Common use of Adverse Contracts Clause in Contracts

Adverse Contracts. Neither the Borrower nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that may have a material and adverse effect on the business, assets, liabilities, financial condition, operations, or business prospects of the Borrower and its Subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement or any Note. Neither the Borrower nor any Subsidiary has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, or conditions contained in any such agreement, instrument, restriction, judgment, decree, or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, assets, liabilities, financial condition, operations, operations or business prospects of the Borrower and its Subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement, the Pledge Agreement or any and the Note. Neither the Borrower nor any Subsidiary has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary of its subsidiaries is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, property, assets, liabilities, financial condition, operations, conditions or business prospects of the Borrower and its Subsidiaries subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement or any and the Convertible Term Note. Neither the Borrower nor any Subsidiary of its subsidiaries has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, assets, liabilities, financial condition, operations, operations or business prospects of the Borrower and its Subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement or any NoteAgreement, the Pledge Agreement, the Note and the Other Bank Agreements. Neither the Borrower nor any Subsidiary has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, assets, liabilities, financial condition, operations, operations or business prospects of the Borrower and its Subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement or any the Note. Neither the Borrower nor any Subsidiary has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary of its subsidiaries is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, property, assets, liabilities, financial condition, operations, conditions or business prospects of the Borrower and its Subsidiaries subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement or any Noteand the other Transaction Documents. Neither the Borrower nor any Subsidiary of its subsidiaries has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, assets, liabilities, financial condition, operations, operations or business prospects of the Borrower and its Subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement or any Notethe Notes. Neither the Borrower nor any Subsidiary has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, assets, liabilities, financial condition, operations, operations or business prospects of the Borrower and its Subsidiaries subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement or any Notethe Notes. Neither the Borrower nor any Subsidiary subsidiary has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, assets, liabilities, financial condition, operations, operations or business prospects of the Borrower and its any Subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement or any Notethe Notes. Neither the Borrower nor any Subsidiary has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, assets, liabilities, financial condition, operations, operations or business prospects of the Borrower and its Subsidiaries subsidiaries taken as a whole or on business pros, the ability of the Borrower to perform its obligations under this Agreement or any the Note. Neither the Borrower nor or any Subsidiary subsidiary has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in of the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary of its subsidiaries is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, property, assets, liabilities, financial condition, operations, conditions or business prospects of the Borrower and its Subsidiaries subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement Agreement, the Term Note or any Notethe Warrant. Neither the Borrower nor any Subsidiary of its subsidiaries has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, assets, liabilities, financial condition, operations, operations or business prospects of the Borrower and its Subsidiaries subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement or any Note. Neither the Borrower nor any Subsidiary subsidiary has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, covenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.

Adverse Contracts. Neither the Borrower nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction, nor is it subject to any judgment, decree or order of any court or governmental body, that which may have a material and adverse effect on the business, assets, liabilities, financial condition, operations, operations or business prospects of the Borrower and its Subsidiaries taken as a whole or on the ability of the Borrower to perform its obligations under this Agreement or any the Note. Neither the Borrower nor any Subsidiary has, nor with reasonable diligence should have had, knowledge of or notice that it is in default in the performance, observance or fulfillment of any of the obligations, covenants, convenants or conditions contained in any such agreement, instrument, restriction, judgment, decree, decree or order.