Common use of Indebtedness; Contracts; No Defaults Clause in Contracts

Indebtedness; Contracts; No Defaults. (a) Schedule 3.8 sets forth a true, complete and correct list of all material instruments, agreements, indentures, mortgages, guarantees, notes, commitments, accommodations, letters of credit or other arrangements or understandings, whether written or oral, to which the subsidiaries are a party (collectively, the "Acquisition Operating Agreements"). An agreement shall not be considered material for the purposes of this Section 3.8(a) if it provides for expenditures or receipts of less than US $100,000 and has been entered into by any subsidiary in the ordinary course of business. The Acquisition Operating Agreements constitute all of the contracts, agreements, understandings and arrangements required for the operation of the business of Acquisition or which have a material effect thereon. Copies of all such material written Acquisition Operating Agreements have previously been delivered or otherwise made available to the Company and such copies are true, complete and correct as of the date hereof. (b) Except as disclosed on Schedule 3.8, neither Acquisition or any subsidiary of Acquisition nor, to Acquisition's knowledge, any other person or entity, is not in breach in any material respect of, or in default in any material respect under, any material contract, agreement, arrangement, commitment or plan to which Acquisition or any subsidiary of Acquisition is a party, and no event or action has occurred, is pending or is threatened, which, after the giving of notice, passage of time or otherwise, would constitute or result in such a material breach or material default by such subsidiary to the knowledge of any other person or entity. No subsidiary has received any notice of default under any contract, agreement, arrangement, commitment or plan to which it is a party, which default has not been cured to the satisfaction of, or duly waived by, the party claiming such default on or before the date hereof.

Indebtedness; Contracts; No Defaults. (a) Schedule 3.8 sets forth a true, complete and correct list of all material instruments, agreements, indentures, mortgages, guarantees, notes, commitments, accommodations, letters of credit or other arrangements or understandings, whether written or oral, to which the subsidiaries are a party (collectively, the "Acquisition AAG Operating Agreements"). An agreement shall not be considered material for the purposes of this Section 3.8(a) if it provides for expenditures or receipts of less than US $100,000 and has been entered into by any subsidiary in the ordinary course of business. The Acquisition AAG Operating Agreements constitute all of the contracts, agreements, understandings and arrangements required for the operation of the business of Acquisition AAG or which have a material effect thereon. Copies of all such material written Acquisition AAG Operating Agreements have previously been delivered or otherwise made available to the Company and such copies are true, complete and correct as of the date hereof. (b) Except as disclosed on Schedule 3.8, neither Acquisition AAG or any subsidiary of Acquisition AAG nor, to AcquisitionAAG's knowledge, any other person or entity, is not in breach in any material respect of, or in default in any material respect under, any material contract, agreement, arrangement, commitment or plan to which Acquisition AAG or any subsidiary of Acquisition AAG is a party, and no event or action has occurred, is pending or is threatened, which, after the giving of notice, passage of time or otherwise, would constitute or result in such a material breach or material default by such subsidiary to the knowledge of any other person or entity. No subsidiary has received any notice of default under any contract, agreement, arrangement, commitment or plan to which it is a party, which default has not been cured to the satisfaction of, or duly waived by, the party claiming such default on or before the date hereof.

Indebtedness; Contracts; No Defaults. (a) Schedule 3.8 SCHEDULE 3.7 sets forth a true, complete and correct list of all material instruments, agreements, indentures, mortgages, guarantees, notes, commitments, accommodations, letters of credit or other arrangements or understandings, whether written or oral, to which the subsidiaries are AccessTel is a party (collectively, the "Acquisition Operating AccessTel Agreements"). An agreement shall not be considered material for the purposes of this Section 3.8(a3.7(a) if it provides for expenditures or receipts of less than US $100,000 and has been entered into by any subsidiary AccessTel in the ordinary course of business. The Acquisition AccessTel Operating Agreements constitute all of the contracts, agreements, understandings and arrangements required for the operation of the business of Acquisition AccessTel or which have a material effect thereon. Copies of all such material written Acquisition AccessTel Operating Agreements have previously been delivered or otherwise made available to the Company and such copies are true, complete and correct as of the date hereof. (b) Except as disclosed on in Schedule 3.83.7, neither Acquisition or any subsidiary of Acquisition AccessTel nor, to AcquisitionAccessTel's knowledge, any other person or entity, entity is not in breach in any material respect of, or in default in any material respect under, any material contract, agreement, arrangement, commitment or plan to which Acquisition or any subsidiary of Acquisition AccessTel is a party, and no event or action has occurred, is pending or is threatened, which, after the giving of notice, passage of time or otherwise, would constitute or result in such a material breach or material default by such subsidiary AccessTel or, to the knowledge of AccessTel, any other person or entity. No subsidiary AccessTel has not received any notice of default under any contract, agreement, arrangement, commitment or plan to which it is a party, which default has not been cured to the satisfaction of, or duly waived by, the party claiming such default on or before the date hereof.

Indebtedness; Contracts; No Defaults. (a) Item 3.5 of the Disclosure Schedule 3.8 sets forth a true, complete and correct list of all material instruments, agreements, indentures, mortgages, guarantees, notes, commitments, accommodations, letters of credit or other arrangements or understandings, whether written or oral, to which the subsidiaries are INJECTO or any Subsidiary is a party (collectively, the "Acquisition INJECTO Operating Agreements"). An agreement shall not be considered material for the purposes of this Section 3.8(a3.5(a) if it provides for expenditures or receipts of less than US $100,000 and has been entered into by any subsidiary INJECTO or a Subsidiary in the ordinary course of business. The Acquisition Operating Agreements constitute all of the contracts, agreements, understandings and arrangements required for the operation of the business of Acquisition or which have a material effect thereon. Copies of all such material written Acquisition Operating Agreements have previously been delivered or otherwise made available to the Company and such copies are true, complete and correct as of the date hereof. (b) Except as disclosed on Schedule 3.8in Item 3.5 of the Disclosure Schedule, neither Acquisition or INJECTO, any subsidiary of Acquisition Subsidiary, nor, to AcquisitionINJECTO's knowledge, any other person or entity, entity is not in breach in any material respect of, or in default in any material respect under, any material contract, agreement, arrangement, commitment or plan to which Acquisition INJECTO or any subsidiary of Acquisition Subsidiary is a party, and no event or action has occurred, is pending or is threatened, which, after the giving of notice, passage of time or otherwise, would constitute or result in such a material breach or material default by such subsidiary INJECTO or any Subsidiary or, to the knowledge of INJECTO, any other person or entity. No subsidiary Neither INJECTO nor any Subsidiary has received any notice of default under any contract, agreement, arrangement, commitment or plan to which it is a party, which default has not been cured to the satisfaction of, or duly waived by, the party claiming such default on or before the date hereof.

Indebtedness; Contracts; No Defaults. (a) Item 3.7 of the Disclosure Schedule 3.8 sets forth a true, complete and correct list of all material instruments, agreements, indentures, mortgages, guarantees, notes, commitments, accommodations, letters of credit or other arrangements or understandings, whether written or oral, to which the subsidiaries are Jilong is a party (collectively, the "Acquisition Operating Agreements"). An agreement shall not be considered material for the purposes of this Section 3.8(a3.7(a) if it provides for expenditures or receipts of less than US $100,000 500,000 and has been entered into by any subsidiary Jilong in the ordinary course of business. The Acquisition Operating Agreements constitute all of the contracts, agreements, understandings and arrangements required for the operation of the business of Acquisition telecommunication services or which have a material effect thereon. Copies of all such material written Acquisition Operating Agreements have previously been delivered or otherwise made available to the Company and such copies are true, complete and correct as of the date hereof. (b) Except as disclosed on Schedule 3.8in Item 3.7 of the Disclosure Schedule, neither Acquisition or any subsidiary of Acquisition Jilong nor, to Acquisition's Sellers' knowledge, any other person or entity, entity is not in breach in any material respect of, or in default in any material respect under, any material contract, agreement, arrangement, commitment or plan to which Acquisition or any subsidiary of Acquisition Jilong is a party, and no event or action has occurred, is pending or is threatened, which, after the giving of notice, passage of time or otherwise, would constitute or result in such a material breach or material default by such subsidiary Jilong, or, to the knowledge of the Sellers, any other person or entity. No subsidiary Jilong has not received any notice of default under any contract, agreement, arrangement, commitment or plan to which it is a party, which default has not been cured to the satisfaction of, or duly waived by, the party claiming such default on or before the date hereof.

Indebtedness; Contracts; No Defaults. (a) Item 3.6 of the Disclosure Schedule 3.8 sets forth a true, complete and correct list of all material instruments, agreements, indentures, mortgages, guarantees, notes, commitments, commitments ' accommodations, letters of credit or other arrangements or understandings, whether written or oral, to which the subsidiaries are Xxxxx is a party (collectively, the "Acquisition Xxxxx Operating Agreements"). An agreement shall not be considered material for the purposes of this Section 3.8(a3.7(a) if it provides for expenditures or receipts of less than US $100,000 $ 1 0,000 and has been entered into by any subsidiary Xxxxx in the ordinary course of business. The Acquisition Xxxxx Operating Agreements constitute all of the contracts, agreements, understandings and arrangements required for the the. operation of the business of Acquisition Xxxxx or which have a material effect thereon. Copies of all such material written Acquisition Xxxxx Operating Agreements have previously been delivered or otherwise made available to the Company and such copies are true, complete and correct as of the date hereof. (b) Except as disclosed on Schedule 3.8in Item 3.6 of the Disclosure Schedule, neither Acquisition or any subsidiary of Acquisition Xxxxx, nor, to Acquisition's PepiWs knowledge, any other person or entity, entity is not in breach in any material respect of, or in default in any material respect under, any material contract, agreement, arrangement, contrac@ agreement arrangement commitment or plan to which Acquisition or any subsidiary of Acquisition Xxxxx is a party, and no event or action has occurred, is pending or is threatened, which, after the giving of notice, passage of time or otherwise, would constitute or result in such a material breach or material default by such subsidiary Xxxxx or, to the knowledge of Xxxxx, any other person or entity. No subsidiary Xxxxx has not received any notice of default ofdefault under any contract, agreement, contrac@ agreemen@ arrangement, commitment or plan to which it is a party, which default has not been cured to the satisfaction of, or duly waived by, the party claiming such default on or before the date hereof.

Indebtedness; Contracts; No Defaults. (a) Schedule 3.8 sets Except as set forth a truein Section II.7 of the Disclosure Schedules, complete and correct list none of all material instrumentsthe Companies has any covenant, agreementsagreement, indenturescontract, mortgagesmortgage, guaranteesindenture, notesguarantee, commitmentsnote, accommodationslease, letters instrument, commitment, accommodation, letter of credit credit, arrangement, understanding, permit or other arrangements or understandingslicense, whether written or oral, to which any of the subsidiaries are Companies is a party (collectivelyparty, with respect to which any such Company has any indebtedness for borrowed money or is liable as a guarantor or otherwise for indebtedness of any third party. Other than the "Acquisition Operating Agreements"). An agreement shall not indebtedness set forth in Section II.7 of the Disclosure Schedules, which will be considered material for satisfied upon payment by Buyer of the purposes of this Section 3.8(a) if it provides for expenditures or receipts of less than US $100,000 and has been entered into by any subsidiary aggregate Payoff Amount set forth in the ordinary course of business. The Acquisition Operating Agreements constitute all Payoff Letters delivered by the Seller at Closing, each of the contracts, agreements, understandings and arrangements required for the operation Companies has no indebtedness. Those creditors listed in Section II.7 of the business of Acquisition Disclosure Schedules are the only individuals or which have a material effect thereon. Copies of all such material written Acquisition Operating Agreements have previously been delivered or otherwise made available to the Company and such copies are true, complete and correct as entities with any claims against any of the date hereofCompanies for payment of indebtedness. (b) Except as disclosed on Schedule 3.8None of the Companies, neither Acquisition or any subsidiary of Acquisition nor, to Acquisition's the Seller’s knowledge, any other person or entity, is not in breach in any material respect of, or in default under any Contract to which any of the Companies is a party in any material respect under, any material contract, agreement, arrangement, commitment or plan to which Acquisition or any subsidiary of Acquisition is a partyrespect, and no event or action has occurred, is pending or or, to the Seller’s knowledge, is threatened, which, after the giving of notice, passage of time or otherwise, would reasonably be expected to constitute or result in such a material breach or material default by such subsidiary any of the Companies or, to the knowledge of the Seller, any other person or entity. No subsidiary None of the Companies has received any written notice of default under any contract, agreement, arrangement, commitment or plan Contract to which it is a party, which default has not been cured to the satisfaction of, or duly waived by, the party claiming such default on or before the date hereof.

Indebtedness; Contracts; No Defaults. (a) Item 3.7 Of the Disclosure Schedule 3.8 sets forth a true, complete and correct list of all material instruments, agreements, indentures, mortgages, guarantees, notes, commitments, accommodations, letters of credit or other arrangements or understandings, whether written or oral, to which the subsidiaries are Jilong is a party (collectively, the "Acquisition Operating Agreements"). An agreement shall not be considered material for the purposes of this Section 3.8(a3.7(A) if it provides for expenditures or receipts of less than US us $100,000 500,000 and has been entered into by any subsidiary Jilong in the ordinary course of business. The Acquisition Operating Agreements constitute all of the contracts, agreements, understandings and arrangements required for the operation of the business of Acquisition telecommunication services or which have a material effect thereon. Copies of all such material written Acquisition Operating Agreements have previously been delivered or otherwise made available to the Company and such copies are true, complete and correct as of the date hereof. (b) Except as disclosed on Schedule 3.8in Item 3.7 Of the Disclosure Schedule, neither Acquisition or any subsidiary of Acquisition Jilong nor, to Acquisition's Sellers' knowledge, any other person or entity, entity is not in breach in any material respect of, or in default in any material respect under, any material contract, agreement, arrangement, commitment or plan to which Acquisition or any subsidiary of Acquisition Jilong is a party, and no event or action has occurred, is pending or is threatened, which, after the giving of notice, passage of time or otherwise, would constitute or result in such a material breach or material default by such subsidiary Jilong, or, to the knowledge of the Sellers, any other person or entity. No subsidiary Jilong has not received any notice of default under any contract, agreement, arrangement, commitment or plan to which it is a party, which default has not been cured to the satisfaction of, or duly waived by, the party claiming such default on or before the date hereof.