No Other Violations. Borrower is not in violation of any term of its Certificate of Incorporation or By-laws and no event or condition has occurred or is continuing which constitutes or results in (or would constitute or result in, with the giving of notice, lapse of time or other condition) (a) a breach of, or a default under, any agreement, undertaking or instrument to which Borrower is a party or by which it or any of its Property may be affected, or (b) the imposition of any lien on any Property of Borrower.
No Other Violations. Borrower is not in violation of any term of its Certificate of Incorporation or By-laws and, to the best of Borrower’s knowledge, no event or condition has occurred and is continuing which constitutes or results in (or would constitute or result in, with the giving of notice, lapse of time or other condition) (a) a breach of, or a default under, any agreement, undertaking or instrument to which Borrower is a party or by which it or any of its property may be affected, or (b) the imposition of any Lien on any property of Borrower. To the best of Borrower’s knowledge, no Guarantor is in breach or default under any agreement, undertaking or instrument to which any such Guarantor is a party or by which he/it or his/its property may be affected, nor does any condition exist which would constitute such a breach or default or result in the imposition of any Lien on any Property of any such Guarantor.
No Other Violations. No Loan Party is in violation of any term of its charter documents (articles/certificate of incorporation, by-laws, articles or certificate of organization/formation or operating agreement, as the case may be) and no event or condition has occurred or is continuing which constitutes or results in (or would constitute or result in, with the giving of notice, lapse of time or other condition) (a) a material breach of, or a material default under, any material agreement, undertaking or instrument to which such Loan Party is a party or by which it or any of its Collateral may be affected, or (b) the imposition of any lien (other than a Permitted Lien) on any Collateral of any Loan Party.
No Other Violations. Borrower is not in violation of any term or provision of its Charter Documents, and no event or condition or series of events or conditions has or have occurred or is or are continuing which constitutes or results in (or would constitute or result in, with the giving of notice, lapse of time or other condition) (a) a breach of, or a default under, Borrower’s Charter Documents or any agreement, undertaking or instrument to which Borrower is a party or by which it or any of the Collateral may be affected, or (b) the imposition of any security interest, pledge, lien, charge, mortgage or other encumbrance on any Material Collateral.
No Other Violations. Borrower is not in violation of any term of its Certificate or Articles of Incorporation or Bylaws.
No Other Violations. Borrower is not as of the date hereof in violation of any term of its Certificate or Articles of Incorporation or Bylaws, and as of the date hereof no event or condition has occurred and is continuing which constitutes or results in (or would constitute or result in, with the giving of notice, lapse of time or other condition) breach of, or a default under, any material agreement, undertaking or instrument to which Borrower is a party or by which it or its property is bound.
No Other Violations. Borrower is not in violation of any term of its Organizational Documents, and no event or condition has occurred and is continuing which constitutes or results in (or would constitute or result in, with the giving of notice, lapse of time or both, or the occurrence of any other condition) (a) a breach of, or other default under, any agreement, undertaking, instrument or other Document to which Borrower is a party or by which Borrower or any of its property may be subject, affected or bound, except for failures which individually or in the aggregate would not have a Material Adverse Effect, or (b) the imposition of any Lien or restriction on any asset of Borrower.
No Other Violations. No member of the Inmark Group is in violation of any term of its Organizational Documents, and no event or condition has occurred and is continuing which constitutes or results in (or would constitute or result in, with the giving of notice, lapse of time or both, or the occurrence of any other condition) (a) a breach of, or other default under, any agreement, undertaking, instrument or other Document to which any member of the Inmark Group is a party or by which any member of the Inmark Group or any of its property may be subject, affected or bound, except for failures which individually or in the aggregate would not have a Material Adverse Effect, or (b) the imposition of any Lien or restriction on any asset of any member of the Inmark Group.
No Other Violations. BNY is not in violation of, and its execution and delivery of this Agreement and its performance and compliance with the terms of this Agreement will not constitute a violation of, any law, any order or decree of any court or arbiter, of any order, regulation or demand of any federal, state or local government or regulatory authority, which violation, in the good faith and reasonable judgment of BNY, is likely to affect materially and adversely either the ability of BNY to perform its obligations under this Agreement or the financial condition of BNY.
No Other Violations. Borrower is not in violation of any term of its charter documents (articles/certificate of incorporation, by-laws, articles or certificate of organization/formation or operating agreement, as the case may be) and no event or condition has occurred or is continuing which constitutes or results in (or would constitute or result in, with the giving of notice, lapse of time or other condition) (a) a breach of, or a default under, any agreement, undertaking or instrument to which Borrower is a party or by which it or any of its Property may be affected, or (b) the imposition of any lien (other than a Permitted Lien) on any Property of Borrower.
