Defaults and Consents Sample Clauses

Defaults and Consents. MedCath is not in default under, nor has any event occurred which, with notice or the lapse of time or action by a third party, could result in a default under, any outstanding indenture, mortgage, contract, lease or agreement to which MedCath is a party or by which MedCath may be bound and which is material to the operations of MedCath and its subsidiaries taken as a whole, or under any provision of the Articles of Incorporation, Bylaws, or other governing documents of MedCath. The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated by this Agreement will not (i) constitute a violation of or a default under, or a conflict with, (A) any term or provision of the Articles of Incorporation, Bylaws, or other governing documents of MedCath or (B) any order, writ, injunction or decree of any court, governmental agency or arbitration tribunal, or (C) any contract, commitment, indenture, lease, sublease or other agreement, or (D) any other restriction of any kind to which MedCath is a party or by which MedCath is bound; (ii) cause, or give any party grounds to cause (with or without notice, the passage of time or both) the maturity of any liability or obligation of MedCath to be accelerated, or increase any such liability or obligation or (iii) other than the consent of bankers, filings with respect to the registration of the Common Stock, and filings under the Xxxx-Xxxxx-Xxxxxx Antitrust Improvements Act, require any consent, approval or authorization of, or declaration, filing or registration with any governmental or regulatory authority.
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Defaults and Consents. Except as disclosed in Schedule 5.10, Company, to the best of its knowledge, is not in default under, nor has any event occurred which, with notice or the lapse of time or action by a third party, could result in a default under any outstanding indenture, mortgage, contract, lease or agreement to which Company is a party or by which Company may be bound or under any provision of the Articles of Incorporation, Bylaws, or other governing documents of Company. The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated by this Agreement will not (a) result in a significant liability to Company other than is contemplated by or related to this Agreement; (b) constitute a violation of or a default under, or a conflict with, (i) any term or provision of the Articles of Incorporation, Bylaws, or other governing documents of Company or (ii) any order, writ, injunction or decree of any court, governmental agency or arbitration tribunal, or (iii) any material contract, commitment, indenture, lease, sublease or other agreement, or (iv) any other restriction of any kind to which Company is a party or by which Company is bound; (c) cause, or give any party grounds to cause (with or without notice, the passage of time or both) the maturity of any liability or obligation of Company to be accelerated, or increase any such liability or obligation; or (d) require any consent, approval or authorization of, or declaration, filing or registration with any governmental or regulatory authority.
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Defaults and Consents. 8 SECTION 3.10 Litigation, Etc .................................................................... 9 SECTION 3.11 Court Orders, Decrees and Laws ..................................................... 9 SECTION 3.12 Taxes .............................................................................. 9 SECTION 3.13 Authority, Binding Effect........................................................... 10 SECTION 3.14
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Defaults and Consents. Except as disclosed in Schedule 3.9, Practice is not in default under, nor has any event occurred which, with notice or the lapse of time or action by a third party, could result in a default under, any outstanding indenture, mortgage, contract, lease or agreement to which Practice is a party or by which Practice may be bound or under any provision of the Articles of Incorporation, Bylaws, or other governing documents of Practice. The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated by this Agreement will not (a) result in a significant liability to Practice; (b) constitute a violation of or a default under, or a conflict with, (i) any term or provision of the Articles of Incorporation, Bylaws, or other governing documents of Practice or (ii) any order, writ, injunction or decree of any court, governmental agency or arbitration tribunal, or (iii) any contract, commitment, indenture, lease, sublease or other agreement, or (iv) any other restriction of any kind to which Practice is a party or by which Practice is bound; (c) cause, or give any party grounds to cause (with or without notice, the passage of time or both) the maturity of any liability or obligation of Practice to be accelerated, or increase any such liability or obligation; or (d) require any consent, approval or authorization of, or declaration, filing or registration with any governmental or regulatory authority.
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Defaults and Consents. (a) Except as otherwise set forth in Schedule 3.04 hereto, the execution and delivery of this Agreement and the Collateral Agreements by each Seller and the performance by each Seller of its obligations hereunder and thereunder will not violate any Legal Requirement or any indenture, agreement or other instrument to which any Seller or DCA is a party, or by which the properties or assets of any Seller or DCA are bound or affected, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under, any such indenture, agreement or other instrument, in each case except to the extent that such violation, default or breach could not reasonably be expected to materially delay or otherwise significantly impair the ability of the parties to consummate the transactions contemplated hereby.
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Defaults and Consents. 1. The vote of a prescribed portion of the outstanding limited partner interests in each Merging Partnership is necessary to authorize the Merger. Litho and Texas Litho interpret the agreement of limited partnership for ESWL to require the vote of two-thirds in interest of the ESWL limited partners. Such interpretation is reasonable in the opinion of Litho and Texas Litho, but an argument can be made that a greater voting requirement applies. As of the date of this Agreement, no such claims are pending or, to the knowledge of Litho and Texas Litho, threatened.
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Defaults and Consents. Practice is not in default under, nor has any event occurred which, with notice or the lapse of time or action by a third party, could result in a default under, any outstanding indenture, mortgage, contract, lease or agreement to which Practice is a party or by which Practice may be bound or under any provision of the Articles of Incorporation, Bylaws, or other governing documents of Practice. The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated by this Agreement will not (a) result in a significant liability to Practice; (b) constitute a violation of or a default under, or a conflict with, (i) any term or provision of the Articles of Incorporation, Bylaws, or other governing documents of Practice or (ii) any order, writ, injunction or decree of any court, governmental agency or arbitration tribunal, or (iii) any contract, commitment, indenture, lease, sublease or other agreement, or (iv) any other restriction of any kind to which Practice is a party or by which Practice is bound; (c) cause, or give any party grounds to cause (with or without notice, the passage of time or both) the maturity of any liability or obligation of Practice to be accelerated, or increase any such liability or obligation; or (d) require any consent, approval or authorization of, or declaration, filing or registration with any governmental or regulatory authority.
Sample 1
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Defaults and Consents. The Seller is not in default under any outstanding indenture, mortgage, contract, lease or agreement to which Seller is a party or by which Seller may be bound, which default could have a material adverse effect on the Assets.
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Related to Defaults and Consents

  • Authorizations and Consents No authorization, consent, approval, exemption, franchise, permit or license of, or filing with, any governmental or public authority or any third party is required to authorize, or is otherwise required in connection with the valid execution and delivery by the Borrower of this Agreement, the Notes, and the Security Instruments, or any other instrument contemplated hereby, the repayment by the Borrower of advances against the Notes and interest and fees provided in the Notes and this Agreement, or the performance by the Borrower of its obligations under any of the foregoing.

  • Agreements and consents The Participant agrees to enter into any document and/or make any representations as may be required from time to time by the Company, the Employer or any Affiliates, such that the Company or its Affiliates is able to fulfill its obligations and can rely on any necessary exemptions under securities laws and/or can make any necessary filings under local securities laws.

  • Filings and Consents As promptly as practicable after the execution of this Agreement, each party to this Agreement (a) shall make all filings (if any) and give all notices (if any) required to be made and given by such party in connection with the Merger and the other transactions contemplated by this Agreement, and (b) shall use all commercially reasonable efforts to obtain all Consents (if any) required to be obtained (pursuant to any applicable Legal Requirement or Contract, or otherwise) by such party in connection with the Merger and the other transactions contemplated by this Agreement. The Company shall (upon request) promptly deliver to Parent a copy of each such filing made, each such notice given and each such Consent obtained by the Company during the Pre-Closing Period.

  • Authorization and Consents All necessary corporate action has been taken to authorize, and all necessary consents and authorities have been obtained and remain in full force and effect to permit, each Security Party to enter into and perform its obligations under this Agreement, the Note and the Security Documents and, in the case of the Borrower to borrow, service and repay the Facility and, as of the date of this Agreement, no further consents or authorities are necessary for the service and repayment of the Facility or any part thereof;

  • Governmental Filings and Consents All material governmental filings, consents, orders and approvals legally required to be filed or made by the Company for the consummation of the transactions contemplated hereby shall have been made or obtained and shall be in full force and effect.

  • Acknowledgements and Consents Each of the parties hereby acknowledges and consents to the following:

  • Waivers and Consents The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by a written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent shall be deemed to be or shall constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent shall be effective only in the specific instance and for the purpose for which it was given, and shall not constitute a continuing waiver or consent.

  • Amendments and Consents This Agreement may be modified or amended only by the Member.

  • Governmental Authorizations and Consents Each Credit Party shall have obtained all Governmental Authorizations and all consents of other Persons, in each case that are necessary or advisable in connection with the transactions contemplated by the Credit Documents and each of the foregoing shall be in full force and effect and in form and substance reasonably satisfactory to Administrative Agent. All applicable waiting periods shall have expired without any action being taken or threatened by any competent authority which would restrain, prevent or otherwise impose adverse conditions on the transactions contemplated by the Credit Documents or the financing thereof and no action, request for stay, petition for review or rehearing, reconsideration, or appeal with respect to any of the foregoing shall be pending, and the time for any applicable agency to take action to set aside its consent on its own motion shall have expired.

  • Permits and Consents The Loan Parties shall have obtained all Permits and all consents of other Persons, in each case that are necessary to be obtained to authorize the Loan Parties to execute the Signing Date Loan Documents, and each of the foregoing shall be in full force and effect and in form and substance reasonably satisfactory to the Required Lenders.

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