Guarantees, Contracts, etc. (a) No BORROWER owns nor holds equity or long term debt investments in, has any outstanding advances to, or serves as guarantor, surety or accommodation maker for the obligations of, or has any outstanding borrowings from, any Person except as described in SCHEDULE 2 hereto. (b) No BORROWER is a party to any contract or agreement, or subject to any charter or other corporate restriction, which unduly materially and adversely affects its business, financial condition, Property or prospects. (c) Except as otherwise specifically provided in this Agreement, no BORROWER has agreed or consented to cause or permit any of the Collateral to be subject in the future (upon the happening of a contingency or otherwise) to a lien or encumbrance not permitted by this Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (Vistacare, Inc.), Loan and Security Agreement (Vistacare Inc)
Guarantees, Contracts, etc. (a) No BORROWER Borrower owns nor holds partnership interests or equity or long term debt investments in, has any outstanding advances to, or serves as guarantor, surety or accommodation maker for the obligations of, or has any outstanding borrowings from, any Person except as described in SCHEDULE 2 Schedule 2.09 hereto.
(b) No BORROWER Borrower is a party to any contract or agreement, or subject to any charter or other corporate restriction, entity restriction which unduly materially and adversely affects its business, financial condition, Property or prospectscould reasonably be expected to cause a Material Adverse Effect.
(c) Except as otherwise specifically provided in this Agreement, no BORROWER Borrower has agreed or consented to cause or permit any of the Collateral whether now owned or hereafter acquired to be subject in the future (upon the happening of a contingency or otherwise) to a lien or encumbrance not permitted by this Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Clarient, Inc), Credit Agreement (Clarient, Inc)
Guarantees, Contracts, etc. (a) No BORROWER Neither Borrower owns nor holds equity or long term debt investments in, has any outstanding advances to, or serves as guarantor, surety or accommodation maker for the obligations of, or has any outstanding borrowings from, any Person except as described in SCHEDULE 2 heretoExhibit "5.10", attached hereto and a made part hereof.
(b) No BORROWER Neither Borrower is a party to any contract or agreement, or subject to any charter or other corporate restriction, which unduly materially and adversely affects its business, financial condition, Property or prospects.
(c) Except as otherwise specifically provided in this Agreement, no BORROWER neither Borrower has agreed or consented to cause or permit any of the Collateral whether now owned or hereafter acquired to be subject in the future (upon the happening of a contingency or otherwise) to a lien or encumbrance Lien not permitted by this Agreement.
Appears in 2 contracts
Sources: Loan and Security Agreement (Bankvest Capital Corp), Loan and Security Agreement (Capital Associates Inc)
Guarantees, Contracts, etc. (a) No BORROWER Borrower owns nor or holds equity or long term debt investments in, has any outstanding advances to, or serves as guarantor, surety or accommodation maker for the obligations ofof any Person, or has entered into any outstanding borrowings fromleases for real or personal Property (whether as landlord or tenant), any Person except as described in SCHEDULE 2 heretoshown on Schedule "4.10", attached hereto and made part hereof.
(b) No BORROWER Borrower is a party to any contract or agreement, or subject to any charter or other corporate restriction, which unduly materially and adversely affects its business, financial condition, Property has or prospectscould have a Material Adverse Effect.
(c) Except as otherwise specifically provided in this Agreement, no BORROWER Borrower has agreed or consented to cause or permit any of the Collateral its Property whether now owned or hereafter acquired to be subject in the future (upon the happening of a contingency or otherwise) ), to a lien or encumbrance Lien not permitted by this Agreement.
Appears in 1 contract
Guarantees, Contracts, etc. (a) No BORROWER owns nor holds Borrower does not own or hold partnership interests or equity or long long-term debt investments in, has nor does it have any outstanding advances to, or serves serve as guarantor, surety or accommodation maker for the obligations of, or has have any outstanding borrowings from, any Person except as described in SCHEDULE 2 Schedule 5.11 hereto.
(b) No BORROWER Borrower is not a party to any contract or agreement, or subject to any charter or other corporate entity restriction, which unduly materially and adversely affects its business, financial condition, Property or prospectscould reasonably be expected to cause a Material Adverse Effect.
(c) Except as otherwise specifically provided in this Agreement, no BORROWER Borrower has not agreed or consented to cause or permit any of the Collateral whether now owned or hereafter acquired to be subject in the future (upon the happening of a contingency or otherwise) to a lien Lien or encumbrance not permitted by this Agreement.
Appears in 1 contract
Guarantees, Contracts, etc. (a) No BORROWER Borrower owns nor holds partnership interests or equity or long term debt investments in, has any outstanding advances to, or serves as guarantor, surety or accommodation maker for the obligations of, or has any outstanding borrowings from, any Person except as described in SCHEDULE 2 hereto.
(b) No BORROWER Borrower is a party to any contract or agreement, or subject to any charter or other corporate entity restriction, which unduly materially and adversely affects its business, financial condition, Property or prospects.
(c) Except as otherwise specifically provided in this Agreement, no BORROWER Borrower has agreed or consented to cause or permit any of the Collateral whether now owned or hereafter acquired to be subject in the future (upon the happening of a contingency or otherwise) to a lien or encumbrance not permitted by this Agreement.
Appears in 1 contract
Guarantees, Contracts, etc. (a) No BORROWER owns nor holds Borrower does not own or hold equity or long term debt investments in, has have any outstanding advances to, or serves serve as guarantor, surety or accommodation maker for the obligations of, or has have any outstanding borrowings from, any Person except as described in SCHEDULE 2 hereto.Person, or has entered into any
(b) No BORROWER Borrower is not a party to any contract or agreement, or subject to any charter or other corporate restriction, which unduly materially and adversely affects its business, financial condition, Property has or prospectscould have a Material Adverse Effect.
(c) Except as otherwise specifically provided in this Agreement, no BORROWER Borrower has not agreed or consented to cause or permit any of the Collateral its Property whether now owned or hereafter acquired to be subject in the future (upon the happening of a contingency or otherwise) to a lien or encumbrance Lien not permitted by this Agreement.
Appears in 1 contract
Sources: Loan and Security Agreement (Ecc International Corp)
Guarantees, Contracts, etc. (a) No BORROWER Borrower owns nor holds equity or long term debt investments in, has any outstanding advances to, or serves as guarantor, surety or accommodation maker for the obligations of, or has any outstanding borrowings fromfrom or other Indebtedness owing to, any Person except as described in SCHEDULE Schedule 2 hereto.
(b) No BORROWER Borrower is a party to any contract or agreement, or subject to any charter or other corporate restriction, which unduly materially and adversely affects its business, financial condition, Property or prospectswould be reasonably likely to cause a Material Adverse Effect.
(c) Except as otherwise specifically provided in this Agreement, no BORROWER Borrower has agreed or consented to cause or permit any of the Collateral whether now owned or hereafter acquired to be subject in the future (upon the happening of a contingency or otherwise) to a lien or encumbrance not permitted by this Agreement.
Appears in 1 contract
Sources: Loan and Security Agreement (Healthessentials Solutions Inc)
Guarantees, Contracts, etc. (a) No BORROWER Borrower owns nor holds partnership interests or equity or long term debt investments in, has any outstanding advances to, or serves as guarantor, surety or accommodation maker for the obligations of, or has any outstanding borrowings from, any Person except as described in SCHEDULE Schedule 2 hereto.
(b) No BORROWER Borrower is a party to any contract or agreement, or subject to any charter or other corporate entity restriction, which unduly materially and adversely affects its business, financial condition, Property or prospects.
(c) Except as otherwise specifically provided in this Agreement, no BORROWER Borrower has agreed or consented to cause or permit any of the Collateral whether now owned or hereafter acquired to be subject in the future (upon the happening of a contingency or otherwise) to a lien or encumbrance not permitted by this Agreement.
Appears in 1 contract
Sources: Loan and Security Agreement (New York Health Care Inc)
Guarantees, Contracts, etc. (a) No BORROWER owns nor holds a. Borrower does not own or hold equity or long term debt investments in, has have any outstanding advances to, or serves serve as guarantor, surety or accommodation maker for the obligations ofof any Person, and has not entered into any leases for real or has any outstanding borrowings frompersonal Property (whether as landlord or tenant), any Person except as described in SCHEDULE 2 heretoshown on Schedule "5.10", attached hereto and made part hereof.
(b) No BORROWER b. Borrower is not a party to any contract or agreement, or subject to any charter or other corporate restriction, which unduly materially and adversely affects its business, financial condition, Property has or prospectscould have a Material Adverse Effect.
(c) c. Except as otherwise specifically provided in this Agreement, no BORROWER Borrower has not agreed or consented to cause or permit any of the Collateral its Property whether now owned or hereafter acquired to be subject in the future (upon the happening of a contingency or otherwise) ), to a lien or encumbrance Lien not permitted by this Agreement.
Appears in 1 contract
Sources: Loan and Security Agreement (Blonder Tongue Laboratories Inc)