Compliance of Agreement. Notes, Loan Documents and Borrowing with Laws, Etc. Except as set forth on Schedule 8.1(f), the execution, delivery and performance of this Agreement and each of the other Loan Documents in accordance with their respective terms, the borrowings hereunder and consummation of the Recapitalization do not and will not, by the passage of time, the giving of notice or otherwise, (i) require any Governmental Approval or violate any Applicable Law relating to any Loan Party or of any of its Subsidiaries, (ii) conflict with, result in a breach of or constitute a default under the articles or certificate of incorporation or bylaws, or other constituent documents, of any Loan Party or of any of its Subsidiaries, (iii) conflict with, result in a breach of or constitute a default under any material provisions of any indenture, agreement or other instrument to which any Loan Party or of any of its Subsidiaries is a party or by which any Loan Party or any of its Subsidiaries or its respective property may be bound or any Governmental Approval relating to any Loan Party or any of its Subsidiaries, or (iv) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by any Loan Party or of any of its Subsidiaries other than the Security Interest.
Appears in 1 contract
Compliance of Agreement. Notes, Loan Documents and Borrowing with Laws, Etc. Except as set forth on Schedule 8.1(fSCHEDULE 6.1(E), the execution, delivery and performance of this Agreement and each of the other Loan Documents in accordance with their respective terms, terms and the borrowings hereunder and consummation of the Recapitalization do not and will not, by the passage of time, the giving of notice or otherwise,
, (i) require any Governmental Approval or violate any Applicable Law relating to any Loan Party Obligor or of any of its Subsidiaries,
, (ii) conflict with, result in a breach of or constitute a default under the articles or certificate of incorporation or bylaws, or other constituent documents, by-laws of any Loan Party Obligor or of any of its Subsidiaries,
, (iii) conflict with, result in a breach of or constitute a default under any material provisions of any indenture, agreement or other instrument to which any Loan Party Obligor or of any of its Subsidiaries is a party or by which any Loan Party Obligor or any of its Subsidiaries or its respective any of an Obligor's or such Subsidiaries' property may be bound or any Governmental Approval relating to any Loan Party an Obligor or any of its Subsidiaries, or
or (iv) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by any Loan Party Obligor or of any of its Subsidiaries other than the Security Interest.
Appears in 1 contract
Compliance of Agreement. Notes, Loan Documents and Borrowing with Laws, Etc. Except as set forth on Schedule 8.1(fSCHEDULE 7.1(F), the execution, delivery and performance of this Agreement and each of the other Loan Documents in accordance with their respective terms, terms and the borrowings hereunder and consummation of the Recapitalization do not and will not, by the passage of time, the giving of notice or otherwise,
(i) require any Governmental Approval or violate any Applicable Law relating to any Loan Party the Borrower or of any of its Subsidiaries,
(ii) conflict with, result in a breach of or constitute a default under the articles or certificate of incorporation or bylaws, by-laws of the Borrower or other constituent documents, of any Loan Party or of any of its Subsidiaries,
(iii) conflict with, result in a breach of or constitute a default under any material provisions of any indenture, agreement or other instrument to which any Loan Party the Borrower or of any of its Subsidiaries is a party or by which any Loan Party or the Borrower, any of its Subsidiaries or its respective any of the Borrower's or such Subsidiaries' property may be bound or any Governmental Approval relating to any Loan Party the Borrower or any of its Subsidiaries, or
(iv) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by any Loan Party or of any of its Subsidiaries the Borrower other than the Security Interest.
Appears in 1 contract
Compliance of Agreement. Notes, Loan Documents and Borrowing with Laws, Etc. Except as set forth on Schedule 8.1(f), the The execution, delivery and performance of this Agreement and each of the other Loan Documents in accordance with their respective terms, terms and the borrowings hereunder and consummation of the Recapitalization do not and will not, by the passage of time, the giving of notice or otherwise,
(i) require any material Governmental Approval or violate in any material respect any Applicable Law relating to any Loan Party a Borrower or of any of its Subsidiaries,
(ii) conflict with, result in a breach of or constitute a default under the articles or certificate of incorporation incorporation, by-laws or bylaws, any shareholders' agreement of a Borrower or other constituent documents, of any Loan Party or of any of its Subsidiaries,
(iii) conflict with, result in a breach of or constitute a default under any material provisions of any indenture, agreement or other instrument to which any Loan Party a Borrower or of any of its Subsidiaries is a party or by which any Loan Party or a Borrower, any of its Subsidiaries or its respective any of any Borrower's or such Subsidiaries' property may be bound or any material Governmental Approval relating to any Loan Party a Borrower or any of its Subsidiaries, or
(iv) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by any Loan Party or of any of its Subsidiaries Borrower other than the Security Interest.
Appears in 1 contract
Samples: Loan and Security Agreement (American Tire Distributors Inc)
Compliance of Agreement. Notes, Loan Documents and Borrowing with Laws, Etc. Except as set forth on Schedule 8.1(f6.1(e), the execution, delivery and performance of this Agreement and each of the other Loan Documents in accordance with their respective terms, terms and the borrowings hereunder and consummation of the Recapitalization do not and will not, by the passage of time, the giving of notice or otherwise,
, (i) require any Governmental Approval or violate any Applicable Law relating to any Loan Party Borrower or of any of its Subsidiaries,
, (ii) conflict with, result in a breach of or constitute a default under the articles or certificate of incorporation or bylaws, or other constituent documents, by-laws of any Loan Party Borrower or of any of its Subsidiaries,
, (iii) conflict with, result in a breach of or constitute a default under any material provisions of any indenture, agreement or other instrument to which any Loan Party Borrower or of any of its Subsidiaries is a party or by which any Loan Party Borrower or any of its Subsidiaries or its respective any of a Borrower's or such Subsidiaries' property may be bound bound, or any Governmental Approval relating to any Loan Party a Borrower or any of its Subsidiaries, or
or (iv) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by any Loan Party Borrower or of any of its Subsidiaries other than the Security Interest.
Appears in 1 contract
Samples: Loan and Security Agreement (American Aircarriers Support Inc)