No Defaults Under Agreements. None of Borrower or any Restricted Subsidiary is in default under any provision of any agreement or instrument to which it is a party, and no condition exists which, with the giving of notice or the lapse of time or both, would constitute such a default, other than in each case as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
No Defaults Under Agreements. The Offeror is not in default, nor is there any event in existence which, with notice or the passage of time or both, would constitute a default by the Offeror under any indenture, mortgage, deed of trust, lease, loan agreement, license, security agreement, contract, governmental license or permit or other agreement or instrument to which it is a party or by which any of its properties are bound and which default would materially and adversely affect the Offeror’s ability to perform its obligations under this Contract.
No Defaults Under Agreements. There is no event which has occurred or condition presently existing which, with notice or the lapse of time, or both, will (a) cause or constitute a default under any agreement whatsoever with respect to which the Company is a party or by which its property or assets are bound that requires payments to or from the Company of $25,000 or more in any 12-month period or that is otherwise material to the business or operations of the Company, or (b) have a material adverse effect (financial or otherwise) upon the Company.
No Defaults Under Agreements. AH LLC, nor, to the Knowledge of AH LLC, any other party to any material agreement affecting the Properties (including, without limitation, any of the covenants, conditions, restrictions, right-of-way or easements constituting one or more of the Property Specific Exceptions), has not received any notice of any uncured default with respect to any material agreement affecting the Properties which would have a Material Adverse Effect, and, no event has occurred or, to the Knowledge of AH LLC, is threatened, which through the passage of time or the giving of notice, or both, would constitute a default thereunder which would have a Material Adverse Effect. Such agreements are valid and binding and in full force and effect, have not been amended, modified or supplemented since such time as such agreements were made available to the Company and/or the OP, except for such amendments, modifications and supplements delivered or made available to the Company and/or the OP.
No Defaults Under Agreements. Contractor is not in default, nor is there any event in existence which, with notice or the passage of time or both, would constitute a default by Contractor, under any indenture, mortgage, deed of trust, lease, loan agreement, license, security agreement, contract, governmental license or permit or other agreement or instrument to which it is a party or by which any of its properties are bound and which default would materially and adversely affect Contractor's ability to perform its obligations under this Agreement.
No Defaults Under Agreements. To Seller’s knowledge, no Waypoint Property Owner is in material default under, nor has any Waypoint Property Owner received any notice that any event has occurred that with the giving of notice or the passage of time, or both, would constitute a material default by Waypoint Property Owner under, and, to Seller’s knowledge, no applicable counterparty is in material default under, any contract, transaction, agreement, covenant, condition, restriction, Lease (as defined below), easement, encumbrance or instrument pertaining to any Property.
No Defaults Under Agreements. Except as provided in Schedule 3.7, neither of the Companies is in default under any contract or other agreement to which it is a party or by which it or its assets or properties are bound, nor does any condition exist which with notice or lapse of time or both would constitute such a default, which default would have a material adverse effect to the Business, and each such contract or other agreement is in full force and effect and neither the execution of this Agreement nor the consummation of the transactions contemplated hereby will result in any breach or acceleration of, or constitute (or with notice or lapse of time or both would constitute) such a default under any such contract or other agreement.
No Defaults Under Agreements. 10 5.7 Litigation............................................... 10 5.8 Agreements. ............................................. 10 5.9 Beneficial Ownership. ................................... 11 5.10
No Defaults Under Agreements. None of the Sellers is in default under any contract or other agreement relating to the Acquired Business, nor does any condition exist (except as described on Schedule 5.6) which with notice or lapse of time or both would constitute such a default, and each such contract or other agreement is in full force and effect as to the Sellers, except for such defaults as to which requisite waivers or consents have been obtained or which, individually or the aggregate, would not have a material adverse effect on the Acquired Business.
No Defaults Under Agreements. Except as disclosed in section 4.1(nn) of the TargetCo Disclosure Letter:
