Common use of Additional Adverse Facts Clause in Contracts

Additional Adverse Facts. Except for facts and circumstances disclosed on Schedule 3.05 or Schedule 3.08 or in the notes to the financial statements referred to in Section 5.02(a), no fact or circumstance is known to the Borrower and its Restricted Subsidiaries, as of the Restated Agreement 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 Materially Adverse Effect on (a) the Borrower and the Restricted 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 Restricted 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 3.07 notwithstanding such disclosure.

Additional Adverse Facts. Except for facts and ------------------------ circumstances disclosed on Schedule 3.05 3.4 or Schedule 3.08 3.7 or in the notes to the ------------ ------------ financial statements referred to in Section 5.02(a5.2(a), no fact or circumstance is known to the Borrower and its Restricted SubsidiariesBorrower, as of the Restated Agreement Date, that, either alone or in conjunction with all other such facts and circumstances, has had or would be reasonably likely to might have (so far as the Borrower and its Restricted the Subsidiaries can foresee) a Materially Adverse Effect on (a) the Borrower and the Restricted 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 Restricted 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 3.07 3.6 notwithstanding such disclosure.

Additional Adverse Facts. Except for facts and circumstances disclosed on Schedule 3.05 5.06, Schedule 5.13, Schedule 5.15 or Schedule 3.08 or in 5.24, neither the notes to the financial statements referred to in Section 5.02(a), no Borrower nor any AEE Entity has Actual Knowledge of any fact or circumstance is known to the Borrower and its Restricted Subsidiariescircumstance, as of the Restated Agreement Date, that, either alone or in conjunction with all other such facts and circumstances, has had or would could reasonably be reasonably likely expected to have (so far as to the Actual Knowledge of the Borrower and its Restricted Subsidiaries can foreseeor any AEE Entity) a Materially Adverse Effect on (a) AES NY, (b) the Borrower and the Restricted Subsidiaries AEESubsidiaries taken as a whole, (bc) any Loan Document or (cd) 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 (xi) AES NY, (ii) the Borrower and the Restricted AEE Subsidiaries taken as a whole, (yiii) any Loan Document or (ziv) the Collateral, such Materially Adverse Effect shall be a change or event subject to Section 3.07 5.23 notwithstanding such disclosure.

Additional Adverse Facts. Except for facts and circumstances disclosed on Schedule 3.05 5.06, Schedule 5.13, Schedule 5.15 or Schedule 3.08 or in 5.24, neither the notes to the financial statements referred to in Section 5.02(a), no Borrower nor any AEE Entity has Actual Knowledge of any fact or circumstance is known to the Borrower and its Restricted Subsidiariescircumstance, as of the Restated Agreement Date, that, either alone or in conjunction with all other such facts and circumstances, has had or would could reasonably be reasonably likely expected to have (so far as to the Actual Knowledge of the Borrower and its Restricted Subsidiaries can foreseeor any AEE Entity) a Materially Adverse Effect on (a) AES NY, (b) the Borrower and the Restricted AEE Subsidiaries taken as a whole, (bc) any Loan Document or (cd) 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 (xi) AES NY, (ii) the Borrower and the Restricted AEE Subsidiaries taken as a whole, (yiii) any Loan Document or (ziv) the Collateral, such Materially Adverse Effect shall be a change or event subject to Section 3.07 5.23 notwithstanding such disclosure.

Additional Adverse Facts. Except for facts and circumstances disclosed on Schedule SCHEDULE 3.05 or Schedule SCHEDULE 3.08 or in the notes to the financial statements referred to in Section 5.02(a), no fact or circumstance is known to the Borrower and its Restricted SubsidiariesBorrower, as of the Restated Agreement 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 Materially Adverse Effect on (a) the Borrower and the Restricted Consolidated 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 Restricted Consolidated 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 3.07 notwithstanding such disclosure.