Common use of Adverse Circumstances Clause in Contracts

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would have a Material Adverse Effect upon Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 16 contracts

Samples: Security Agreement (SRAX, Inc.), Security Agreement (SRAX, Inc.), Security Agreement (Advanced Human Imaging LTD)

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Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; the Borrower, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 13 contracts

Samples: Loan and Security Agreement (Digital Ally, Inc.), Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Atlas Financial Holdings, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would have a Material Adverse Effect upon any Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 9 contracts

Samples: Security Agreement (Sack Lunch Productions Inc.), Security Agreement (Drone USA Inc.), Security Agreement (Zoompass Holdings, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; the Borrower, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 7 contracts

Samples: Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp), Revolving Credit and Security Agreement (Millennium Ethanol, LLC), Loan and Security Agreement (CHS Inc)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; Effect, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 6 contracts

Samples: Loan and Security Agreement (FC Global Realty Inc), Loan and Security Agreement (FC Global Realty Inc), Loan and Security Agreement (Intricon Corp)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon the Debtor; , or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 3 contracts

Samples: Security Agreement (Argyle Security, Inc.), Security Agreement (Argyle Security, Inc.), Security Agreement (Meadowbrook Insurance Group Inc)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; the Borrowers, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Smithway Motor Xpress Corp), Loan and Security Agreement (Hill International, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; any Borrower, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (Amerinac Holding Corp.), Loan and Security Agreement (BG Staffing, Inc.), Loan and Security Agreement (LTN Staffing, LLC)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation litigation, or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would which could reasonably be expected to have a Material Adverse Effect material adverse effect upon Debtor; the Borrower or (ii) which would constitute an Event of a Default or an Unmatured Event of Default.

Appears in 3 contracts

Samples: Loan Agreement (Jacksonville Bancorp Inc /Fl/), Loan Agreement (Jacksonville Bancorp Inc /Fl/), Loan Agreement (Jacksonville Bancorp Inc /Fl/)

Adverse Circumstances. No condition, circumstance, event, agreement, --------------------- document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (i) would have a Material Adverse Effect upon Debtor; the Borrowers, or (ii) would constitute an constitutes a Event of Default or an a Unmatured Event of Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amrep Corp.), Loan and Security Agreement (Amrep Corp.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; , or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 2 contracts

Samples: Security Agreement (Inland Residential Properties Trust, Inc.), Security Agreement (Inland Residential Properties Trust, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would may reasonably be expected to have a Material Adverse Effect upon Debtor; Effect, (b) would constitute an Event of Default, or (iic) would constitute an Event of Default with the giving of notice or an Unmatured Event lapse of Defaulttime or both.

Appears in 2 contracts

Samples: Loan and Security Agreement (Dynatronics Corp), Loan and Security Agreement (Flux Power Holdings, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon any Debtor; , or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 2 contracts

Samples: Security Agreement (National Automation Services Inc), Security Agreement (National Automation Services Inc)

Adverse Circumstances. No To the best of Debtors’ knowledge, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would have a Material Adverse Effect upon any Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Security Agreement (Wild Craze, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or to the Borrower’s knowledge, threatened litigation or proceeding or basis thereforproceeding) exists which: which (ia) would could reasonably be expected to have a Material Adverse Effect upon Debtor; Effect, or (iib) would could reasonably be expected to constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Synergetics Usa Inc)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would could reasonably be expected to have a Material Adverse Effect upon Debtor; or Effect, (iib) would constitute an Event of Default under any of the Loan Documents, or (c) would constitute such an Unmatured Event of DefaultDefault with the giving of notice or lapse of time or both.

Appears in 1 contract

Samples: Loan and Security Agreement (Polar Power, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or or, to the knowledge of Borrower, threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; Borrower, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Ari Network Services Inc /Wi)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; any of the Borrowers, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifeway Foods Inc)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation litigation, or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would which could reasonably be expected to have a Material Adverse Effect upon Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of DefaultEffect.

Appears in 1 contract

Samples: Credit Agreement (Enova International, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists whichwhich to the knowledge of Debtor: (i) would have a Material Adverse Effect upon Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Security Agreement (Pacific Ventures Group, Inc.)

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Adverse Circumstances. No Except as discussed in this Agreement, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; the Borrower, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Neogen Corp)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Materially Adverse Effect upon Debtor; Borrower, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Security Agreement (Presto Automation Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which can reasonably be expected to (i) would have a Material Adverse Effect upon Debtor; Effect, or (ii) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Amended and Restated Loan Agreement (Hemiwedge Industries, Inc)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; Borrower, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Integrity Media Inc)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis thereforproceeding) exists which: which (ia) would may reasonably be expected to have a Material Adverse Effect upon Debtor; or Effect, (iib) would constitute an Event of a Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Starco Brands, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; Borrowers or Guarantor, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Inland American Real Estate Trust, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon Debtor; Borrower or Guarantor, or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Land Lease Inc)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: which (ia) would have a Material Adverse Effect upon any Debtor; , or (iib) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Security Agreement (Coda Octopus Group, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would have a Material Adverse Effect material adverse effect upon Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Security Agreement (Fresh Healthy Vending International, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would have a Material Adverse Effect upon Debtor; or (ii) would constitute an Event a default of Default or an Unmatured Event of Defaultthe Buyer under the Purchase Agreement.

Appears in 1 contract

Samples: Security Agreement (Growlife, Inc.)

Adverse Circumstances. No To the knowledge of Debtor, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would could reasonably be expected to have a Material Adverse Effect upon Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Security Agreement (Vapor Hub International Inc.)

Adverse Circumstances. No Except as disclosed in the Credit Agreement, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which: (i) would have a Material Adverse Effect upon any Debtor; or (ii) would constitute an Event of Default or an Unmatured Event of Default.

Appears in 1 contract

Samples: Security Agreement (Dr. Tattoff, Inc.)

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