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 (i) which could adversely affect the validity or priority of the liens and security interests granted in favor of the Bank under the Security Documents, (ii) which could materially adversely affect the ability of the Borrower to perform its obligations under the Loan Documents, or (iii) which would constitute a Default or an Event of Default under any of the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Fields MRS Original Cookies Inc)

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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 (i) which could adversely affect the validity or priority of the liens and security interests granted in favor of to the Bank under the Security Loan Documents, (ii) which could materially adversely affect the ability of the Borrower to perform its obligations under the Loan Documents, or (iii) which would constitute a Default or an Event of Default default under any of the Loan DocumentsDocuments or which would constitute such a default with the giving of notice or lapse of time or both.

Appears in 1 contract

Samples: Loan and Security Agreement (First Horizon Pharmaceutical Corp)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which (ia) which could adversely affect the validity or priority of the liens and security interests Liens granted in favor of to the Bank under the Security Loan Documents, (iib) which could materially adversely affect the ability of the Borrower Borrowers to perform its obligations under the Loan Documents, or (iiic) which would constitute a Default or an Event of Default 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: Loan and Security Agreement (Global Axcess Corp)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or or, to Borrower's knowledge threatened litigation or proceeding or basis therefor) exists which (ia) which could adversely affect the validity or priority of the liens and security interests Liens granted in favor of to the Bank under the Security Loan Documents, (iib) which could materially adversely affect the ability of the Borrower or any Domestic Subsidiaries to perform its their obligations under the Loan Documents, or (iiic) which would constitute a Default or an Event of 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: Loan and Security Agreement (AquaBounty Technologies, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists (i) which could adversely affect the validity or priority of the liens and security interests granted in favor of the to Bank under the Security Loan Documents, (ii) which could materially adversely affect the ability of the Borrower to perform its obligations under the Loan Documents, or (iii) which would constitute a Default or an Event of Default default under any of the Loan DocumentsDocuments or which would constitute such a default with the giving of notice or lapse of time or both.

Appears in 1 contract

Samples: Security Agreement (CFC International Inc)

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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 (ia) which could adversely affect the validity or priority of the liens and security interests Liens granted in favor of the Bank to Lender under the Security Loan Documents, (iib) which could materially adversely affect the collective ability of the Borrower to perform its obligations under the Loan Documents, or (iiic) which would constitute a Default or an Event of Default default under any of the Loan DocumentsDocuments or (d) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 1 contract

Samples: Credit Agreement (TouchIT Technologies, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding Proceeding (or threatened litigation or proceeding Proceeding or basis therefor) exists which: (i) which could adversely affect the validity or priority of the liens and security interests granted in favor of the Bank under the Security Documents, (ii) which could materially adversely affect the ability of the Borrower to perform its obligations under the Loan Documents, or ; (iiiii) which would constitute a Default or an Event of Default default under any of the Loan Documents; (iii) would constitute such a default with the giving of notice or lapse of time or both; or (iv) would constitute or give rise to a Material Adverse Effect.

Appears in 1 contract

Samples: Facility Agreement (Credex Corp)

Adverse Circumstances. No condition, circumstance, --------------------- event, agreement, document, instrument, restriction, litigation litigation, violation of law or proceeding (or threatened litigation or proceeding or basis therefor) exists (i) which could adversely affect the validity or priority of the liens and security interests granted in favor of the Bank to Lender under the Security Loan Documents, (ii) which could materially adversely affect the ability of the Borrower to perform its obligations under the Loan Documents, or (iii) which would constitute a Default or an Event of Default default under any of the Loan DocumentsDocuments or which would constitute such a default with the giving of notice or lapse of time or both.

Appears in 1 contract

Samples: Term Loan Agreement (American Eco Corp)

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