No Adverse Fact. No fact or circumstance is known to the Guarantor or any Lessee, as of such Closing Date, which, either alone or in conjunction with all other such facts and circumstances, has had or might in the future have (so far as the Guarantor or any Lessee can foresee) a Material Adverse Effect which has not been set forth or referred to in the financial statements referred to in Section 30.4 or 31.5 or in a writing specifically captioned "Disclosure Statement" and delivered to the Lessor prior to such Closing Date. If a fact or circumstance disclosed in such financial statements or Disclosure Statement, or if an action, suit or proceeding disclosed to the Lessor, should in the future have a Material Adverse Effect, such Material Adverse Effect shall be a change or event subject to Section 30.20 notwithstanding such disclosure.
No Adverse Fact. No fact or circumstance is known to Borrower as of the date hereof which Bank could not reasonably be expected to be aware of and which, either alone or in conjunction with all other such facts and circumstances, has had a Material Adverse Effect that has not been set forth or referred to in the financial statements referred to in §10(a) or in a writing specifically captioned “Disclosure Statement” and delivered to Bank prior to the date hereof. If a fact or circumstance disclosed in such financial statements or Disclosure Statement, or if an action, suit or proceeding disclosed in Schedule 6.5, should in the future have or constitute a Material Adverse Effect upon Borrower or any Subsidiary or upon this Agreement or any other Credit Document, such Material Adverse Effect shall be a change or event subject to §6.8 notwithstanding such disclosure.
No Adverse Fact. No fact or circumstance is known to any Credit Party that, either alone or in conjunction with all other such facts and circumstances, has had or reasonably could be expected in the future to have a Material Adverse Effect, that has not been set forth or referred to in the financial statements referred to in Section 4.5 or in a writing specifically captioned “Disclosure Statement” and delivered to the Administrative Agent prior to the Agreement Date.
No Adverse Fact. No fact or circumstance is known to the Guarantor or the Lessee, as of the date hereof or as of such Closing Date, which, either alone or in conjunction with all other such facts and circumstances, has had or might in the future have (so far as the Guarantor or the Lessee can foresee) a Material Adverse Effect.
No Adverse Fact. No fact or circumstance is known to the Finance Lease Guarantor or any Lessee, as of the date hereof or as of such Series Closing Date, which, either alone or in conjunction with all other such facts and circumstances, has had or might in the future have (so far as the Finance Lease Guarantor or such Lessee can foresee) a Material Adverse Effect which has not been set forth or referred to in the financial statements referred to in Section 30.4 or 31.5 or in a writing specifically captioned “Disclosure Statement” and delivered to the Lessor prior to such Series Closing Date. If a fact or circumstance disclosed in such financial statements or Disclosure Statement, or if an action, suit or proceeding disclosed to the Lessor, should in the future have a Material Adverse Effect, such Material Adverse Effect shall be a change or event subject to Section 30.20 notwithstanding such disclosure.
No Adverse Fact. No fact, event, circumstance or condition that would be expected to have a material adverse effect on the Business shall have occurred following the date hereof and be continuing.
No Adverse Fact. No fact, event, circumstance or condition that would be expected to have a material adverse effect on Buyer shall have occurred following the date hereof and be continuing.
No Adverse Fact. No fact or circumstance is known to Borrower as of the date hereof which Bank could not reasonably be expected to be aware of and which, either alone or in conjunction with all other such facts and circumstances, has had a Material Adverse Effect that has not been set forth or referred to in a writing specifically captioned “Disclosure Statement” and delivered to Bank prior to the date hereof. If a fact or circumstance disclosed in such Disclosure Statement, or if an action, suit or proceeding disclosed in Schedule 4.7, should in the future have or constitute a Material Adverse Effect upon Borrower or any Subsidiary or upon this Agreement or any other Credit Document, such Material Adverse Effect shall be a change or event subject to §4.9 notwithstanding such disclosure.
No Adverse Fact. No fact or circumstance is known to the Parent or any Borrower, as of the Effective Date, that, either alone or in conjunction with all other such facts and circumstances, has had or reasonably could be expected in the future to have a Materially Adverse Effect upon the Parent and the Borrowers, taken as a whole, or on this Agreement or any other Loan Document, that has not been set forth or referred to in the financial statements referred to in Section 6.2(a) or in a writing specifically captioned "Disclosure Statement" and delivered to the Agent prior to the date of execution of this Agreement by the Agent.
No Adverse Fact. No Seller has Knowledge of any fact that has specific application to the Company (other than general economic or industry conditions) and that could have a material adverse effect on the financial or other condition, results of operations, assets, Liabilities, equity, business or prospects of the Company that has not been set forth in this Agreement.
