Common use of Compliance with Private Authorizations Clause in Contracts

Compliance with Private Authorizations. Section 3.6 of the Diablo Disclosure Schedule sets forth a true, accurate and complete list and description of each Private Authorization which individually is material to the Diablo Assets or the Diablo Business. To Diablo's knowledge, and as set forth in Section 3.6 of the Diablo Disclosure Schedule, Diablo has obtained all Private Authorizations which are necessary for the ownership or operation of the Diablo Assets or the conduct of the Diablo Business which, if not obtained and maintained, could, individually or in the aggregate, materially adversely affect Diablo. All of such Private Authorizations are valid and in good standing and are in full force and effect. Diablo is not in breach or violation of, or in default in the performance, observance or fulfillment of, any such Private Authorization, and no Event exists or has occurred, which constitutes, or but for any requirement of giving of notice or passage of time or both would constitute, such a breach, violation or default, under any such Private Authorization, except for such defaults, breaches or violations as do not and will not have in the aggregate any material adverse effect on Diablo. No such Private Authorization is the subject of any pending or, to Diablo's knowledge, threatened attack, revocation or termination.