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 terms and conditions will (a) violate, conflict with or result in a breach of, or constitute a default under: (i) 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, charter, bylaw or any other agreement or instrument to which Borrower, Bank or any Subsidiary of Borrower or Bank is now a party or by which any of them or any of their properties may be bound or affected; (ii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency; or (iii) any statute, rule or regulation applicable to Borrower or Bank, except, in each such case, for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Borrower or Bank, or (b) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower, Bank or any Subsidiary of Borrower or Bank, except for such liens, charges and encumbrances that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Borrower or Bank. None of Borrower, Bank or any Subsidiary of Borrower or 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 other agreement or instrument to which Borrower, Bank or any Subsidiary of Borrower or Bank is a party or by which Borrower, Bank or any Subsidiary of Borrower or Bank 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 Borrower or Bank.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Enterprise Bancorp Inc /Ma/)

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No Defaults or Restrictions. Neither the execution and execution, delivery or performance by Borrower of any of the Transaction Documents Loan Documents, or by Guarantor of the Guaranty?, nor compliance by any of them, respectively, with their the terms and conditions will provisions hereof or thereof: (a) violatewill contravene any provision of any law, statute, rule or regulation or any order, writ, injunction or decree of any court or governmental instrumentality; (b) 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 (ior the obligation to create or impose) any lien upon any of the termsproperty or assets of the Borrower, obligations, covenants, conditions Guarantor or provisions any of Guarantor’s 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, charter, bylaw lean agreement or any other agreement agreement, contract or instrument to which Borrower, Bank the Borrower or Guarantor or any Subsidiary of Borrower or Bank Guarantor’s Subsidiaries is now a party or by which any of them or any of their properties respective property or assets is bound or to .which they may be bound or affected; (ii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agencysubject; or (iiic) will violate any statute, rule provision of the articles of association or regulation applicable to Borrower or Bank, except, in each such case, for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Borrower or Bank, or (b) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower, Bank or any Subsidiary bylaws of Borrower or Bankthe organizational documents, except for such liens, charges and encumbrances that would not reasonably be expected to have, singularly charter or in the aggregate, a Material Adverse Effect on Borrower bylaws of Guarantor or Bankany of Guarantor’s Subsidiaries. None of the Borrower, Bank Guarantor or any Subsidiary of Borrower or Bank Guarantor’s 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 other agreement or instrument to which the Borrower, Bank Guarantor or any Subsidiary of Borrower or Bank Guarantor’s Subsidiaries is a party or by «which Borrower, Bank any of the foregoing or any Subsidiary of Borrower or Bank or their its respective properties may be bound or affected, exceptwhich would have a material adverse effect on the financial condition and operations of the Borrower, in each case, only such defaults that would not reasonably be expected to have, singularly Guarantor or in the aggregate, a Material Adverse Effect on Borrower or Bankany of Guarantor’s Subsidiaries.

Appears in 1 contract

Samples: Revolving Loan Agreement (Cabelas Inc)

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or the Transaction Documents Subordinated Notes nor compliance with their terms and conditions will (a) violate, conflict with or result in a breach of, or constitute a default under: (i) the Certificate of Incorporation, as amended, or the Amended and Restated Bylaws of Issuer or any Subsidiary of Issuer; (ii) 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, charter, bylaw or any other agreement or instrument to which Borrower, Bank Issuer or any Subsidiary of Borrower or Bank Issuer is now a party or by which any of them or any of their properties may be bound or affected; (iiiii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency; or (iiiiv) any statute, rule or regulation applicable to Borrower or BankIssuer, except, in each such casethe case of items (ii), (iii) or (iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Borrower or BankIssuer, or (b) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower, Bank Issuer or any Subsidiary of Borrower or Bank, except for such liens, charges and encumbrances that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Borrower or BankIssuer. None of Borrower, Bank Issuer or any Subsidiary of Borrower or Bank 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 other agreement or instrument to which Borrower, Bank Issuer or any Subsidiary of Borrower or Bank Issuer is a party or by which Borrower, Bank Issuer or any such Subsidiary of Borrower or Bank 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 Borrower or BankIssuer.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (New Hampshire Thrift Bancshares Inc)

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No Defaults or Restrictions. Neither the execution and delivery of the Transaction Documents Agreement or the Subordinated Notes nor compliance with their terms and conditions will (a) violate, conflict with or result in a breach of, or constitute a default under: (i) the articles of incorporation or bylaws of Borrower, Bank or any other Subsidiary of Borrower; (ii) 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, charter, bylaw or any other agreement or instrument to which Borrower, Bank or any other Subsidiary of Borrower or Bank is now a party or by which any of them or any of their properties may be bound or affected; (iiiii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Agency; or (iiiiv) any statute, rule or regulation applicable to Borrower or Bank, except, in each such casethe case of items (ii), (iii) or (iv), for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Borrower or Banksuch Person, or (b) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower, Bank or any other Subsidiary of Borrower or Bank, except for such liens, charges and encumbrances that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Borrower or BankBorrower. None of Borrower, Bank or any other Subsidiary of Borrower or 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 other agreement or instrument to which Borrower, Bank or any other Subsidiary of Borrower or Bank is a party or by which Borrower, Bank or any other such Subsidiary of Borrower or Bank 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 Borrower Borrower, Bank or Bankany other such Subsidiary.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Bay Banks of Virginia Inc)

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