Additional Adverse Facts. Except for facts and ------------------------ circumstances disclosed on Schedule 3.4 or Schedule 3.7 or in the notes to the ------------ ------------ financial statements referred to in Section 5.2(a), no fact or circumstance is known to the Borrower, as of the Agreement Date, that, either alone or in conjunction with all other such facts and circumstances, has had or might have (so far as the Borrower and the Subsidiaries can foresee) a Materially Adverse Effect on (a) the Borrower and the Subsidiaries taken as a whole, (b) any Loan Document or (c) the Collateral. If a fact or circumstance disclosed on such Schedules or in such notes should in the future have a Materially Adverse Effect on (x) the Borrower and the Subsidiaries taken as a whole, (y) any Loan Document or (z) the Collateral, such Materially Adverse Effect shall be a change or event subject to Section 3.6 notwithstanding such disclosure.
Additional Adverse Facts. Except for facts and circumstances disclosed on Schedule 5.06, Schedule 5.13, Schedule 5.15 or Schedule 5.24, neither the Borrower nor any AEE Entity has Actual Knowledge of any fact or circumstance, as of the Agreement Date, that, either alone or in conjunction with all other such facts and circumstances, has had or could reasonably be expected to have (to the Actual Knowledge of the Borrower or any AEE Entity) a Materially Adverse Effect on (a) AES NY, (b) the Borrower and the AEE Subsidiaries taken as whole, (c) any Loan Document or (d) the Collateral. If a fact or circumstance disclosed on such Schedules should in the future have a Materially Adverse Effect on (i) AES NY, (ii) the Borrower and the AEE Subsidiaries taken as a whole, (iii) any Loan Document or (iv) the Collateral, such Materially Adverse Effect shall be a change or event subject to Section 5.23 notwithstanding such disclosure.
Additional Adverse Facts. Except for facts and circumstances disclosed on Schedule 5.27, no fact or circumstance is known to any Credit Party or any Subsidiary of any Credit Party , as of the Closing Date, that, either alone or in conjunction with all other such facts and circumstances, has had or could reasonably be expected to have a Material Adverse Effect. If a fact or circumstance disclosed on such Schedule should in the future have a Material Adverse Effect, such Material Adverse Effect shall be a change or event subject to Section 5.26 notwithstanding such disclosure.
Additional Adverse Facts. Except for facts and circumstances disclosed on SCHEDULE 6.27, no fact or circumstance is known to Borrower, as of the Closing Date, that, either alone or in conjunction with all other such facts and circumstances, has had or could reasonably be expected to have (so far as Borrower or any Subsidiary of Borrower can foresee) a Materially Adverse Effect. If a fact or circumstance disclosed on such Schedule should in the future have a Materially Adverse Effect, such Materially Adverse Effect shall be a change or event subject to SECTION 6.26 notwithstanding such disclosure.
Additional Adverse Facts. 14 SECTION 3.09
Additional Adverse Facts. Except for facts and circumstances disclosed in the notes to the financial statements referred to in Section 5.02(a), no fact or circumstance is known to the Borrower, as of the Agreement Date or the Delivery Date, as applicable, that, either alone or in conjunction with all other such facts and circumstances, has had or could reasonably expected to have (so far as the Borrower can foresee) a Materially Adverse Effect on (a) the Borrower, (b) any Loan Document to which the Borrower is a party or (c) the Collateral.
Additional Adverse Facts. No fact or circumstance is known to the Borrower, as of the Agreement Date, that, either alone or in conjunction with all other such facts and circumstances, has had or might have (so far as the Borrower and its Subsidiaries can foresee) a Materially Adverse Effect on (a) the Borrower and the Consolidated Subsidiaries taken as a whole or (b) any Loan Document. If a fact or circumstance disclosed on the Schedules hereto should in the future have a Materially Adverse Effect on (x) the Borrower and the Consolidated Subsidiaries taken as a whole or (y) any Loan Document, such Materially Adverse Effect shall be a change or event subject to Section 3.07 notwithstanding such disclosure.
Additional Adverse Facts. Except for facts and circumstances disclosed on Schedule Annex C-5 or Schedule Annex C-8 or in the notes to the financial statements referred to in Section 2(a) of Annex E, no fact or circumstance is known to RBMG or RBMG Mortgage, as of the Syndicated Credit Agreement Effective Date, that, either alone or in conjunction with all other such facts and circumstances, has had or has a significant possibility of having (so far as RBMG can foresee) a Materially Adverse Effect on (a) RBMG, (b) any Loan Document or (c) the Collateral. If a fact or circumstance disclosed on such Schedules or in such notes should in the future have a Materially Adverse Effect on (x) RBMG, (y) any Loan Document or (z) the Collateral, such Materially Adverse Effect shall be a change or event subject to Section 7 notwithstanding such disclosure.
Additional Adverse Facts. Except for facts and circumstances disclosed on Schedule 6.05 or Schedule 6.08 or in the notes to the financial statements referred to in Section 6.16(a), no fact or circumstance is known to the Borrower and its Restricted Subsidiaries, as of the Closing Date, that, either alone or in conjunction with all other such facts and circumstances, has had or would be reasonably likely to have (so far as the Borrower and its Restricted Subsidiaries can foresee) a Material Adverse Effect. If a fact or circumstance disclosed on such Schedules or in such notes should in the future have a Material Adverse Effect, such Material Adverse Effect shall be a change or event subject to Section 6.07 notwithstanding such disclosure.
Additional Adverse Facts no fact or circumstance is known to the Borrower that, either alone or in conjunction with all other such facts and circumstances, has had or could reasonably be expected to have a Material Adverse Effect;
