Common use of Conflicting or Adverse Agreements or Restrictions Clause in Contracts

Conflicting or Adverse Agreements or Restrictions. Neither the Company nor any Subsidiary is a party to any contract or agreement or subject to any restriction which materially and adversely affects the business or assets or financial condition of the Company and the Subsidiaries when taken as a whole. Neither the execution nor delivery of this Agreement or the Notes nor compliance with the terms and provisions hereof or of the Notes or any of the Security Documents will be contrary to the provisions of, or constitute a default under, the charter or by-laws of the Company or any Subsidiary or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any agreement or instrument to which the Company or any Subsidiary is a party or by which it is bound or to which it is subject.