Common use of Effect of Other Instruments Clause in Contracts

Effect of Other Instruments. Neither the Company nor any Subsidiary is bound by any agreement or instrument or subject to any charter or other corporate restriction which materially and adversely affects the business, properties, operations, or condition, financial or otherwise, of the Company and its Subsidiaries taken as a whole or the Company's ability to perform its obligations under this Agreement or the Notes.

Effect of Other Instruments. Neither the Company nor any Subsidiary of its Subsidiaries is bound by any agreement or instrument or subject to any charter or other corporate restriction which which, materially and adversely affects the business, properties, operations, or financial (whether the same be immediate or reasonably expected in the future) condition, financial or otherwise, of the Company and its Subsidiaries taken as a whole or the Company's ability to perform its obligations under this Agreement or the Noteswhole.

Effect of Other Instruments. Neither the Company nor any Subsidiary is bound by any agreement or instrument or subject to any charter or other corporate restriction which (i) in any way restricts the Company's ability to perform its obligations under this Agreement or the Notes or any Subsidiary's ability to pay dividends or make advances to the Company or (ii) materially and adversely affects the business, properties, profits, prospects, operations, or condition, financial or otherwise, of the Company and its Subsidiaries Subsidiaries, taken as a whole or the Company's ability to perform its obligations under this Agreement or the Noteswhole.

Effect of Other Instruments. Neither the Company nor any Subsidiary is bound by any agreement or instrument or subject to any charter or other corporate restriction which materially and adversely affects the business, properties, operations, or condition, financial or otherwise, of the Company and its Subsidiaries taken as a whole or whole, the Company's ability to perform its obligations under this Agreement Agreement, the Security Documents or the Notes, or any Subsidiary Guarantor's ability to perform its obligations under its Subsidiary Guarantee or under any Security Document to which it is a party.

Effect of Other Instruments. Neither the Company nor any --------------------------- Subsidiary is bound by any agreement or instrument or subject to any charter or other corporate restriction which materially and adversely affects the business, properties, operations, operations or condition, financial or otherwise, condition of the Company and its Subsidiaries taken as a whole or any Subsidiary or the Company's ability to perform its obligations under this Agreement or Agreement, the NotesNotes and the Warrants.

Effect of Other Instruments. Neither the Company nor any Subsidiary is bound by any agreement or instrument or subject to any charter or other corporate restriction which (i) in any way materially and adversely affects the business, properties, operations, or condition, financial or otherwise, of the Company and its Subsidiaries taken as a whole or the restricts Company's ability to perform its obligations under this Agreement or the NotesNotes or any Subsidiary's ability to pay dividends or make advances to the Company or to perform under the Guaranty or (ii) has a Material Adverse Effect.