Common use of Material Contracts Clause in Contracts

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 16 contracts

Samples: Intercreditor Agreement (Fairmount Santrol Holdings Inc.), Pledge and Security Agreement (Fairmount Santrol Holdings Inc.), Credit and Guaranty Agreement (Movie Gallery Inc)

AutoNDA by SimpleDocs

Material Contracts. As of the Closing Date, Schedule 4.16 contains 3.25 sets forth a true, true and correct and complete list of all the Material Contracts currently in effect on the Closing Date, and except effect. Except as described thereonpermitted by Section 5.32, all such of the Material Contracts are in full force and effect and no material defaults currently exist thereunder.

Appears in 7 contracts

Samples: Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts Contacts are in full force and effect and to the Knowledge of Company, no defaults by the counterparties to such Material Contracts currently exist thereunder, other than any such defaults or failure to be in force and effect which could not reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Counterpart Agreement (Reliant Pharmaceuticals, Inc.), Credit and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder as of the Closing Date.

Appears in 5 contracts

Samples: Intercreditor Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Datedate hereof, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 5 contracts

Samples: Security Agreement (X Rite Inc), First Lien Credit and Guaranty Agreement (X Rite Inc), Security Agreement (X Rite Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing DateDate (other than agreements not material to the business of Holdings and its Subsidiaries taken as a whole), and except as described thereon, all such Material Contracts are in full force and effect and and, to Holdings’ knowledge, no defaults currently exist thereunderthereunder that could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Terraform Global, Inc.), Credit and Guaranty Agreement, Credit and Guaranty Agreement (TerraForm Power, Inc.)

Material Contracts. (a) Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonwhich, together with any updates provided pursuant to Section 5.1(l), all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.15 or in such updates).

Appears in 4 contracts

Samples: Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (Apellis Pharmaceuticals, Inc.), Financing Agreement (BridgeBio Pharma, Inc.)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Day International Group Inc), Credit and Guaranty Agreement (Day International Group Inc), Credit and Guaranty Agreement (Ambassadors International Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder, except any such default or failure to be in force and effect which could not reasonably be expected to result in an exercise of remedies or acceleration of the indebtedness created thereunder.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Revolving Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no material defaults currently exist thereunderthereunder as of the Closing Date.

Appears in 4 contracts

Samples: Counterpart Agreement (Arizona Chemical Ltd.), Counterpart Agreement (Arizona Chemical Ltd.), First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and as of the Closing Date, except as described thereonon Schedule 4.15, all such Material Contracts are in full force and effect and no Post-Petition defaults currently exist thereunderthereunder other than as a result of the filing of the Chapter 11 Cases (and any payment default directly related to such filing as of the Closing Date).

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Tronox Inc), Credit and Guaranty Agreement (Tronox Inc), Credit and Guaranty Agreement

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Effective Date, and except as described thereon, all such Material Contracts are in full force and effect (except to the extent terminated in accordance with the terms thereof in the ordinary course of business, and not as a direct result of a breach thereof by any Restricted Party) and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.16).

Appears in 3 contracts

Samples: Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (Madison Square Garden Co)

Material Contracts. Schedule 4.16 5.24 contains a true, correct and complete list of all the Material Contracts in effect on as of the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no material breaches, defaults or events of default currently exist thereunder.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (AdaptHealth Corp.), Credit and Guaranty Agreement (Allion Healthcare Inc), Credit and Guaranty Agreement (Allion Healthcare Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect in all material respects and no defaults currently exist thereunderthereunder (other than an immaterial breach that could not reasonably be expected to have a Material Adverse Effect).

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Purchase Agreement (Prommis Solutions Holding Corp.)

Material Contracts. Schedule 4.16 contains 4.21 sets forth as of the Closing Date a true, correct complete and complete accurate list of all the Material Contracts in effect on of each Group Member, showing the Closing Dateparties, subject matter and except as described thereon, all term thereof. Each such Material Contracts are Contract has been duly authorized, executed and delivered by all of the parties thereto, has not been amended, supplemented or otherwise modified, is in full force and effect and is binding upon and enforceable against all parties thereto in accordance with its terms, and there exists no defaults currently exist thereunderdefault under any Material Contract by any party thereto.

Appears in 3 contracts

Samples: Credit Agreement (Sanders Morris Harris Group Inc), Credit Agreement (Sanders Morris Harris Group Inc), Credit Agreement (Sanders Morris Harris Group Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder, other than any such defaults or failure to be in force and effect which could not reasonably be expected to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Amscan Holdings Inc), Credit and Guaranty Agreement (Amscan Holdings Inc), Credit and Guaranty Agreement (Amscan Holdings Inc)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder as of the Closing Date.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Digitalglobe, Inc.), Credit and Guaranty Agreement (Digitalglobe, Inc.), Credit and Guaranty Agreement (Digitalglobe Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults by any Credit Party or, to the Credit Parties’ knowledge, any other party thereto currently exist thereunder.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (NewPage CORP), Credit and Guaranty Agreement (NewPage CORP), Credit and Guaranty Agreement (NewPage CORP)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts Contracts, as of the Closing Date, are in full force and effect and no defaults currently exist thereunder.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Dura Automotive Systems Inc), Credit and Guaranty Agreement (Dura Automotive Systems Inc), Guaranty Agreement (Dura Automotive Systems Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonand, together with any updates provided pursuant to Section 5.1(l), (a) all such Material Contracts are in full force and effect and effect, (b) no defaults currently exist thereunder, and (c) each such Material Contract has not been amended, waived, or otherwise modified except as permitted under this Agreement.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Restatement Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Effective Date, and except as described thereon, all . All such Material Contracts Contracts, together with any updates provided pursuant to Section 5.1(l), are in full force and effect and effect, no noticed defaults which could give rise to a termination right if not timely cured in accordance with the relevant contracts currently exist thereunderthereunder (other than as described in Schedule 4.16 or in such updates) and to the knowledge of any Credit Party, there is no other material default under any Material Contract as of the date of this Agreement.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Vonage Holdings Corp), Third Lien Note Purchase Agreement (Vonage Holdings Corp), Credit and Guaranty Agreement (Vonage Holdings Corp)

Material Contracts. Schedule 4.16 5.23 contains a true, correct and complete list of all the Material Contracts in effect on as of the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no material breaches, defaults or events of default currently exist thereunder.

Appears in 3 contracts

Samples: Engine Lease Agreement (Mesa Air Group Inc), Credit and Guaranty Agreement (Providence Service Corp), Credit and Guaranty Agreement (Providence Service Corp)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonwhich, together with any updates provided pursuant to Section 5.1(l), all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.15 or in such updates).

Appears in 3 contracts

Samples: Loan and Security Agreement (EVO Transportation & Energy Services, Inc.), Financing Agreement (Federal Signal Corp /De/), Financing Agreement (Federal Signal Corp /De/)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all . All such Material Contracts Contracts, together with any updates provided pursuant to Section 5.1(1), are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.16 or in such updates).

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Handleman Co /Mi/), Credit and Guaranty Agreement (Proliance International, Inc.), Credit and Guaranty Agreement (Granite Broadcasting Corp)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults in any material respect currently exist thereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (American Reprographics CO), Pledge and Security Agreement (American Reprographics CO)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonwhich, together with any updates provided pursuant to Section 5.1(l), all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.16 or in such updates).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.), Credit and Guaranty Agreement (Navisite Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder as of the Closing Date.

Appears in 2 contracts

Samples: Counterpart Agreement (Isola Group Ltd.), Counterpart Agreement (Isola Group Ltd.)

Material Contracts. Schedule 4.16 4.21 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except . Except as described thereonon Schedule 4.21, all such as of the Closing Date each Material Contracts are Contract is in full force and effect and no material defaults enforceable against the Company or any of its Subsidiaries currently exist thereunder. To the best knowledge of the Company and its Subsidiaries, no party to any Material Contract intends to terminate such Material Contract.

Appears in 2 contracts

Samples: Exchange Agreement (Check Mart of New Mexico Inc), Exchange Agreement (Check Mart of New Mexico Inc)

Material Contracts. Schedule 4.16 4.15(a) contains a true, correct and complete list of all the Material Contracts in effect on the Closing DateDate (and as of the Acquisition Date after giving effect to the supplements thereto contemplated by Section 10.5(f)), and and, except as described thereonon Schedule 4.15(b), all such Material Contracts are in full force and effect and, to the actual knowledge of Holdings and Tronox US, no material defaults by Holdings or a Subsidiary (or, on the Closing Date, any other Person) currently exist thereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and, to the knowledge of Holdings and its Subsidiaries, no defaults currently exist thereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Services International LLC), Credit and Guaranty Agreement (DynCorp International Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Dateeffect, and except as described thereon, all such Material Contracts are in full force and effect and no material defaults currently exist thereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Ascend Wellness Holdings, LLC), Credit and Guaranty Agreement

Material Contracts. Schedule 4.16 4.15 contains a true, correct correct, and complete list of all the Material Contracts (including without limitation any Franchise Agreements that are Material Contracts) in effect on the Closing Date, and except as described thereon, all . All such Material Contracts, together with any additional Material Contracts notified to the Administrative Agent pursuant to Section 5.01(l), are in full force and effect and no material defaults currently exist thereunderthereunder (other than as described in Schedule 4.15 or in such updates, or as Borrower has otherwise notified the Administrative Agent).

Appears in 2 contracts

Samples: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonand, together with any updates provided pursuant to Section 5.1(l), (a) all such Material Contracts are in full force and effect and effect, (b) other than as set forth on Schedule 4.15, no defaults currently exist thereunderthereunder and (c) each such Material Contract has not been amended, waived, or otherwise modified except as permitted under this Agreement.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (REVA Medical, Inc.), Credit and Guaranty Agreement (REVA Medical, Inc.)

Material Contracts. Schedule 4.16 4.17 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder, except where the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/), Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)

Material Contracts. (a) Schedule 4.16 4.17(a) contains a true, correct and complete list of all the Material Contracts in effect on the Closing Effective Date, and except as described thereon, all such Material Contracts are in full force and effect and no material defaults currently exist thereunderthereunder or under any lease governing Leasehold Property.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Equinix Inc), Credit and Guaranty Agreement (Equinix Inc)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Effective Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Gramercy Property Trust Inc.), Credit and Guaranty Agreement (Gramercy Property Trust Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Effective Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults in any material respect currently exist thereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (American Reprographics CO)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder, except as could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Paramount Acquisition Corp), Credit and Guaranty Agreement (Paramount Acquisition Corp)

Material Contracts. Schedule 4.16 contains a true, correct and ------------- complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder which defaults could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Focal Communications Corp), Credit and Guaranty Agreement (Focal Communications Corp)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and and, after giving effect to consummation of the transactions contemplated by this Agreement, except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Movie Gallery Inc), First Lien Credit and Guaranty Agreement (Movie Gallery Inc)

Material Contracts. Schedule 4.16 3.18 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all together with any updates provided pursuant to Section 4.02(l). All such Material Contracts are in full force and effect effect, and no defaults currently exist thereunderthereunder (other than as described in Schedule 3.18 or in such updates).

Appears in 2 contracts

Samples: Servicing Agreement (Bluestem Brands, Inc.), Servicing Agreement (Bluestem Brands, Inc.)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect on the Closing Date and no defaults currently exist thereunderthereunder on the Closing Date.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Euramax Holdings, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.)

Material Contracts. Schedule 4.16 4.18 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Datedate hereof, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder as of the date hereof that could reasonably be expected to result in a Material Adverse Change.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Mills Corp), Credit and Guaranty Agreement (Mills Limited Partnership)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder, any such default or failure to be in force and effect which could not reasonably be expected to result in an exercise of remedies or acceleration of the indebtedness created thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonwhich, together with any updates provided pursuant to Section 5.1(l), all such Material Contracts are in full force and effect and no material defaults currently exist thereunderthereunder (other than as described in Schedule 4.16 or in such updates).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Primo Water Corp)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonand, together with any updates provided pursuant to Section 5.1(l), (a) all such Material Contracts are in full force and effect and in all material respects, (b) no defaults currently exist thereunder, and (c) each such Material Contract has not been amended, waived or otherwise modified except as permitted under this Agreement. 4.17.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such . All Material Contracts are in full force and effect effect, and Borrower has no knowledge of the existence of any current defaults currently exist thereunderthereunder that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (HealthSpring, Inc.)

Material Contracts. (a) Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonwhich Material Contracts, all such Material Contracts together with any updates provided pursuant to Section 5.1(l), are in full force and effect and no defaults givng any party thereto the right to terminate such Material Contract currently exist thereunderthereunder (other than as described in Schedule 4.15 or in such updates).

Appears in 1 contract

Samples: Financing Agreement (TherapeuticsMD, Inc.)

Material Contracts. Schedule 4.16 4.17 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect to the extent not terminated in accordance with their respective terms, and no defaults currently exist thereunderthereunder as of the Closing Date.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nextlink Communications Inc /De/)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Effective Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder which could reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Telvent Git S A)

Material Contracts. Schedule 4.16 4.17 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonin Section 4.15 or as set forth on Schedule 4.15, all such Material Contracts Contracts, including, without limitation, any licensing agreements, are in full force and effect and and, as of the Closing Date, no material defaults currently exist by NTL or its Subsidiaries thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NTL Delaware Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonand, together with any updates provided pursuant to Section 5.1(l), all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.16 or in such updates).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonand, together with any updates provided pursuant to Section 5.1(l), (a) all such Material Contracts are in full force and effect and in all material respects, (b) no defaults currently exist thereunder, and (c) each such Material Contract has not been amended, waived or otherwise modified except as permitted under this Agreement.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Landec Corp \Ca\)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date and Restatement Date, and except as described thereonapplicable, which, together with any updates provided pursuant to Section 5.1(l), all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.15 or in such updates).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.)

Material Contracts. Schedule 4.16 4.23 contains a true, correct and complete list of all the Material Contracts (other than Fabricating Contracts) in effect on the Closing Date, and except as described thereon, all such date hereof. None of the Material Contracts contains any burdensome restrictions on the Borrower or any of its Subsidiaries or any of their respective properties which have or could reasonably be expected to have a Material Adverse Effect. All of the Material Contracts are in full force and effect effect, and no material defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit Agreement (Ameristeel Corp)

Material Contracts. Schedule 4.16 4.14 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder as of the Closing Date.

Appears in 1 contract

Samples: Loan Agreement (Ener1 Inc)

Material Contracts. Schedule SCHEDULE 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Network Plus Corp)

Material Contracts. As of the Closing Date, Schedule 4.16 contains 4.25 sets forth a true, true and correct and complete list of all the Material Contracts currently in effect on the Closing Date, and except effect. Except as described thereonpermitted by Section 7.32, all such of the Material Contracts are in full force and effect and no material defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit Agreement (Universal Health Realty Income Trust)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date. All such Material Contracts, together with any updates provided pursuant to Section 5.1(1), are in full force and except effect and no defaults currently exist thereunder (other than as described thereon, all in Schedule 4.16 or in such Material Contracts are updates). Each Panel Deposit Agreement and Contractor Agreement delivered to the Administrative Agent is in full force and effect and no defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Syntax-Brillian Corp)

Material Contracts. Schedule 4.16 4.22 contains a true, correct and complete list of all the Material Contracts in effect on at the Closing Date, and except Time. Except as described thereonon Schedule 4.22, all such as of the Closing Time each Material Contracts are Contract is in full force and effect and no material defaults enforceable against the Parent or any of its Subsidiaries currently exist thereunder. To the best knowledge of the Issuers and their Subsidiaries, no party to any Material Contract intends to terminate or is in a default under such Material Contract.

Appears in 1 contract

Samples: Purchase and Security Agreement (Brown Jordan International Inc)

AutoNDA by SimpleDocs

Material Contracts. Schedule 4.16 4.27 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amerigroup Corp)

Material Contracts. Schedule 4.16 4.14 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonand, together with any updates provided pursuant to Section 5.1(h), all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.14 or in such updates).

Appears in 1 contract

Samples: Credit Agreement (Nevsun Resources LTD)

Material Contracts. Schedule 4.16 4.21 contains a true, correct and complete list of all the Material Contracts material Contractual Obligations in effect on the Closing Date, and except as described thereon. As of the Closing Date, all such Material Contracts material Contractual Obligations are in full force and effect and no defaults currently by the Borrower or its Restricted Subsidiaries exist thereunderthereunder (other than as described in Schedule 4.21) that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Macquarie Infrastructure CO LLC)

Material Contracts. Schedule 4.16 contains 4.25 sets forth a true, true and correct and complete list of all the Material Contracts currently in effect on effect. All of the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no material defaults currently exist thereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Universal Health Realty Income Trust)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than, as a result of the filing of the Cases, and any payment default directly related to such filing).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Movie Gallery Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such . The Material Contracts described in Schedule 4.16, together with any updates provided pursuant to Section 5.1(l), are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.16 or in such updates), except as could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Initial Closing Date and on the Second Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Medical Systems Holdings Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, and to the knowledge of Company as of the Closing Date all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder by Company and/or its Subsidiaries party thereto.

Appears in 1 contract

Samples: Credit Agreement (Covanta Holding Corp)

Material Contracts. Schedule 4.16 4.15 (as such schedule may be amended on or before the Closing Date) contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and, to the Partnership’s or Borrower’s knowledge, (a) no material default exists under the Omnibus Agreement and (b) no defaults currently exist thereunderunder any other Material Contract that would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (8point3 Energy Partners LP)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder any such default or failure to be in force and effect which could not reasonably be expected to result in an exercise of remedies or acceleration of the indebtedness created thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder as of the Closing Date except as would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Digitalglobe, Inc.)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Effective Date, and except as described thereon, all such Material Contracts are in full force and effect and and, as of the Effective Date, no material defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ipc Acquisition Corp)

Material Contracts. Schedule 4.16 4.14 contains a true, correct and complete list of all the Material Contracts of the Borrowers in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (TBS International LTD)

Material Contracts. Schedule 4.16 5.23 contains a true, correct and complete list of all the Material Contracts in effect on as of the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no material breaches, defaults or events of default currently exist thereunder.. Exhibit 10.6 5.24

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Mesa Air Group Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the lists certain Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder due to the action of any Credit Party or, to the knowledge of Borrower, any other party hereto.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Global Crossing LTD)

Material Contracts. Schedule 4.16 3.17 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except and, as described thereonof the Closing Date, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 3.17).

Appears in 1 contract

Samples: Restructuring Support Agreement (Starry Group Holdings, Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonand, together with any updates provided pursuant to Section 5.1(l), (a) all such Material Contracts are in full force and effect and effect, (b) no defaults currently exist thereunder, and (c) each such Material Contract has not been amended, waived, or otherwise modified except as permitted under this Agreement. As of the Closing Date, true, correct and complete copies of all Material Contracts listed on Schedule 4.16 have been delivered to the Purchasers.

Appears in 1 contract

Samples: Note Purchase Agreement (CAPSTONE TURBINE Corp)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Effective Date, and and, after giving effect to the consummation of the transactions contemplated by this Agreement, except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 1 contract

Samples: Second Lien Credit and Guaranty Agreement (Movie Gallery Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonand, together with any updates provided pursuant to Section 5.1(k), (a) all such Material Contracts are in full force and effect and in all material respects, (b) no defaults currently exist thereunder, and (c) each such Material Contract has not been amended, waived or otherwise modified except as permitted under this Agreement.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and to the knowledge of Holdings and the Issuer there are no material defaults currently exist thereunderexisting thereunder as of the Closing Date.

Appears in 1 contract

Samples: Note Purchase Agreement and Guaranty (Inspired Entertainment, Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as of the Closing Date. Except as described thereonon Schedule 4.16, all such Material Contracts are in full force and effect and no defaults currently exist thereunderexist.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Restatement Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Eagle Rock Energy Partners, L.P.)

Material Contracts. Schedule 4.16 4.15 contains a true, correct correct, and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all . All such Material Contracts, together with any additional Material Contracts notified to the Administrative Agent pursuant to ‎Section 5.01(l), are in full force and effect and no material defaults currently exist thereunderthereunder (other than as described in Schedule 4.15 or in such updates, or as Borrower or Parent has otherwise notified the Administrative Agent).

Appears in 1 contract

Samples: Credit Agreement (Orbital Energy Group, Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder, any such default or failure to be in force and effect which could not reasonably be expected to result in an exercise of remedies or acceleration of the indebtedness created thereunder, except as a result of the Cases.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

Material Contracts. Schedule 4.16 contains 4.22 sets forth a true, correct and complete list of all the Material ------------- Contracts in effect on as of the Closing Date, and except as described thereon, all such . All of the Material Contracts are in full force and effect effect, and no material defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit Agreement (Mohawk Industries Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunder, except where the consequences of any breach of any such Material Contract could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (3com Corp)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and and, as of the Closing Date, no material defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Ipc Acquisition Corp)

Material Contracts. Schedule 4.16 4.14 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonwhich, together with any updates provided pursuant to Section 5.1(l), all such Material Contracts are in full force and effect and no defaults by the Company or any of its Subsidiaries, and to any Loan Party’s knowledge, of any other party, currently exist thereunderthereunder (other than as described in Schedule 4.14 or in such updates).

Appears in 1 contract

Samples: Financing Agreement (Model N, Inc.)

Material Contracts. Schedule 4.16 4.14 contains a true, correct and complete list of all the Material Contracts in effect on the Closing DateDate and, and except as described thereontogether with any updates provided pursuant to Section 5.1(l), all such Material Contracts are in full force and effect unless terminated in the ordinary course of business (including by passage of time) and no material defaults currently exist thereunder. For avoidance of doubt, the items listed on Schedule 4.14 are so included by virtue of the contractually agreed definition of Material Contract among the parties hereto that is contained in this Agreement, and shall not be deemed to be material for any other purpose.

Appears in 1 contract

Samples: Financing Agreement (Danimer Scientific, Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than, as a result of the filing of the Cases, any payment default directly related to such filing).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Allied Holdings Inc)

Material Contracts. Schedule 4.16 4.17 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all . All such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (U S Energy Systems Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date. All such Material Contracts, together with any updates provided pursuant to Section 5.1(1), and except as described thereon, all such Material Contracts the Related Agreements are in full force and effect and no defaults currently exist thereunderthereunder (other than defaults occurring as a result of the filing of the Chapter 11 Cases and other than as described in Schedule 4.16 or in such updates).

Appears in 1 contract

Samples: Possession Financing Agreement (Granite Broadcasting Corp)

Material Contracts. Schedule 4.16 4.15 contains a true, correct and complete list of all the Material Contracts in effect on the Closing DateDate (except those being assigned pursuant to the Divested Business Agreement), and except as described thereonwhich, together with any updates provided pursuant to Section 5.1(l), all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.15 or in such updates).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Speed Commerce, Inc.)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect to the extent not terminated in accordance with their respective terms, and no defaults currently exist thereunderthereunder as of the Closing Date.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xo Communications Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, as of the Closing Date, all such Material Contracts are in full force and effect and no defaults currently exist thereunder.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Neogenomics Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no material defaults (other than those occurring on the Petition Date as a result of the filing of the Chapter 11 Cases, if the Chapter 11 Cases have commenced (and any payment default directly related to such filing)) currently exist thereunderthereunder as of the Closing Date or the Funding Date.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Keystone Automotive Operations Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder other than defaults, the consequence of which, would not result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (CVR Energy Inc)

Material Contracts. Schedule 4.16 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date, and except as described thereonwhich, together with any updates provided pursuant to Section 5.10(l), all such Material Contracts are in full force and effect and no defaults currently exist thereunderthereunder (other than as described in Schedule 4.16 or in such updates).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Madison Square Garden Co)

Material Contracts. Schedule 4.16 5.24 contains a true, correct and complete list of all the Material Contracts in effect on as of the Closing Date, and except as described thereon, all such Material Contracts are in full force and effect and no material breaches, defaults or events of default currently exist thereunder.. 5.25

Appears in 1 contract

Samples: Credit and Guaranty Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!