Common use of Material Agreements Clause in Contracts

Material Agreements. Neither any Loan Party nor any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing Indebtedness, except where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any Loan Party such Borrower nor any Restricted Subsidiary thereof is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to party, which it is a party evidencing or governing Indebtedness, except where any such default would not could reasonably be expected, individually or in the aggregate, expected to have a Material Adverse EffectEffect with respect to such Borrower.

Material Agreements. Neither any Loan Party the Borrower nor any Restricted Subsidiary is in of the Borrower shall default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement agreement, instrument or other document to which it the Borrower or such Subsidiary, as applicable, is a party or (ii) any agreement or instrument to party, which it is a party evidencing or governing Indebtedness, except where any such default would not could reasonably be expected, individually or in the aggregate, expected to have a Material Adverse Effect.

Material Agreements. Neither any Loan Party nor any of their respective Restricted Subsidiary Subsidiaries is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing IndebtednessMaterial Indebtedness except in each case, except where any such default would could not reasonably be expected, individually or expected to result in the aggregate, to have acceleration of any obligations due under such agreement or instrument or otherwise result in the cancellation or termination of such agreement or instrument or a Material Adverse Effectmaterial increase in cost thereunder.

Material Agreements. Neither any Loan Party nor any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the material obligations, covenants or conditions contained in (i) any material agreement or instrument evidencing or governing Funded Debt or (ii) any other agreement to which it is a party or party, except, in the case of this clause (ii) any agreement or instrument ), to which it is a party evidencing or governing Indebtedness, except where any the extent that such default would could not reasonably be expected, individually or expected to result in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any Loan Party the Borrower nor any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party party, which default could have a Material Adverse Effect or (ii) any agreement or instrument to which it is a party evidencing or governing Indebtedness, except where any such which default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effectconstitute an Event of Default hereunder.

Material Agreements. Neither any No Loan Party nor or any Restricted Subsidiary is in material default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to party, which it is a party evidencing or governing Indebtedness, except where any such default would not reasonably be expected, individually or expected to result in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any No Loan Party nor or any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing Indebtedness, except where any such default would not in each case, that could reasonably be expected, individually or expected to result in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any Loan Party nor any Restricted Subsidiary RestrictedSubsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations itsobligations contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument orinstrument to which it is a party evidencing or governing Indebtedness, except where any such default would defaultwould not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any Loan Party nor any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing Indebtedness, except in each case where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any Loan Party nor any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to party, which it is a party evidencing or governing Indebtedness, except where any such default would not could reasonably be expected, individually or in the aggregate, expected to have a Material Adverse Effect.

Material Agreements. Neither any No Loan Party nor any Restricted Subsidiary of the Borrower is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party party, which default could reasonably be expected to have a Material Adverse Effect or (ii) any agreement or instrument to which it is a party evidencing or governing Material Indebtedness, except where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any No Loan Party nor or any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing Material Indebtedness, except where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any Loan Party nor any Restricted Subsidiary RestrictedSubsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations itsobligations contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing Indebtedness, except where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.or-77-

Material Agreements. Neither any Except as set forth on Schedule 3.12, no Loan Party nor or any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the material obligations, covenants or conditions contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing Material Indebtedness, except where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any the Borrowerany Loan Party nor any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to party, which it is a party evidencing or governing Indebtedness, except where any such default would not could reasonably be expected, individually or in the aggregate, expected to have a Material Adverse Effect.

Material Agreements. Neither any No Loan Party nor any Restricted Subsidiary of the Subsidiaries is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement agreement, instrument or other undertaking to which it such Person is a party or (ii) any agreement or instrument to by which it or any of its property is a party evidencing or governing Indebtedness, except where bound in any such default would not respect that could reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.expected 92

Material Agreements. Neither any No Loan Party nor or any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing Material Indebtedness, except where in any such case of (i) or (ii) above, which default would not could reasonably be expected, individually or in the aggregate, expected to have a Material Adverse Effect.

Material Agreements. Neither any Except as set forth on Schedule 3.12, no Loan Party nor or any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing Indebtedness, except where any such in each case, which default would not reasonably be expected, individually or expected to result in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any No Loan Party nor or any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party party, other than defaults which could not reasonably be expected to have a Material Adverse Effect, or (ii) any agreement or instrument to which it is a party evidencing or governing Indebtedness, except where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any No Loan Party nor or any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations the obligations, covenants or conditions contained in (i) any material agreement to which it is a party party, except in each case as would not reasonably expected to have a Material Adverse Effect, or (ii) any agreement or instrument to which it is a party evidencing or governing Material Indebtedness, except where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. Neither any Loan Party nor any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing Indebtedness, except where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.it

Material Agreements. Neither any Loan Party nor any Restricted RestrictedSECTION 3.14 Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations contained in (i) any material agreement to which it is a party or (ii) any agreement or instrument to which it is a party evidencing or governing Indebtedness, except where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect. Solvency.

Material Agreements. Neither any Loan Party nor any Restricted Subsidiary is in default in any material respect in the performance, observance or fulfillment of any of its obligations contained in (i) any material agreement to which it is a party or (ii) any agreement or --66- instrument to which it is a party evidencing or governing Indebtedness, except where any such default would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect.