Common use of No Defaults or Restrictions Clause in Contracts

No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents nor compliance with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (i) violate, conflict with or result in a breach of, or constitute a default under: (1) the respective Articles of Incorporation, Bylaws, charter, operating agreement or similar organizational documents of Company or its Subsidiaries; (2) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company or Bank, as applicable, is now a party or by which it or any of its properties may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency; or (4) any statute, rule or regulation applicable to Company or Bank except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a whole, or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Company or Bank. Neither Company nor Bank is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which Company or Bank, as applicable, is a party or by which Company or Bank, as applicable, or any of its properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a whole.

No Defaults or Restrictions. Neither the execution and execution, delivery or performance by Borrower of any of the Transaction Documents Documents, nor compliance by it with their respective the terms and conditions provisions hereof or thereof: (a) will contravene any provision of any applicable law, statute, rule or regulation or any order, writ, injunction or decree of any court or governmental instrumentality; (whether with or without the giving of notice or lapse of time or bothb) (i) violate, will conflict with or result in a any breach of any of the terms, covenants, conditions or provisions of, or constitute a default under: , or result in the creation or imposition of (1or the obligation to create or impose) the respective Articles of Incorporation, Bylaws, charter, operating agreement or similar organizational documents of Company or its Subsidiaries; (2) any lien upon any of the terms, obligations, covenants, conditions property or provisions assets of Borrower or any of its Subsidiaries pursuant to the terms of any corporate restriction or of any contract, agreement, material indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, loan agreement or any other agreement agreement, contract or instrument to which Company Borrower or Bank, as applicable, any of its Subsidiaries is now a party or by which it or any of its properties property or assets is bound or to which it may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agencysubject; or (4c) will violate any statuteprovision of the charter or bylaws of Borrower or the organizational documents, rule charter or regulation applicable to Company or Bank except, in the case bylaws of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and any of its Subsidiaries. Neither Borrower nor any of its Subsidiaries taken as a whole, or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Company or Bank. Neither Company nor Bank is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness indebtedness of any kind or pursuant to which any such Indebtedness indebtedness is issued, or any other agreement or instrument to which Company Borrower or Bank, as applicable, any of its Subsidiaries is a party or by which Company it or Bank, as applicable, or any of its properties may be bound or affected, except, in each case, only such defaults that which default would not reasonably be expected to havehave a material adverse effect on the financial condition, singularly results of operations or in the aggregate, a Material Adverse Effect on Company business of Borrower and its Subsidiaries Subsidiaries, taken as a whole.

No Defaults or Restrictions. Neither the execution and execution, delivery or performance by the Borrower of any of the Transaction Documents Loan Documents, nor compliance by it with their respective the terms and conditions provisions hereof or thereof: (a) will contravene any provision of any law, statute, rule or regulation or any order, writ, injunction or decree of any court or governmental instrumentality; (whether with or without the giving of notice or lapse of time or bothb) (i) violate, will conflict with or result in a any breach of any of the terms, covenants, conditions or provisions of, or constitute a default under: , or result in the creation or imposition of (1or the obligation to create or impose) the respective Articles of Incorporation, Bylaws, charter, operating agreement or similar organizational documents of Company or its Subsidiaries; (2) any lien upon any of the terms, obligations, covenants, conditions property or provisions assets of the Borrower or any of its Subsidiaries pursuant to the terms of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, loan agreement or any other agreement agreement, contract or instrument to which Company the Borrower or Bank, as applicable, any of its Subsidiaries is now a party or by which it or any of its properties property or assets is bound or to which it may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agencysubject; or (4c) will violate any statuteprovision of the certificate of incorporation or bylaws of the Borrower or the organizational documents, rule charter or regulation applicable to Company or Bank except, in bylaws of any of its Subsidiaries. Neither the case Borrower nor any of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a whole, or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Company or Bank. Neither Company nor Bank is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness indebtedness of any kind or pursuant to which any such Indebtedness indebtedness is issued, or any other agreement or instrument to which Company the Borrower or Bank, as applicable, any of its Subsidiaries is a party or by which Company it or Bank, as applicable, or any of its properties may be bound or affected, except, in each case, only such defaults that which would not reasonably be expected to have, singularly or in have a material adverse effect on the aggregate, a Material Adverse Effect on Company financial condition and operations of the Borrower and its Subsidiaries taken as a whole.

No Defaults or Restrictions. Neither the execution and execution, delivery or performance by Borrower of any of the Transaction Documents Loan Documents, nor compliance by it with their respective the terms and conditions provisions hereof or thereof: (a) will contravene any provision of any law, statute, rule or regulation or any order, writ, injunction or decree of any court or governmental instrumentality; (whether with or without the giving of notice or lapse of time or bothb) (i) violate, will conflict with or result in a any breach of any of the terms, covenants, conditions or provisions of, or constitute a default under: , or result in the creation or imposition of (1or the obligation to create or impose) the respective Articles of Incorporation, Bylaws, charter, operating agreement or similar organizational documents of Company or its Subsidiaries; (2) any lien upon any of the terms, obligations, covenants, conditions property or provisions assets of Borrower or any Subsidiary pursuant to the terms of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, loan agreement or any other agreement agreement, contract or instrument to which Company Borrower or Bank, as applicable, any Subsidiary is now a party or by which it or any of its properties property or assets is bound or to which it may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agencysubject; or (4c) will violate any statuteprovision of the articles of incorporation or by-laws of Borrower or the organizational documents, rule charter or regulation applicable to Company or Bank except, in the case of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a whole, or (ii) result in the creation or imposition by-laws of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Company or BankSubsidiary. Neither Company Borrower nor Bank any Subsidiary is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which Company Borrower or Bank, as applicable, any Subsidiary is a party or by which Company it or Bank, as applicable, or any of its properties may be bound or affected, exceptwhich would have a material adverse effect on the business, in each caseoperations or condition, only such defaults that would not reasonably be expected to havefinancial or otherwise, singularly or in of Borrower and the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a whole.

No Defaults or Restrictions. Neither the execution and execution, delivery --------------------------- or performance by the Borrower of any of the Transaction Documents Loan Documents, nor compliance by it with their respective the terms and conditions provisions hereof or thereof: (a) will contravene any provision of any law, statute, rule or regulation or any order, writ, injunction or decree of any court or governmental instrumentality; (whether with or without the giving of notice or lapse of time or bothb) (i) violate, will conflict with or result in a any breach of any of the terms, covenants, conditions or provisions of, or constitute a default under: , or result in the creation or imposition of (1or the obligation to create or impose) the respective Articles of Incorporation, Bylaws, charter, operating agreement or similar organizational documents of Company or its Subsidiaries; (2) any lien upon any of the terms, obligations, covenants, conditions property or provisions assets of the Borrower or any of its Subsidiaries pursuant to the terms of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, loan agreement or any other agreement agreement, contract or instrument to which Company the Borrower or Bank, as applicable, any of its Subsidiaries is now a party or by which it or any of its properties property or assets is bound or to which it may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agencysubject; or (4c) will violate any statuteprovision of the certificate of incorporation or bylaws of the Borrower or the organizational documents, rule charter or regulation applicable to Company or Bank except, in bylaws of any of its Subsidiaries. Neither the case Borrower nor any of items (2), (3) or (4), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a whole, or (ii) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Company or Bank. Neither Company nor Bank is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness indebtedness of any kind or pursuant to which any such Indebtedness indebtedness is issued, or any other agreement or instrument to which Company the Borrower or Bank, as applicable, any of its Subsidiaries is a party or by which Company it or Bank, as applicable, or any of its properties may be bound or affected, except, in each case, only such defaults that which would not reasonably be expected to have, singularly or in have a material adverse effect on the aggregate, a Material Adverse Effect on Company financial condition and operations of the Borrower and its Subsidiaries taken as a whole.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or the Transaction Documents Subordinated Notes nor compliance with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a breach of, or constitute a default under: (1i) the respective Articles articles of Incorporationincorporation or bylaws of Issuer or any Subsidiary of Issuer, Bylaws, charter, operating agreement or similar organizational documents of Company or its Subsidiaries; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company Issuer or Bank, as applicable, any Subsidiary of Issuer is now a party or by which it any of them or any of its their properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency; or (4iv) any statute, rule or regulation applicable to Company or Bank Issuer, except, in the case of items (2ii), (3iii) or (4iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a wholeIssuer, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Company Issuer or Bankany Subsidiary of Issuer. Neither Company nor Bank None of Issuer or any Subsidiary of Issuer is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which Company Issuer or Bank, as applicable, any Subsidiary of Issuer is a party or by which Company or Bank, as applicable, Issuer or any of its such Subsidiary or their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a wholeIssuer.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or the Transaction Documents Subordinated Note nor compliance with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (i) violate, conflict with or result in a breach of, or constitute a default under: (1i) the respective Articles of Incorporation, Bylawsas amended, charteror the Amended and Restated Bylaws of Issuer or any Subsidiary of Issuer, operating agreement or similar organizational documents of Company or its Subsidiariesin each case as in effect on the date hereof; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any material contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company Issuer or Bank, as applicable, any Subsidiary of Issuer is now a party or by which it any of them or any of its their properties may be is bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental AgencyAgency applicable to and having jurisdiction over the conduct of their respective businesses or the ownership of Issuer or any Subsidiary or their respective properties; or (4iv) any statute, rule or regulation applicable to Company or Bank Issuer, except, in the case of items (2ii), (3iii) or (4iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a whole, Issuer. None of Issuer or (ii) result in the creation or imposition any Subsidiary of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Company or Bank. Neither Company nor Bank Issuer is in default in any material respect in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which Company Issuer or Bank, as applicable, any Subsidiary of Issuer is a party or by which Company or Bank, as applicable, Issuer or any of its such Subsidiary or their respective properties may be bound or affected, except, in each case, only affected where such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a wholeIssuer.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or the Transaction Documents Subordinated Notes nor compliance with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a breach of, or constitute a default under: (1i) the respective Restated Articles of IncorporationOrganization, Bylaws, charter, operating agreement or similar organizational documents the Amended and Restated Bylaws of Company Issuer or its Subsidiariesany Subsidiary of Issuer; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company Issuer or Bank, as applicable, any Subsidiary of Issuer is now a party or by which it any of them or any of its their properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency; or (4iv) any statute, rule or regulation applicable to Company or Bank Issuer, except, in the case of items (2ii), (3iii) or (4iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a wholeIssuer, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Company Issuer or Bankany Subsidiary of Issuer. Neither Company nor Bank None of Issuer or any Subsidiary of Issuer is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which Company Issuer or Bank, as applicable, any Subsidiary of Issuer is a party or by which Company or Bank, as applicable, Issuer or any of its such Subsidiary or their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a wholeIssuer.

No Defaults or Restrictions. Neither the execution and execution, delivery or performance by Borrower of any of the Transaction Documents Loan Documents, nor compliance by it with their respective the terms and conditions provisions hereof or thereof: (a) will contravene any provision of any applicable law, statute, rule or regulation or any order, writ, injunction or decree of any court or governmental instrumentality; (whether with or without the giving of notice or lapse of time or bothb) (i) violate, will conflict with or result in a any breach of any of the terms, covenants, conditions or provisions of, or constitute a default under: , or result in the creation or imposition of (1or the obligation to create or impose) the respective Articles of Incorporation, Bylaws, charter, operating agreement or similar organizational documents of Company or its Subsidiaries; (2) any lien upon any of the terms, obligations, covenants, conditions property or provisions assets of Borrower or any of its Subsidiaries pursuant to the terms of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, loan agreement or any other agreement agreement, contract or instrument to which Company Borrower or Bank, as applicable, any of its Subsidiaries is now a party or by which it or any of its properties property or assets is bound or to which it may be bound or affected; (3) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agencysubject; or (4c) will violate any statuteprovision of the charter or bylaws of Borrower or the organizational documents, rule charter or regulation applicable to Company or Bank exceptbylaws of any of its Subsidiaries, except in the case of items (2a), (3b) or (4c), for any such violations and conflicts that contravention, conflict, breach, default, lien or violation which would not reasonably be expected to havehave a material adverse effect on the financial condition, singularly results of operations or in the aggregate, a Material Adverse Effect on Company business of Borrower and its Subsidiaries Subsidiaries, taken as a whole, or (ii) result which would not prevent Borrower from fulfilling its obligations under the Loan Documents in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Company or Bankmaterial respect. Neither Company Borrower nor Bank any of its Subsidiaries is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness indebtedness of any kind or pursuant to which any such Indebtedness indebtedness is issued, or any other agreement or instrument to which Company Borrower or Bank, as applicable, any of its Subsidiaries is a party or by which Company it or Bank, as applicable, or any of its properties may be bound or affected, except, in each case, only such defaults that which default would not reasonably be expected to havehave a material adverse effect on the financial condition, singularly results of operations or in the aggregate, a Material Adverse Effect on Company business of Borrower and its Subsidiaries Subsidiaries, taken as a whole.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or the Transaction Documents Subordinated Notes nor compliance with their respective terms and conditions will (whether with or without the giving of notice or lapse of time or both) (ia) violate, conflict with or result in a breach of, or constitute a default under: (1i) the respective Articles of Incorporation, Bylaws, charter, operating agreement Incorporation or similar organizational documents the Bylaws of Company or its Subsidiariesany Subsidiary of Company, in each case, as amended; (2ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any other agreement or instrument to which Company or Bank, as applicable, any Subsidiary of Company is now a party or by which it any of them or any of its their properties may be bound or affected; (3iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency; or (4iv) any statute, rule or regulation applicable to Company or Bank Company, except, in the case of items (2ii), (3iii) or (4iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a wholeCompany, or (iib) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Company or Bankany Subsidiary of Company. Neither None of Company nor Bank or any Subsidiary of Company is in default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing Indebtedness of any kind or pursuant to which any such Indebtedness is issued, or any other agreement or instrument to which Company or Bank, as applicable, any Subsidiary of Company is a party or by which Company or Bank, as applicable, any such Subsidiary of Company or any of its their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Company and its Subsidiaries taken as a wholeCompany.