Common use of Adverse Change, etc Clause in Contracts

Adverse Change, etc. (a) Nothing shall have occurred (and the Bank shall not have become aware of any facts or conditions not previously known) which has, or could reasonably be expected to have, a material adverse effect on the rights or remedies of the Bank, or on the ability of any Borrower to perform its obligations to the Bank or which has, or could reasonably be expected to have, a materially adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of such Borrower. (b) All necessary governmental (domestic and foreign) and third party approvals, if any, in connection with the transactions contemplated by the Credit Documents and otherwise referred to herein or therein shall have been obtained and remain in effect, and all applicable waiting periods shall have expired without any action being taken by any competent authority which restrains, prevents or imposes materially adverse conditions upon the consummation of the transactions contemplated by the Credit Documents and otherwise referred to herein or therein. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of the transactions contemplated by the Credit Documents or the making of the Loans.

Adverse Change, etc. (a) Nothing On the Effective Date, nothing shall have occurred (and the Bank Banks shall not have become aware of any facts or conditions not previously known), including any change in government (domestic or foreign) statutes, regulations, rules or policies, which the Administrative Agent shall determine has, or could reasonably be expected to have, a material adverse effect on the rights or remedies of the BankAgents or the Banks, or on the ability of any Borrower to perform its obligations to the Bank Agents and the Banks under any Credit Document or which has, or could reasonably be expected to have, a materially adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of such BorrowerMaterial Adverse Effect. (b) All On or prior to the Effective Date, all necessary governmental (domestic and foreign) and third party approvals, if any, approvals in connection with the transactions contemplated by the Credit Documents and otherwise referred to herein or therein shall have been obtained and remain in effect, and all applicable waiting periods shall have expired without any action being taken by any competent authority which restrains, prevents or imposes materially adverse conditions upon the consummation of the transactions contemplated by the Credit Documents and otherwise referred to herein or therein. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of the transactions contemplated by the Credit Documents or the making of the any Loans.

Adverse Change, etc. (a) Nothing On or prior to the Closing Date, nothing shall have occurred (and neither the Bank Administrative Agent nor the Banks shall not have become aware of any facts facts, conditions or conditions other information not previously known) which has, the Administrative Agent or the Required Banks shall determine could reasonably be expected to have, have a material adverse effect on the rights or remedies of the BankAdministrative Agent or the Banks, or on the ability of any Borrower Credit Party to perform its obligations to the Bank Administrative Agent and the Banks or which has, or could reasonably be expected to have, have a materially adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of such BorrowerMaterial Adverse Effect. (b) All necessary governmental (domestic and foreign) and third party approvals, if any, approvals and/or consents in connection with the making of the Loans and the Transaction, the other transactions contemplated by the Credit Documents and otherwise referred to herein or therein shall have been obtained and remain in effect, and all applicable waiting periods shall have expired without any action being taken by any competent authority which restrains, prevents prevents, or imposes materially adverse conditions upon upon, the consummation of the Transaction or the other transactions contemplated by the Credit Documents and or otherwise referred to herein or therein. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of Transaction or the other transactions contemplated by the Credit Documents or the making of the LoansDocuments.

Adverse Change, etc. (a) Nothing shall have occurred (and the Bank shall not have become aware of any facts or conditions not previously known) which the Bank shall have determined has, or could reasonably be expected to have, a material adverse effect on the rights or remedies of the Bank, or on the ability of any Borrower to perform its obligations to the Bank or which has, or could reasonably be expected to have, a materially adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of such Borrower. (b) All necessary governmental (domestic and foreign) and third party approvals, if any, in connection with the transactions contemplated by the Credit Documents and otherwise referred to herein or therein shall have been obtained and remain in effect, and all applicable waiting periods shall have expired without any action being taken by any competent authority which restrains, prevents or imposes materially adverse conditions upon the consummation of the transactions contemplated by the Credit Documents and otherwise referred to herein or therein. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of the transactions contemplated by the Credit Documents or the making of the Loans.

Adverse Change, etc. (a) Nothing shall have occurred (and neither the Bank Agents nor the Banks shall not have become aware of any facts or conditions not previously known) which hasthe Agents or the Required Banks shall determine (a) has had, or could reasonably be expected to have, a material adverse effect on the rights or remedies of the BankBanks or the Agents, or on the ability of any Borrower Credit Party to perform its obligations to the Bank Banks or which hasthe Agents hereunder or under any other Credit Document or (b) has had, or could reasonably be expected to have, a materially material adverse effect on the Transaction or on the business, operations, property, assets, liabilities, liabilities or condition (financial or otherwise) or prospects of such Borrowerthe Borrower and the Guarantors taken as a whole. (b) All On or prior to the Effective Date, all necessary governmental (domestic and foreign) and third party approvals, if any, approvals and/or consents in connection with the transactions Transaction and the other trans- actions contemplated by the Credit Documents and otherwise referred to herein or therein shall have been obtained and remain in effecteffect (including, and all applicable waiting periods shall have expired without limitation, any action being taken by any competent authority which restrains, prevents or imposes materially adverse conditions upon approvals and/or consents under the consummation of the transactions contemplated by the Credit Documents and otherwise referred to herein or thereinIllinois Responsible Property Transfer Act). Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse ad- verse conditions upon the consummation of Transaction or the other transactions contemplated by this Agreement and the Credit other Documents or the making of the Loansotherwise referred to herein or therein.

Adverse Change, etc. (a) Nothing shall have occurred (and neither the Bank Administrative Agent nor the Lenders shall not have become aware of any facts or conditions not previously known) which hasthe Administrative Agent or the Required Lenders shall reasonably determine (i) has had, or could reasonably be expected to have, a material adverse effect on the rights or remedies of the BankLenders or the Administrative Agent, or on the ability of any Borrower Credit Party to perform its obligations to the Bank Lenders or which hasthe Administrative Agent hereunder or under any other Credit Document or (ii) has had, or could reasonably be expected to have, a materially material adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of such Borrowerthe Borrower and the other Credit Parties taken as a whole. (b) All On or prior to the Effective Date, all necessary governmental (domestic and foreign) and third party approvals, if any, approvals and/or consents in connection with the transactions contemplated by this Agreement and the other Credit Documents and otherwise referred to herein or therein shall have been obtained and remain in effect, and all applicable waiting periods shall have expired without any action being taken by any competent authority which restrains, prevents or imposes materially adverse conditions upon the consummation of the transactions contemplated by the Credit Documents and otherwise referred to herein or therein. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of the transactions contemplated by this Agreement and the other Credit Documents or the making of the Loansotherwise referred to herein or therein.

Adverse Change, etc. (a) Nothing shall have occurred (and neither the Bank Administrative Agent nor the Lenders shall not have become aware of any facts or conditions not previously known) which hasthe Administrative Agent or the Required Lenders shall reasonably determine has had, or could reasonably be expected to have, a material adverse effect on the rights or remedies of the BankLenders or the Administrative Agent, or on the ability of any Borrower Credit Party to perform its obligations to the Bank Lenders or which hasthe Administrative Agent hereunder or under any other Credit Document. ·There shall not have occurred a material adverse change since December 31, or could reasonably be expected to have, a materially adverse effect on 2002 in the business, operations, property, assets, liabilitiesliabilities (actual or contingent), operations, condition (financial or otherwise) or prospects of the Borrower and the other Credit Parties taken as a whole or in the facts and information regarding such Borrowerentities as represented to date to the Administrative Agent and Lenders. (b) All On or prior to the Restatement Effective Date, all necessary governmental (domestic and foreign) and third party approvals, if any, approvals and/or consents in connection with the transactions contemplated by this Agreement and the other Credit Documents and otherwise referred to herein or therein shall have been obtained and remain in effect, and all applicable waiting periods shall have expired without any action being taken by any competent authority which restrains, prevents or imposes materially adverse conditions upon the consummation of the transactions contemplated by the Credit Documents and otherwise referred to herein or therein. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of the transactions contemplated by this Agreement and the other Credit Documents or the making of the Loansotherwise referred to herein or therein.

Adverse Change, etc. (a) Nothing On the Initial Borrowing Date, nothing shall have occurred (and the Bank Banks shall not have become aware of any facts no facts, conditions or conditions other information not previously known) which has, the Agent or the Required Banks reasonably believe could reasonably be expected to have, have a material adverse effect on the rights or remedies of the Bank, or on the ability of any Borrower to perform its obligations to the Bank or which has, or could reasonably be expected to have, a materially adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of such Borrower.the (b) All On or prior to the Initial Borrowing Date, all necessary and material governmental (domestic and foreign) and third party approvals, if any, approvals in connection with the Transaction and the transactions contemplated by the Credit Documents and otherwise referred to herein or therein shall have been obtained and remain in effect, and all applicable waiting periods shall have expired without any action being taken by any competent authority which restrains, prevents or imposes materially adverse conditions upon the consummation of the Transaction and the transactions contemplated by the Credit Documents and otherwise referred to herein or thereinthis Agreement. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of the Transaction or the transactions contemplated by the Credit Documents or the making of the Loansthis Agreement.

Adverse Change, etc. (a) Nothing shall have occurred (and neither the Bank Agent nor the Banks shall not have become aware of any facts or conditions not previously known) which hasthe Agent or the Required Banks shall reasonably determine (a) has had, or could reasonably be expected to have, a material adverse effect on the rights or remedies of the BankBanks or the Agent, or on the ability of any Borrower Credit Party to perform its obligations to the Bank Banks or which hasthe Agent hereunder or under any other Credit Document or (b) has had, or could reasonably be expected to have, a materially material adverse effect on the Refinancing or on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of such Borrowerthe Borrower or any of its Subsidiaries. (b) All On or prior to the Restatement Effective Date, all necessary governmental (domestic and foreign) and third party approvals, if any, approvals and/or consents in connection with the transactions contemplated by this Agreement and the Credit other Documents and otherwise referred to herein or therein shall have been obtained and remain in effect, and all applicable waiting periods shall have expired without any action being taken by any competent authority which restrains, prevents or imposes materially adverse conditions upon the consummation of the transactions contemplated by the Credit Documents and otherwise referred to herein or therein. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of the transactions contemplated by this Agreement and the Credit other Documents or the making of the Loansotherwise referred to herein or therein.

Adverse Change, etc. (a) Nothing shall have occurred (and On the Bank Initial Borrowing Date, there shall not have occurred or become aware of known to the Agents any facts or events, conditions not previously known) which hasand/or contingencies that have had, or could reasonably be expected to have, a material adverse effect Material Adverse Effect on the rights or remedies of the Bank, Borrower or on the ability of any Borrower to perform and its obligations to the Bank or which hasSubsidiaries taken as a whole since January 3, or could reasonably be expected to have, a materially adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of such Borrower1998. (b) All On or prior to the Initial Borrowing Date, all necessary material governmental (domestic and foreign) and third party approvals, if any, approvals and/or consents in connection with the Transaction, the transactions contemplated by the Credit Documents and otherwise referred to herein or therein shall have been obtained and remain in effecteffect (other than those third party approvals with respect to the Recapitalization not so obtained which approvals are not material, individually or in the aggregate), and all applicable waiting periods shall have expired without any action being taken by any competent authority which restrains, prevents or imposes materially adverse conditions upon the consummation of the Transaction or the transactions contemplated by the Credit Documents and otherwise referred to herein or thereinthis Agreement. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of Transaction or the transactions contemplated by the Credit Documents or the making of the Loansthis Agreement.