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

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities nor any of their respective Subsidiaries is (A) in violation of its respective Organizational Documents; (B) 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, contract, note, 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; or (C) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except in the case of clauses (B) and (C) above, for any such default or violation that would not, individually or in the aggregate, have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities Company nor any of their respective its Subsidiaries is (Ai) in violation of its respective Organizational Documents; certificate of formation, limited liability company agreement, limited partnership agreement, charter, by-laws or similar organizational documents, (Bii) 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, contract, note, 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; , or (Ciii) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except except, in the case of clauses (Bii) and (Ciii) above, for any such default or violation that would not, individually or in the aggregate, not reasonably be expected to have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities Company nor any of their respective Subsidiaries its subsidiaries is (Ai) in violation of its respective Organizational Documentscharter or by-laws or similar organizational documents; (Bii) 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, contract, note, 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; or (Ciii) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except in the case of clauses (Bii) and (Ciii) above, for any such default defaults or violation that would not, individually or in the aggregate, have result in a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities nor any of their respective Subsidiaries is (A) in violation of its respective Organizational Documents; (B) 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, contract, note, 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; or (C) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except in the case of clauses (B) and (C) above, for any such default or violation that would not, individually or in the aggregate, have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities Company nor any of their respective Subsidiaries its subsidiaries is (Ai) in violation of its respective Organizational Documentscharter or by-laws or similar organizational documents; (Bii) 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, contract, note, 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; or (Ciii) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except in the case of clauses (Bii) and (Ciii) above, for any such default or violation defaults that would not, individually or in the aggregate, have result in a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities Company nor any of their respective Subsidiaries its subsidiaries is (A) in violation of its respective Organizational Documents; (B1) charter or by-laws (or similar organizational documents) or (2) in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant covenant, condition or condition term contained in any indenture, loan, contract, note, loan agreement, mortgage, deed of trust, 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 or assets of any of them is subject; , or (C3) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except except, in the case of clauses (B2) and (C3) above, for any such default or violation that would notthat, individually or in the aggregate, would not have a Material Adverse Effect and would not result in a prospective Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities Company nor any of their respective Subsidiaries its subsidiaries is (Ai) in violation of its respective Organizational Documentscharter or by-laws or similar organizational document; (Bii) 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, contract, note, 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; or (Ciii) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except in the case of clauses (Bii) and (Ciii) above, for any such default or violation that would not, individually or in the aggregate, have reasonably be expected to result in a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither None of the Transaction Entities nor any of Issuers, the Guarantors or their respective Subsidiaries subsidiaries is (Ai) in violation of its respective Organizational Documents; charter, by-laws or operating agreement; (Bii) 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, contract, note, 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; subject; or (Ciii) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except in the case of clauses (Bii) and (Ciii) above, for any such default defaults or violation violations that would not, individually or in the aggregate, have result in a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities Company nor any of their respective Subsidiaries its subsidiaries is (A) in violation of its respective Organizational Documentscharter or by-laws or similar organizational documents; (B) in default (or default, and no event has occurred that, with the giving of notice or lapse of time or both, would be constitute such a default, in default) under the due performance or observance of any existing obligation, agreementterm, covenant or condition contained in any indenture, loan, contract, note, agreement, mortgage, lease deed of trust, loan agreement or other agreement or instrument to which any of them it is a party or by which any of them it is bound or to which any of the its properties of any of them or assets is subject; or (C) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except in the case of clauses clause (B) and or (C) above, for any such default or violation that would not, individually or in the aggregate, have a Material Adverse Effect.;

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities Company nor any of their respective Subsidiaries its subsidiaries is (A) in violation of its respective Organizational Documents; (B1) charter or by-laws (or similar organizational documents) or (2) in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant covenant, condition or condition term contained in any indenture, loan, contract, note, loan agreement, mortgage, deed of trust, 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 or assets of any of them is subject; , or (C3) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except except, in the case of clauses (B2) and (C3) above, for any such default or violation that does not have and would notnot reasonably be expected to have, individually or in the aggregate, have a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities Company nor any of their respective its Significant Subsidiaries is (Ai) in violation of its respective Organizational Documentscharter or by-laws or similar organizational document; (Bii) 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, contract, note, 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; or (Ciii) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except in the case of clauses (Bii) and (Ciii) above, for any such default defaults or violation that would not, individually or in the aggregate, have result in a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither None of the Transaction Entities nor any of Issuers, the Guarantors or their respective Subsidiaries subsidiaries is (Ai) in violation of its respective Organizational Documentscharter, by-laws or operating agreement; (Bii) 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, contract, note, 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; or (Ciii) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except in the case of clauses (Bii) and (Ciii) above, for any such default defaults or violation violations that would not, individually or in the aggregate, have result in a Material Adverse Effect.

Absence of Existing Defaults and Conflicts. Neither of the Transaction Entities Company nor any of their respective Subsidiaries its subsidiaries is (Ai) in violation of its respective Organizational Documentscharter, notice of articles, articles or by-laws or similar organizational documents; (Bii) 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, contract, note, 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; or (Ciii) in violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except in the case of clauses (Bii) and (Ciii) above, for any such default defaults or violation that would not, individually or in the aggregate, have reasonably be expected to result in a Material Adverse Effect.