Common use of Material Agreements Clause in Contracts

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. Neither the Company it nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company it nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party party, which default could have a Material Adverse Effect or (including ii) any agreement or instrument evidencing or governing Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction the compliance with which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (a) any agreement to which it is a party party, which default could reasonably be expected have a Material Adverse Effect or (including b) any agreement or instrument evidencing or governing Material Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or (ii) any agreement or instrument evidencing or governing Indebtedness.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement or instrument to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or (ii) any agreement or instrument evidencing or governing Indebtedness.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which that could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (a) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or (b) any Material Indebtedness Agreement.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (a) any agreement to which it is a party party, which default might have a Material Adverse Effect or (including b) any agreement or instrument evidencing or governing Indebtedness), which default could reasonably be expected to have a Material Adverse EffectLiabilities.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or any agreement or instrument evidencing or governing Indebtedness, including but not limited to any of the Loan Documents.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement (other than agreements or instruments evidencing or governing Indebtedness) to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. Neither the Company nor any Restricted Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Restricted Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or (ii) any agreement or instrument evidencing or governing Indebtedness.

Material Agreements. Neither the Company it nor any Subsidiary is a party to any ------------------- agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company it nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or (ii) any agreement or instrument evidencing or governing Indebtedness, which in each case would constitute a Default hereunder.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which the existence or performance of which, or compliance with which, could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. Neither the Company Industries nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company Industries nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. Neither the Company nor any Subsidiary thereof is a party to any agreement or instrument or subject to any charter or other corporate corporate, partnership or limited liability company restriction which could would reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary thereof is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could would reasonably be expected to have a Material Adverse EffectEffect or (ii) any Material Indebtedness Agreement.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (a) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or (b) any Material Indebtedness agreement."

Material Agreements. Neither the Company Group nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company Group nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (a) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or (b) any agreement or instrument evidencing or governing any Material Indebtedness.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or (ii) any agreement or instrument evidencing or governing Indebtedness, including but not limited to any of the Loan Documents.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could that would reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could default, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (a) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or (b) any agreement or instrument evidencing or governing Indebtedness, including but not limited to any of the Loan Documents.

Material Agreements. Neither the Company nor any Restricted Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Restricted Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse Effect.Effect or (ii) any agreement or instrument evidencing or governing Indebtedness

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effectmaterially and adversely affecting its business, properties or assets, operations or condition (financial or otherwise). Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party party, which default might have a Material Adverse Effect or (including ii) any agreement or instrument evidencing or governing Indebtedness)Indebtedness of the Company or any Subsidiary, which default could reasonably be expected to might have a Material Adverse Effect.

Material Agreements. Neither the Company it nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither the Company it nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party (including any agreement or instrument evidencing or governing Indebtedness)party, which default could reasonably be expected to have a Material Adverse EffectEffect or (ii) any agreement or instrument evidencing or governing Material Indebtedness.

Material Agreements. Neither the Company nor any Subsidiary is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to might have a Material Adverse Effect. Neither the Company nor any Subsidiary is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any agreement to which it is a party party, which default might have a Material Adverse Effect or (including ii) any agreement or instrument evidencing or governing Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.