Common use of Additional Adverse Facts Clause in Contracts

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.

Appears in 2 contracts

Samples: Credit Agreement (Tsi International Software LTD), Credit Agreement (Tsi International Software LTD)

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Additional Adverse Facts. Except for facts and ------------------------ circumstances disclosed on Schedule 3.4 3.05 or Schedule 3.7 3.08 or in the notes to the ------------ ------------ financial statements referred to in Section 5.2(a5.02(a), no fact or circumstance is known to the BorrowerBorrower 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 might would be reasonably likely to have (so far as the Borrower and the 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 3.6 3.07 notwithstanding such disclosure.

Appears in 2 contracts

Samples: Credit Agreement (Garden State Newspapers Inc), Credit Agreement (Garden State Newspapers Inc)

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Additional Adverse Facts. Except for facts and circumstances ------------------------ circumstances disclosed on Schedule 3.4 3.05 or Schedule 3.7 3.07 or in the notes to the ------------ ------------ financial ------------- ------------- statements referred to in Section 5.2(a5.02(a), no fact or circumstance is known to the BorrowerCompany, as of the Agreement Date, that, either alone or in conjunction with all other such facts and circumstances, has had or might could reasonably be expected to have (so far as the Borrower Company and the Subsidiaries can foresee) a Materially Adverse Effect on (a) the Borrower Company and the 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 Company and the 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 3.6 3.06 notwithstanding such disclosure.

Appears in 1 contract

Samples: Memorandum of Security Agreement (Premiere Technologies Inc)

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