Common use of Material Adverse Change, etc Clause in Contracts

Material Adverse Change, etc. Since December 31, 1998, nothing shall have occurred (and the Banks shall have become aware of no facts or conditions not previously known) which the Agent or the Required Banks shall determine (a) could reasonably be expected to have a material adverse effect on the rights or remedies of the Banks or the Agent, or on the ability of the Borrower or any of its Subsidiaries to perform their obligations to the Agent and the Banks under this Agreement or any other Credit Document, (b) could reasonably be expected to have a materially adverse effect on the performance, business, assets, nature of assets, liabilities, operations, properties, condition (financial or otherwise) or prospects of the Borrower and its Subsidiaries taken as a whole, (c) indicates the inaccuracy in any material respect of the information previously provided to the Agent or the Banks (taken as a whole) in connection with their analysis of the transactions contemplated hereby or indicates that the information previously provided omitted to disclose any material information or (d) could reasonably be expected to have a materially adverse effect on the financial, banking, or capital markets for the market for senior syndicated debt financings for leveraged transactions generally.

Appears in 1 contract

Samples: And Assumption Agreement (Vantas Inc)

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Material Adverse Change, etc. Since December 31February 7, 19981997, nothing shall have occurred (and the Banks shall have become aware of no facts or conditions not previously known) which the Agent or the Required Banks shall determine (a) could reasonably be expected to have a material adverse effect on the rights or remedies of the Banks or the Agent, or on the ability of the Borrower or any of its Subsidiaries to perform their obligations to the Agent and the Banks under this Agreement or any other Credit Document, (b) could reasonably be expected to have a materially adverse effect on the performance, business, assets, nature of assets, liabilities, operations, properties, condition (financial or otherwise) or prospects of the Borrower and its Subsidiaries taken as a whole, (c) indicates the inaccuracy in any material respect of the information previously provided to the Agent or the Banks (taken as a whole) in connection with their analysis of the transactions contemplated hereby or indicates that the information previously provided (taken as a whole) omitted to disclose any material information or (d) could reasonably be expected to have a materially adverse effect on the financial, banking, or capital markets for the market for senior syndicated debt financings for leveraged transactions generally.

Appears in 1 contract

Samples: Credit Agreement (Moovies Inc)

Material Adverse Change, etc. Since December 31, 1998, nothing shall have occurred (and the Banks shall have become aware of no facts or conditions not previously known) which the Agent Agents or the Required Banks shall reasonably determine (a) could reasonably be expected to have a material adverse effect on the rights or remedies of the Banks or the AgentAgents, or on the ability of the Borrower Holdings or any of its Subsidiaries to perform their obligations to the Agent Agents and the Banks under this Agreement or any other Credit Document, (b) could reasonably be expected to have a materially adverse effect on the performance, business, assets, nature of assets, liabilities, operations, properties, condition (financial or otherwise) or prospects of the Borrower Holdings and its Subsidiaries taken as a whole, whole or (c) indicates the inaccuracy in any material respect of the information previously provided to the Agent Agents or the Banks (taken as a whole) in connection with their analysis of the transactions contemplated hereby or indicates that the information previously provided omitted to disclose any material information or (d) could reasonably be expected to have a materially adverse effect on the financial, banking, or capital markets for the market for senior syndicated debt financings for leveraged transactions generallyinformation.

Appears in 1 contract

Samples: Security Agreement (Firstlink Communications Inc)

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Material Adverse Change, etc. Since December 31June 30, 19981997, nothing ---------------------------- shall have occurred (and the Banks shall have become aware of no facts or conditions not previously known) which the Agent or the Required Banks shall determine (a) could reasonably be expected to have a material adverse effect on the rights or remedies of the Banks or the Agent, or on the ability of the Borrower Holdings or any of its Subsidiaries to perform their obligations to the Agent and the Banks under this Agreement or any other Credit Document, (b) could reasonably be expected to have a materially adverse effect on the performance, business, assets, nature of assets, liabilities, operations, properties, condition (financial or otherwise) or prospects of the Borrower Holdings and its Subsidiaries taken as a whole, whole or (c) indicates the inaccuracy in any material respect of the information previously provided to the Agent or the Banks (taken as a whole) in connection with their analysis of the transactions contemplated hereby or indicates that the information previously provided omitted to disclose any material information or (d) could reasonably be expected to have a materially adverse effect on the financial, banking, or capital markets for the market for senior syndicated debt financings for leveraged transactions generallyinformation.

Appears in 1 contract

Samples: Credit Agreement (Physician Health Corp)

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