Common use of Agreements and Other Documents Clause in Contracts

Agreements and Other Documents. As of the Closing Date, Borrower has provided to Lender or its counsel accurate and complete copies (or summaries) of all of the following agreements or documents to which any it is subject and each of which are listed on Disclosure Schedule (3.21): (1) supply agreements and purchase agreements not terminable by Borrower within sixty (60) days following written notice issued by Borrower and involving transactions in excess of $1,000,000 per annum; (2) any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $250,000 per annum; (3) licenses and permits held by Borrower, the absence of which could be reasonably likely to have a Material Adverse Effect; (4) instruments or documents evidencing Indebtedness of Borrower and any security interest (or applicable equivalent thereof) granted by Borrower with respect thereto; and (5) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of Borrower.

Agreements and Other Documents. As of the Closing Date, Borrower has provided to Lender Agent or its counsel accurate and complete copies (or summaries) of all of the following agreements or documents to which any it is subject and each of which are listed on Disclosure Schedule (3.21): : (1) supply agreements and purchase agreements not terminable by Borrower within sixty (60) days following written notice issued by Borrower and involving transactions in excess of $1,000,000 per annum; (2) any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $250,000 per annum; (3) licenses and permits held by Borrower, the absence of which could be reasonably likely to have a Material Adverse Effect; (4) instruments or documents evidencing Indebtedness of Borrower and any security interest (or applicable equivalent thereof) granted by Borrower with respect thereto; and (5) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of Borrower.

Agreements and Other Documents. As of the Closing Date, each Borrower has provided to Lender Agent or its counsel counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any it is subject and each of which are listed on Disclosure Schedule (3.213.22): (1) supply agreements and purchase agreements not terminable by such Borrower within sixty (60) days following written notice issued by such Borrower and involving transactions in excess of $1,000,000 per annum; (2) any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $250,000 500,000 per annum; (3) licenses and permits held by Borrowerthe Borrowers, the absence of which could be reasonably likely to have a Material Adverse Effect; (4) instruments or documents evidencing Indebtedness of such Borrower and any security interest (or applicable equivalent thereof) granted by such Borrower with respect thereto; and (5) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Borrower.

Agreements and Other Documents. As of the Closing Date, each Borrower has provided to Lender Agent or its counsel counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any it is subject and each of which are listed on Disclosure Schedule (3.213.22): (1) supply agreements and purchase agreements not terminable by such Borrower within sixty (60) days following written notice issued by such Borrower and involving transactions in excess of $1,000,000 per annum; (2) any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $250,000 500,000 per annum; (3) licenses and permits held by Borrowerthe Borrowers, the absence of which could be reasonably likely to have a - 55 - Material Adverse Effect; (4) instruments or documents evidencing Indebtedness of such Borrower and any security interest (or applicable equivalent thereof) granted by such Borrower with respect thereto; and (5) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Borrower.

Agreements and Other Documents. As of the Closing Date, each Borrower has provided or made available to Lender the Administrative Agent or its counsel counsel, on behalf of the Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any it is subject and each of which are listed on Disclosure Schedule 4.26: ten (3.21): (110) largest supply agreements and purchase agreements not terminable by such Borrower within sixty (60) days following written notice issued by Borrower and involving transactions in excess of $1,000,000 per annumsuch Borrower; (2) any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $250,000 500,000 per annum; (3) licenses and permits held by Borrowerthe Borrowers, the absence of which could be reasonably likely to have a Material Adverse Effect; (4) instruments or documents evidencing Indebtedness of such Borrower and any security interest (or applicable equivalent thereof) granted by such Borrower with respect thereto; and (5) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Borrower.

Agreements and Other Documents. As of the Closing Date, each Borrower has provided to Lender or its counsel accurate and complete copies (or summaries) of all of the following agreements or documents to which any it is subject and of them are subject, each of which are is listed on in Disclosure Schedule (3.213.22): (1a) supply agreements and purchase agreements not terminable by such Borrower within sixty (60) 60 days following written notice issued by such Borrower and involving transactions in excess of $1,000,000 per annum; (2b) any lease leases of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $250,000 500,000 per annum; (3c) licenses and permits held by BorrowerBorrowers, the absence of which could be reasonably likely to have a Material Adverse Effect; (4d) instruments or documents evidencing Indebtedness of such Borrower and any security interest (or applicable equivalent thereof) Lien granted by such Borrower with respect thereto; and (5e) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Borrower.

Agreements and Other Documents. As of the Closing Date, Borrower has provided to Lender Agent or its counsel counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any it is subject and each of which are listed on Disclosure Schedule (3.213.22): (1) supply agreements and purchase agreements not terminable by Borrower within sixty (60) days following written notice issued by Borrower and involving transactions in excess of $1,000,000 per annum; (2) any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $250,000 500,000 per annum; (3) licenses and permits held by the Borrower, the absence of which could be reasonably likely to have a Material Adverse Effect; (4) instruments or documents evidencing Indebtedness of Borrower and any security interest (or applicable equivalent thereof) granted by Borrower with respect thereto; and (5) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of Borrower.