Common use of Adverse Circumstances Clause in Contracts

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or to any Credit Party’s knowledge, threatened litigation or proceeding or basis therefor) exists which (a) could adversely affect the validity or priority of the Liens granted to Lender under the Loan Documents, (b) could materially adversely affect the collective ability of Borrower to perform its obligations under the Loan Documents, (c) would constitute a default under any of the Loan Documents or (d) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 6 contracts

Samples: Agreement, Security Agreement (Sunpeaks Ventures, Inc.), Guaranty Agreement (Sunpeaks Ventures, Inc.)

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Adverse Circumstances. No To the best knowledge of Borrower, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or to any Credit Party’s knowledge, threatened litigation or proceeding or basis therefor) exists which (a) could adversely affect the validity or priority of the Liens granted to Lender the Bank under the Loan Documents, (b) could materially adversely affect the collective ability of the Borrower to perform its obligations under the Loan Documents, (c) would constitute a default under any of the Loan Documents Documents, or (d) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 3 contracts

Samples: Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or to any Credit Party’s knowledge, threatened litigation or proceeding or basis therefor) exists which (a) could adversely affect the validity or priority of the Liens granted to Lender the Bank under the Loan Documents, (b) could materially adversely affect the collective ability of the Borrower to perform its obligations under the Loan Documents, (c) would constitute a default under any of the Loan Documents Documents, or (d) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 3 contracts

Samples: Loan Agreement (Metrocorp Inc), Loan and Security Agreement (Fortune Industries, Inc.), Loan Agreement (Eloyalty Corp)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or to any Credit Party’s knowledge, threatened litigation or proceeding or basis therefor) exists which (a) could adversely affect the validity or priority of the Liens granted to the Lender under the Loan Documents, (b) could materially adversely affect the collective ability of Borrower Borrowers to perform its their obligations under the Loan Documents, (c) would constitute a default under any of the Loan Documents or (d) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 2 contracts

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

Adverse Circumstances. No To the Borrower’s knowledge, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or to any Credit Party’s knowledge, threatened litigation or proceeding or basis therefortherefore) exists which (a) could adversely affect the validity or priority of the Liens granted to Lender the Bank under the Loan Documents, (b) could materially adversely affect the collective ability of the Borrower to perform its obligations under the Loan Documents, (c) would constitute a default under any of the Loan Documents Documents, or (d) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 2 contracts

Samples: Loan and Security Agreement (Banyan Rail Services Inc.), Loan and Security Agreement (Bhit Inc)

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Adverse Circumstances. No To the best knowledge of the Credit Parties, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding Proceeding (or to any Credit Party’s knowledge, threatened litigation or proceeding Proceeding or basis therefor) exists which which: (ai) could adversely affect the validity or priority of the Liens granted to Lender under the Loan Documents, ; (bii) could materially adversely affect the collective ability of Borrower the Credit Parties to perform its obligations under the Loan Documents, ; (ciii) would constitute a default under any of the Loan Documents or Documents; (div) would constitute such a default with the giving of notice or lapse of time or both; or (v) would constitute or give rise to a Material Adverse Effect.

Appears in 1 contract

Samples: Secured Revolving Credit Facility Agreement (Integrated Energy Solutions, Inc.)

Adverse Circumstances. No To the best of Borrowers’ knowledge, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding Proceeding (or to any Credit Party’s knowledge, threatened litigation or proceeding Proceeding or basis therefortherefore) exists which which: (ai) could adversely affect the validity or priority of the Liens granted to Lender under the Loan Documents, ; (bii) could materially adversely affect the collective ability of any Borrower to perform its obligations under the Loan Documents, ; (ciii) would constitute a default under any of the Loan Documents or Documents; (div) would constitute such a default with the giving of notice or lapse of time or both; or (v) would constitute or give rise to a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Wild Craze, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or to any Credit Partythe Borrower’s knowledge, threatened litigation or proceeding or basis therefor) exists which (a) could adversely affect the validity or priority of the Liens granted to Lender under the Loan Documents, (b) could materially adversely affect the collective ability of Borrower to perform its obligations under the Loan Documents, (c) would constitute a default under any of the Loan Documents or (d) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (Redfin Network, Inc.)

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