No Defaults, Etc. The Parent and Acquisition Sub have in all respects performed all the material obligations required to be performed by it to date and is not in material default or alleged to be in material default under: (a) its Certificate or by-laws; or (b) any material agreement, lease, mortgage, indenture, contract, commitment, instrument or obligation to which the Parent and Acquisition Sub is a party or by which any of its Assets or rights are or may be bound or affected.
No Defaults, Etc. Except as set forth on Schedule 4.20 the Company has in all respects performed all the material obligations required to be performed by it to date and is not in material default or alleged to be in material default under: (a) its Certificate or by-laws; or (b) any material agreement, lease, mortgage, indenture, contract, commitment, instrument or obligation to which the Company is a party or by which any of its Assets or rights are or may be bound or affected, and there exists no event, condition or occurrence which, with or without due notice or lapse of time, or both, would constitute such a default by it of any of the foregoing. No current customer has notified, or to the knowledge of the Company expressed an intention to notify, the Company or its employees, officers or agents, that such customer will materially reduce the dollar amount of business it will do with the Company or cease doing business with the Company. Provided that the Company obtain the consents which may be required to consummate the transaction which are set forth on the Schedule 4.20, no such mortgage, indenture, lease, contract, agreement, license, instrument or order limits in any material way the freedom of any Person acquiring control of the Company, whether directly or indirectly, or from performing this Agreement in accordance with its terms. The Company has not received any notice from any party to any such contract with respect to such party's unwillingness or inability to perform thereunder.
No Defaults, Etc. At the date of the requested Loan, no Default or Event of Default shall have occurred and be continuing or will result from making such Loan; and the representations and warranties of the Borrower in Article 5 hereof shall be true on and as of such date with the same force and effect as if made on and as of such date.
No Defaults, Etc. 27 4.21 LITIGATION, OBSERVANCE OF STATUES, REGULATIONS AND ORDERS .......................... 28 4.22 LICENSES, PERMITS, ETC. ......................... 28 4.23
No Defaults, Etc. At the time of FinTech Acquisition and also after giving effect thereto and the amendments contemplated by this Amendment (i) there shall exist no Default or Event of Default, and (ii) all representations and warranties contained in the Credit Agreement and in the other Credit Documents shall be true and correct in all material respects (it being understood and agreed that (x) any representation or warranty which by its terms is made as of a specified date shall be required to be true and correct in all material respects only as of such specified date and (y) any representation or warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct in all respects on such date).
No Defaults, Etc. No Lease Event of Default, Indenture Event of Default, Event of Loss, Burdensome Termination Event or event that, with the passage of time or giving of notice or both, would constitute a Lease Event of Default, Indenture Event of Default, an Event of Loss or Burdensome Termination Event shall have occurred and be continuing.
No Defaults, Etc. Except as Disclosed in Section 2.2.8(b) of the Seller Disclosure Schedule, (i) each Target Contract is, in all material respects, in full force and effect and enforceable in accordance with its terms against the Target Company and, to the Knowledge of Seller, the other parties thereto, (ii) Target Company has complied in all material respects with and is in material compliance with, and to the Knowledge of Seller, all other parties thereto have complied in all material respects with and are in material compliance with, provisions of each Target Contract and (iii) there does not exist under any Target Contract any uncured notice of default, any material breach or material default, or any event or condition that, after notice or lapse of time or both, would constitute a material breach or material default, on the part of Target Company or, to the Knowledge of Seller, on the part of any other party to any Target Contract.
No Defaults, Etc the US Originator contributing such US Receivable is not in default under the terms of the Contract from which such US Receivable arises;
No Defaults, Etc. The Company has in all material respects ---------------- performed all the obligations required to be performed by it to date and is not in material default or, to the best knowledge of the Company, alleged to be in material default under: (a) its Certificate or by-laws; or (b) any material agreement, lease, contract, commitment, instrument or obligation to which the Company is a party or by which any of its properties, assets or rights are or may be bound or affected, and, to the best knowledge of the Company, there exists no event, condition or occurrence which, with or without due notice or lapse of time, or both, would constitute such a default by it of any of the foregoing. To the best knowledge of the Company, no current customer has notified, or expressed an intention to notify, the Company that such customer will materially reduce the dollar amount of business it will do with the Company or cease doing business with the Company under circumstances where such notification or intention has been reported to an officer of the Company.
No Defaults, Etc. (i) (A) No default or event of default shall have occurred and be continuing under any Transaction Document, (B) all representations and warranties made by the Borrower, and to the best of its knowledge each other Project Party, in the Transaction Documents shall be true and correct in all material respects, (C) no litigation or other proceeding shall be pending, or, to the best of the Borrower's knowledge, threatened against the Borrower or, to the best of its knowledge, any other Project Party that could reasonably be expected to result in a Material Adverse Effect and (D) there shall have been no material adverse change in the projected Project Costs or the business operations, prospects or financial or other condition of the Borrower or, to the best of the Borrower's knowledge, any other Project Party and (ii) the Agent Bank shall have received a certificate of an Authorized Officer of the Borrower certifying as to the foregoing.
