DEFAULT UNDER AGREEMENTS. The consummation of the transactions contemplated hereby shall not cause the Company to be in default under any material agreement or instrument to which it is a party or by which it or any of its properties are bound, the result of which could have a Company Material Adverse Effect.
DEFAULT UNDER AGREEMENTS. Seller has received no written notice of any failure to comply with the requirements of: (i) any insurance policy insuring the Property; (ii) any board of fire underwriters or other body exercising similar functions; or (iii) any mortgage securing the Property, which failure has not been cured. Further, Seller has received no written notice from any insurer advising Seller of a condition on the Property which would render any insurance policy void or voidable.
DEFAULT UNDER AGREEMENTS. WCEH is not:
(a) in default under a material agreement or arrangement to which it is a party, or in respect of another material obligation or restriction by which it is bound;
(b) liable in respect of an express warranty.
DEFAULT UNDER AGREEMENTS. The Debtor will not default under any provision of any Loan Document or any other agreement (“External Agreement”) which creates a security interest in or otherwise affects the Collateral if such default under an External Agreement could reasonably be expected to have a Material Adverse Effect. The Debtor will give to the Secured Party notice of any default by the Debtor under any Agreement or any other agreement which creates a security interest in or otherwise affects the Collateral, promptly upon becoming aware of the occurrence of such default, if such default could reasonably be expected to have a Material Adverse Effect, but in all events, if the Debtor is aware of such default, in sufficient time to afford the Secured Party an opportunity to cure any such default prior to any other party to any Agreement or any such other agreement terminating or otherwise enforcing its rights and remedies under the Agreement or such other agreement.
DEFAULT UNDER AGREEMENTS. (i) If the Company defaults under the Secured Covertible Note, the subscription agreement under which the Secured Covertible Note is subscribed, or any agreement which are schedules to the foregoing; or
(ii) if the Company defaults under any secured debt obligations of the Company other than the Secured Covertible Note.
DEFAULT UNDER AGREEMENTS. (a) The Company is not, and will not, with the lapse of time, or by the execution of this Agreement, become:-
(i) in default under any agreement or covenant to which it is a party or in respect of any other obligations or restrictions binding upon it;
(ii) in default under any obligations existing by reason of membership of any association or body; or
(iii) liable in respect of any representation or warranty (whether express or implied) or any matter giving rise to a duty of care on its part.
(b) No party to any agreement with the Company is in default under it, to a degree which is or would be material in the context of the Company's financial or trading position and there are no circumstances likely to give rise to such a default.
DEFAULT UNDER AGREEMENTS. 11.1 No event has occurred or is likely to occur which constitutes or would constitute a default under, or result in the acceleration by reason of default of, any obligations under any agreement, undertaking, instrument or arrangement to which any Group Company is a party or by which it or any of its properties, revenues or assets are bound and which would in any such case entitle the other party(ies) to terminate such agreement, undertaking, instrument or arrangement or have a material adverse effect on the business, assets, prospects or financial or trading condition of such Group Company.
11.2 None of the Acquisition, the Placing or Admission will result in any breach of any agreement or arrangement to which any Group Company is a party or by which such company or any of its property is bound and will not breach the terms of any contract or legal obligation binding on any Group Company, or result in the imposition or variation of any rights or obligations of any Group Company.
11.3 None of the creation, allotment and issue of the Consideration Shares and the Placing Shares and/or Admission, nor the performance of this Agreement by the Company will infringe or exceed any borrowing limits, powers or restrictions of, or the terms of any contract, indenture, security obligation, commitment, applicable law, regulation or arrangement binding on any member of the Group.
DEFAULT UNDER AGREEMENTS. An "Event of Default" (as therein defined) shall occur with respect to (i) the performance or observance by the Borrower or MI or any Subsidiary of the Borrower of any of its or their obligations under any of the Credit Documents to which any of them is a party or (ii) the performance or observance by any Guaranteeing Affiliate of any of its or their obligations under a Guaranty; or
DEFAULT UNDER AGREEMENTS. 27 (h) Approval by Board of Directors of Buyer................................................... 27 (i) Evidence of Corporate Authority........................................................... 27 (j) Key Employees and Other Transferred Employees............................................. 27 (k) Change of Name............................................................................ 28 (l)
DEFAULT UNDER AGREEMENTS. The consummation of the transactions contemplated hereby shall not cause Seller to be in default under any material contract relating to any of the Acquired Assets.
