Non-Default. By requesting extension for a Renewal Term as set forth above, or by consenting to a Renewal Term in any manner, Contractor shall be deemed to affirmatively assert that (i) the City is not currently in default, nor has been in default at any time prior to the Renewal Term, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the commencement date of the Renewal Term are forever waived.
Non-Default. Except as disclosed in the Memorandum, neither the Company nor any of its Subsidiaries is in default in the performance or observance of any material obligation, agreement, covenant or condition contained in any indenture, mortgage, deed of trust or other material instrument or agreement to which it is a party or by which it or its property may be bound;
Non-Default. The Company is not in default in the performance or observance of any material obligation, agreement, covenant or condition contained in any indenture, mortgage, deed of trust or other material instrument or agreement to which it is a party or by which it or its property may be bound;
Non-Default. No Default or Event of Default has occurred or is continuing.
Non-Default. NONCONTRAVENTION: During the operative period, the CLIENT is not in violation of its articles or certificate of incorporation or by-laws or, in default in the performance or observance of any material obligation, agreement, covenant or condition contained in any material contract, lease or other instrument to which it is a party, and the CLIENT's execution and delivery of this Agreement, and the incurrence of the obligations herein and therein set forth, and the consummation of the transactions contemplated do not (i) conflict with, or constitute breach of. or a default under the articles or certification of incorporation or by-laws of the CLIENT, or any material contract, lease or other material agreement or instrument to which the CLIENT is a party or in which the CLIENT has a beneficial interest or by which the CLIENT is bound; (ii) violates any existing applicable law, rule, regulation, judgment, order or decree of any governmental agency or court, domestic or foreign, having jurisdiction over the CLIENT or any of its properties or business; or (iii) has or has had any material adverse effect on any permit, certification, registration, approval, consent, license or franchise necessary for the CLIENT to own or lease and operate any of its properties and to conduct its business or the ability of the CLIENT to make use thereof.
Non-Default. Borrower shall be in compliance with all of the terms and conditions set forth herein and an Event of Default as specified herein, or an event which upon notice or lapse of time or both would constitute such an Event of Default, shall not have occurred or be continuing at the time of such Advance. (b)
Non-Default. That there has occurred no Event of Default under this Agreement, which has not been cured within the applicable cure period.
Non-Default. No Canadian Default or Canadian Event of Default has occurred or is continuing.
Non-Default. The Company, except as described in the SEC Filings, is not in default in the performance or observance of any material obligation, agreement, covenant or condition contained in any indenture, mortgage, deed of trust or other material instrument or agreement to which it is a party or by which it or its property may be bound.
Non-Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the City is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived.
