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Tessco Technologies Inc), Credit Agreement (Tessco Technologies Inc), Credit Agreement (Tessco Technologies Inc)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the any Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the any Borrower or its Subsidiaries any Subsidiary thereof is a party or by which the any Borrower or its Subsidiaries any Subsidiary thereof or any of their respective properties may be bound or which would require the any Borrower or its Subsidiaries any Subsidiary thereof to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 3 contracts

Samples: Credit Agreement (Cornerstone Realty Income Trust Inc), Credit Agreement (Cornerstone Realty Income Trust Inc), Credit Agreement (Cornerstone Realty Income Trust Inc)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the any Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the any Borrower or its Subsidiaries any Subsidiary is a party or by which the any Borrower or its Subsidiaries any Subsidiary or any of their respective properties may be bound or which would require the any Borrower or its Subsidiaries any Subsidiary to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 2 contracts

Samples: Credit Agreement (JLG Industries Inc), Working Capital Credit Agreement (JLG Industries Inc)

Absence of Defaults. No event has occurred or and is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower ACC or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower ACC or its Subsidiaries is are a party or by which the Borrower ACC or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower ACC or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 2 contracts

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

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which involving an amount owed by the Borrower or its Subsidiaries is a party or Subsidiary in excess of $10,000,000 by which the Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 2 contracts

Samples: Credit Agreement (Darden Restaurants Inc), Credit Agreement (Darden Restaurants Inc)

Absence of Defaults. No event has occurred or and is continuing which ------------------- constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower Parent or any Subsidiary thereof under any Material Contract or material judgment, decree or order to which the Borrower Parent or its Subsidiaries is a party or by which the Borrower Parent or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower Parent or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 2 contracts

Samples: Credit Agreement (Markel Corp), Credit Agreement (Markel Holdings Inc)

Absence of Defaults. No event has occurred or and is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 2 contracts

Samples: Credit Agreement (Globalstar, Inc.), Credit Agreement (Globalstar, Inc.)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower Borrowers or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower Borrowers or its their Subsidiaries is are a party or by which the Borrower Borrowers or its their Subsidiaries or any of their respective properties may be bound or which would require the Borrower the. Borrowers or its their Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 2 contracts

Samples: Credit Agreement (Tekelec), Credit Agreement (Tekelec)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof under any Material Contract or 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 which would require the Borrower or any of its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 2 contracts

Samples: Credit Agreement (Roanoke Electric Steel Corp), Credit Agreement (Roanoke Electric Steel Corp)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Restricted Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 2 contracts

Samples: Credit Agreement (Wackenhut Corrections Corp), Credit Agreement (Wackenhut Corrections Corp)

Absence of Defaults. No event has occurred or and is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower any Credit Party or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower any Credit Party or its Subsidiaries is a party or by which the Borrower any Credit Party or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower any Credit Party or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 2 contracts

Samples: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower Borrowers or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower Borrowers or its their respective Subsidiaries is a party or by which the Borrower Borrowers or its their respective Subsidiaries or any of their respective properties may be bound or which would require the Borrower Borrowers or its their respective Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (Imagemax Inc)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default. Other than matters that could not reasonably be expected to have a Material Adverse Effect, or no event has occurred which constitutes, or which with the passage of time or giving of notice or both would constitute, constitutes a default or event of default by the Borrower Borrowers or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (Rural Metro of Ohio Inc)

Absence of Defaults. No event has occurred or is continuing which ------------------- constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement Credit Agreement (Edutrek Int Inc)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower Borrowers or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower Borrowers or its their Subsidiaries is a party or by which the Borrower Borrowers or its their Subsidiaries or any of their respective properties may be bound or which would require the Borrower Borrowers or its their Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD)

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Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower Company or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower Company or its Subsidiaries is a party or by which the Borrower Company or its Subsidiaries or any of their respective properties may be bound bound, which could reasonably be expected to have a Material Adverse Effect or which would require the Borrower Company or any of its Subsidiaries to make any payment thereunder in excess of $1,000,000 prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Stock Subscription Agreement (Insignia Financial Group Inc /De/)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a material default or event of default by the Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (Medcath Inc)

Absence of Defaults. No event has occurred or is continuing which ------------------- constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower Company or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower Company or its Subsidiaries is a party or by which the Borrower Company or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower Company or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (Choice One Communications Inc)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower any Credit Party or any Subsidiary thereof under any Material Contract or material judgment, decree or order to which the Borrower any Credit Party or its Subsidiaries is a party or by which the Borrower any Credit Party or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower any Credit Party or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (PRA International)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (Radyne Corp)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof its Subsidiaries under any Material Contract or judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (Corestaff Inc)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower any Credit Party or any Subsidiary thereof of the Borrower under any Material Contract or judgment, decree or order to which the Borrower such Credit Party or its Subsidiaries such Subsidiary is a party or by which the Borrower such Credit Party or its Subsidiaries such Subsidiary or any of their respective properties may be bound or which would require the Borrower such Credit Party or its Subsidiaries such Subsidiary to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Loan Agreement (Sirrom Investments Inc)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof under any Material Contract or judgment, decree or order to which the Borrower or its Subsidiaries is a party or by which the Borrower or its Subsidiaries or any of their respective properties may be is bound or which would require the Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefortherefore, except as could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Cross Country Healthcare Inc)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage passing of time or giving of notice or both would constitute, a default or event of default by the Borrower or any Subsidiary thereof Borrowers and their Subsidiaries under any Material Contract or a violation of any judgment, decree or order to which the any Borrower or its Subsidiaries Subsidiary is a party or by which the Borrower or its Subsidiaries Borrowers, their Subsidiaries, or any of their respective properties may be bound or which would require the Borrower Borrowers or its their Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (Condor Technology Solutions Inc)

Absence of Defaults. No event has occurred or and is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the Borrower such Credit Party or any Subsidiary thereof under any Material Contract or material judgment, decree or order to which the Borrower such Credit Party or its Subsidiaries is a party or by which the Borrower such Credit Party or its Subsidiaries or any of their respective properties may be bound or which would require the Borrower such Credit Party or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (Markel Corp)

Absence of Defaults. No event has occurred or is continuing which constitutes a Default or an Event of Default, or which constitutes, or which with the passage of time or giving of notice or both would constitute, a default or event of default by the any Borrower or any 50 Subsidiary thereof under any Material Contract or judgment, decree or order to which the such Borrower or its Subsidiaries is a party or by which the such Borrower or its Subsidiaries or any of their respective properties may be bound or which would require the such Borrower or its Subsidiaries to make any payment thereunder prior to the scheduled maturity date therefor.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

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