Common use of Adverse Change, etc Clause in Contracts

Adverse Change, etc. (a) Since December 31, 2003, nothing shall have occurred (and neither the Administrative Agent nor any of the Lenders shall have become aware of any facts, conditions or other information not previously known) which the Administrative Agent or the Required Lenders shall determine has had, or believe could reasonably be expected to have, a Material Adverse Effect. (b) On or prior to the Effective Date, all necessary governmental (domestic and foreign) and material third party approvals and consents in connection with the transactions contemplated by the Credit Documents to occur on or prior to the Effective Date 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 transactions contemplated by the Credit Documents. 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 transactions contemplated by the Credit Documents to occur on or prior to the Effective Date.

Appears in 2 contracts

Samples: Credit Agreement (Host Marriott L P), Credit Agreement (Host Marriott Corp/)

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Adverse Change, etc. (a) Since December 31, 20032006, nothing shall have occurred (and neither the Administrative Agent nor any of the Lenders shall have become aware of any facts, conditions or other information not previously known) which the Administrative Agent or the Required Lenders shall determine has had, or believe could reasonably be expected to have, a Material Adverse Effect. (b) On or prior to the Effective Date, all necessary governmental (domestic and foreign) and material third party approvals and consents in connection with the transactions contemplated by the Credit Documents to occur on or prior to the Effective Date 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 transactions contemplated by the Credit Documents. 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 transactions contemplated by the Credit Documents to occur on or prior to the Effective Date.

Appears in 2 contracts

Samples: Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts, Inc.)

Adverse Change, etc. (a) Since December 31, 2003On or prior to the Effective Date, nothing shall have occurred since March 31, 2004 (and neither the Administrative Agent nor any of the Lenders shall have become aware of any facts, conditions or other information not previously known) which the Administrative Agent or the Required Lenders shall determine has had, or believe could reasonably be expected to have, a Material Adverse Effect. (b) On or prior to the Effective Date, all All necessary governmental (domestic and foreign) and material third party approvals and and/or consents in connection with the transactions contemplated by the Credit Documents to occur on or prior to the Effective Date 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 transactions contemplated by the Credit DocumentsDocuments 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 transactions contemplated by the Credit Documents to occur on or prior to the Effective DateDocuments.

Appears in 1 contract

Samples: Credit Agreement (Trizec Properties Inc)

Adverse Change, etc. (a) Since December 31, 2003On or prior to the Effective Date, nothing shall have occurred since June 30, 2005 (and neither the Administrative Agent nor any of the Lenders shall have become aware of any facts, conditions or other information not previously known) which the Administrative Agent or the Required Lenders shall determine has had, or believe could reasonably be expected to have, a Material Adverse Effect. (b) On or prior to the Effective Date, all All necessary governmental (domestic and foreign) and material third party approvals and and/or consents in connection with the transactions contemplated by the Credit Documents to occur on or prior to the Effective Date 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 transactions contemplated by the Credit DocumentsDocuments 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 transactions contemplated by the Credit Documents to occur on or prior to the Effective DateDocuments.

Appears in 1 contract

Samples: Credit Agreement (Trizec Properties Inc)

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Adverse Change, etc. (a) Since December 31, 20031999, nothing shall ------------------- have occurred (and neither the Administrative Agent nor any of the Lenders Banks shall have become aware of any facts, conditions or other information not previously known) which the Administrative Agent or the Required Lenders Banks shall determine has had, or believe could reasonably be expected to have, a Material Adverse Effect. (b) On or prior to the Effective Date, all necessary governmental (domestic and foreign) and material third party approvals and consents in connection with the transactions contemplated by the Credit Documents to occur on or prior to the Effective Date 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 transactions contemplated by the such Credit Documents. 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 transactions contemplated by the Credit Documents to occur on or prior to the Effective Date.

Appears in 1 contract

Samples: Credit Agreement (HMC Park Ridge LLC)

Adverse Change, etc. (a) Since December March 31, 20031999, nothing shall have occurred (and neither of the Administrative Agent Agents nor any of the Lenders shall have become aware of any facts, facts or conditions or other information not previously known) which either of the Administrative Agent Agents or the Required Lenders shall reasonably determine has had, or believe could reasonably be expected to have, a Material Adverse Effect. (b) On or prior to the Effective Date, all necessary governmental (domestic and foreign) and material third party approvals and and/or consents in connection with the transactions contemplated by this Agreement and the other Credit Documents to occur on or prior to the Effective Date and otherwise referred to herein or therein shall have been obtained and remain in effect, and all applicable waiting periods with respect thereto 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 this Agreement and the other Credit DocumentsDocuments 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 transactions contemplated by this Agreement and the other Credit Documents or otherwise referred to occur on herein or prior to the Effective Datetherein.

Appears in 1 contract

Samples: Credit Agreement (Compuware Corporation)

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