Common use of Neither Xx Clause in Contracts

Neither Xx. Xxxxxx Party is, nor with the giving of notice, or lapse of time or both would be, in violation of or in default under, (i) its Constitution or (ii) any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which it is a party or by which it or any of its properties is bound, except in the case of (ii) for violations and defaults which individually and in the aggregate would not have a material adverse effect on the transactions contemplated herein or in the Basic Documents; the issue and sale of the Notes and the performance by each Xx.Xxxxxx Party of all of the provisions of its obligations under the Notes, the Basic Documents and this Agreement and the consummation of the transactions herein and therein contemplated will not conflict with or result in a breach of any of the terms or provisions of, or constitute a default under, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which either St. Xxxxxx Party is a party or by which either St. Xxxxxx Party is bound or to which any of the property or assets of either St. Xxxxxx Party is subject, nor will any such action result in any violation of the provisions of the Constitution of either St. Xxxxxx Party or any applicable law or statute or any order, rule or regulation of any court or governmental agency or body having jurisdiction over either Xx.Xxxxxx Party, or any of its properties; and no consent, approval, authorization, order, license, registration or qualification of or with any such court or governmental agency or body is required for the issue and sale of the Notes or the consummation by either Xx.Xxxxxx Party of the transactions contemplated by this Agreement or the Basic Documents, except such consents, approvals, authorizations, orders, licenses, registrations or qualifications as have been obtained under the Securities Act, the Trust Indenture Act and as may be required under state securities or "Blue Sky" laws in connection with the purchase and distribution of the Notes by the Underwriters.

Neither Xx. Xxxxxx Party is, nor with the giving of notice, or lapse of time or both would be, in violation of or in default under, (i) its Constitution or (ii) any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which it is a party or by which it or any of its properties is bound, except in the case of (ii) for violations and defaults which individually and in the aggregate would not have a material adverse effect on the transactions contemplated herein or in the Basic Documents; the issue and sale of the Notes and the performance by each Xx.Xxxxxx Party of all of the provisions of its obligations under the Notes, the Basic Documents and this Agreement and the consummation of the transactions herein and therein contemplated will not conflict with or result in a breach of any of the terms or provisions of, or constitute a default under, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which either St. Xx.Xxxxxx Party is a party or by which either St. Xx.Xxxxxx Party is bound or to which any of the property or assets of either St. Xx.Xxxxxx Party is subject, nor will any such action result in any violation of the provisions of the Constitution of either St. Xx.Xxxxxx Party or any applicable law or statute or any order, rule or regulation of any court or governmental agency or body having jurisdiction over either Xx.Xxxxxx Party, or any of its properties; and no consent, approval, authorization, order, license, registration or qualification of or with any such court or governmental agency or body is required for the issue and sale of the Notes or the consummation by either Xx.Xxxxxx Party of the transactions contemplated by this Agreement or the Basic Documents, except such consents, approvals, authorizations, orders, licenses, registrations or qualifications as have been obtained under the Securities Act, the Trust Indenture Act and as may be required under state securities or "Blue Sky" laws in connection with the purchase and distribution of the Notes by the Underwriters.

Neither Xx. Xxxxxx Party is, nor with the giving of notice, notice or lapse of time or both would be, in violation of or in default under, (i) its Constitution or (ii) any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which it is a party or by which it or any of its properties is bound, except in the case of (ii) for violations and defaults which individually and in the aggregate would not have a material adverse effect on the transactions contemplated herein or in the Basic Documents; the issue and sale of the Notes and the performance by each Xx.Xxxxxx Party of all of the provisions of its obligations under the Notes, the Basic Documents and this Agreement and the consummation of the transactions herein and therein contemplated will not conflict with or result in a breach of any of the terms or provisions of, or constitute a default under, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which either St. each Xx.Xxxxxx Party is a party or by which either St. such Xx.Xxxxxx Party is bound or to which any of the property or assets of either St. such Xx.Xxxxxx Party is subject, nor will any such action result in any violation of the provisions of the Constitution of either St. such Xx.Xxxxxx Party or any applicable law or statute or any order, rule or regulation of any court or governmental agency or body having jurisdiction over either each Xx.Xxxxxx Party, or any of its properties; and no consent, approval, authorization, order, license, registration or qualification of or with any such court or governmental agency or body is required for the issue and sale of the Notes or the consummation by either each Xx.Xxxxxx Party of the transactions contemplated by this Agreement or the Basic Documents, except such consents, approvals, authorizations, orders, licenses, registrations or qualifications as have been obtained under the Securities Act, the Trust Indenture Act and as may be required under state securities or "Blue Sky" laws in connection with the purchase and distribution of the Notes by the Underwriters.