Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws, limited partnership agreement, limited liability company agreement or similar organizational 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 reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 4 contracts
Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is in violation of its respective charter, by-laws, limited partnership agreement, limited liability company agreement laws or similar other organizational documents, as applicablethe case may be, 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 reasonably be expected toexpected, individually or in the aggregate, to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Atwood Oceanics Inc), Underwriting Agreement (Atwood Oceanics Inc), Underwriting Agreement (Atwood Oceanics Inc)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is (i) in violation of its charter, respective charter or by-laws, limited partnership agreement, limited liability company agreement laws or similar organizational documents, as applicable, 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 except, for the purposes of clause (ii), such defaults that would not reasonably be expected tonot, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Rocket Fuel Inc.), Underwriting Agreement (Rocket Fuel Inc.), Underwriting Agreement (Rocket Fuel Inc.)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is (i) in violation of its charter, respective charter or by-laws, limited partnership agreement, limited liability company agreement laws or similar organizational documents, as applicable, 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 except, for the purposes of clause (ii), for such defaults that would not reasonably be expected tonot, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Realpage Inc), Underwriting Agreement (Realpage Inc), Underwriting Agreement (Realpage Inc)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is (i) in violation of its charter, respective charter or by-laws, limited partnership agreement, limited liability company agreement laws or similar organizational documents, as applicable, 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 except, for the purpose of clause (ii), for such defaults that would not reasonably be expected tonot, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Netsuite Inc), Underwriting Agreement (Netsuite Inc)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is (A) in violation of its charter, respective charter or by-laws, limited partnership agreement, limited liability company agreement laws or similar organizational documents, as applicable, or (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 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 this clause (B), such defaults that would not reasonably be expected tonot, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Global Geophysical Services Inc), Underwriting Agreement (Global Geophysical Services Inc)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is in violation of its respective charter, by-laws, limited partnership agreement, limited liability company agreement laws or similar other organizational documents, as applicablethe case may be, 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 reasonably be expected toexpected, individually or in the aggregate, result in to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Key Energy Services Inc), Purchase Agreement (Key Energy Services Inc)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries Subsidiaries is in violation of its charter, respective charter or by-laws, limited partnership agreement, limited liability company agreement laws (or similar organizational 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 do not have and would not reasonably be expected toto have, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Deltek, Inc), Underwriting Agreement (Deltek, Inc)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries Subsidiaries is in violation of its respective charter, by-lawsbylaws, limited partnership operating agreement, limited liability company partnership agreement or similar organizational documents, as applicable, governing documents or agreements 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 violations or defaults that would not reasonably be expected tonot, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Worthington Industries Inc), Underwriting Agreement (Worthington Industries Inc)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is in violation of its charter, by-laws, limited partnership agreement, limited liability company agreement or similar organizational 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 reasonably be expected to, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries Subsidiaries is in violation of its respective charter, certificate of formation, operating agreement or by-laws, limited partnership agreement, limited liability company agreement laws (or similar organizational 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 violations or defaults that would not reasonably be expected tonot, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Ranger Energy Services, Inc.), Underwriting Agreement (Ranger Energy Services, Inc.)
Absence of Existing Defaults and Conflicts. Neither None of the Company nor Company, any of its subsidiaries or any of the Target Entities is (i) in violation of its charter, respective charter or by-laws, limited partnership agreement, limited liability company agreement laws or similar organizational documents, as applicable, 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 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 is subject, except such defaults that as would not reasonably be expected tonot, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Absence of Existing Defaults and Conflicts. Neither None of the Company nor or any of its subsidiaries or, to the knowledge of the Company, the Target Company or any of its subsidiaries, is in violation of its charter, by-laws, limited partnership agreement, limited liability company agreement respective charter or similar organizational documents, as applicable, bylaws 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 reasonably be expected to, individually or in the aggregate, result in aggregate have a Material Adverse Effect.
Appears in 1 contract
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is in violation of its respective charter, by-laws, limited partnership agreement, limited liability company agreement laws or similar organizational documents, as applicable, other constitutive 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 as are described in the General Disclosure Package or that would not reasonably be expected tonot, individually or in the aggregate, be reasonably expected to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Aei)
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is in violation of its respective charter, by-lawsarticles of association, limited partnership agreement, limited liability company agreement bylaws or similar other organizational 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 reasonably be expected tonot, individually or in the aggregate, result in reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Absence of Existing Defaults and Conflicts. Neither the Company nor any of its subsidiaries is (i) in violation of its charter, respective charter or by-laws, limited partnership agreement, limited liability company agreement laws or similar organizational documents, as applicable, 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 except, for the purposes of clause (ii) such defaults that would not reasonably be expected tonot, individually or in the aggregate, result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Synchronoss Technologies Inc)