Common use of Absence of Existing Defaults and Conflicts Clause in Contracts

Absence of Existing Defaults and Conflicts. Neither the Company nor any of its Subsidiaries is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement or by-laws (or similar organizational or governing documents) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Underwriting Agreement (Brigham Minerals, Inc.), Underwriting Agreement (Brigham Minerals, Inc.), Underwriting Agreement (Brigham Minerals, Inc.)

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Absence of Existing Defaults and Conflicts. Neither the Company nor any of its Subsidiaries subsidiaries or Affiliated Entities is in violation of its respective charter, by-laws, certificate of formation, certificate of limited partnership, limited liability company agreement or similar document or agreement, limited partnership agreement or by-laws (or similar organizational or governing documents) as applicable, or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Underwriting Agreement (IPC the Hospitalist Company, Inc.), Underwriting Agreement (IPC the Hospitalist Company, Inc.), Underwriting Agreement (IPC the Hospitalist Company, Inc.)

Absence of Existing Defaults and Conflicts. Neither the Company nor any of its Material Subsidiaries is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws (nor is the Company or similar organizational or governing documents) or any of its subsidiaries in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (Qimonda AG), Underwriting Agreement (Qimonda AG)

Absence of Existing Defaults and Conflicts. Neither None of the Company nor any of or its Subsidiaries (a) is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws bylaws (or similar organizational or governing any equivalent documents) or (b) after giving effect to the Exchange and the transactions contemplated thereby, will be in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Exchange Agreement (Teligent, Inc.), Exchange Agreement (Teligent, Inc.)

Absence of Existing Defaults and Conflicts. (A) Neither the Company nor any of its Significant Subsidiaries is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws (or similar organizational or governing documents) or and (B) neither the Company nor any of its subsidiaries is in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Underwriting Agreement (STR Holdings, Inc.), Underwriting Agreement (STR Holdings (New) LLC)

Absence of Existing Defaults and Conflicts. Neither None of the Company nor any of or its Subsidiaries (a) is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws (or similar organizational or governing any equivalent documents) or (b) after giving effect to the Exchange and the Concurrent Offering and the transactions contemplated thereby, will be in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Exchange Agreement (Teligent, Inc.), Exchange Agreement (Teligent, Inc.)

Absence of Existing Defaults and Conflicts. Neither None of the Company nor any of or its Significant Subsidiaries is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement or by-laws (or similar organizational or governing documents) document or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, obligation agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Pilgrims Pride Corp)

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Absence of Existing Defaults and Conflicts. Neither the Company nor any of its Significant Subsidiaries is (i) in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws or (or similar organizational or governing documentsii) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except except, in the case of clause (ii), for such defaults that would notas, individually or in the aggregate, would not have, and would not reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Green Brick Partners, Inc.)

Absence of Existing Defaults and Conflicts. Neither None of the Company nor any of or its Subsidiaries is (i) in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws (or similar organizational or governing any equivalent documents) or (ii) in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Form of Exchange Agreement (Teligent, Inc.)

Absence of Existing Defaults and Conflicts. Neither None of the Company nor any of or its Subsidiaries (i) is in violation of its respective charter, certificate of formation, certificate of limited partnership, limited liability company agreement, limited partnership agreement charter or by-laws (or similar organizational or governing any equivalent documents) or (ii) after giving effect to the Exchange and the transactions contemplated herein, will be in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Silverback Confidentiality Agreement (Teligent, Inc.)

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