Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).
Appears in 11 contracts
Samples: Credit Agreement (Synagro Technologies Inc), Credit Agreement (United Road Services Inc), Credit Agreement (U S Plastic Lumber Corp)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with all other such defaults defaults, might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)Effect.
Appears in 7 contracts
Samples: Credit Agreement (Navigant Consulting Inc), Credit Agreement (Fargo Electronics Inc), Credit Agreement (CTN Media Group Inc)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services services, or any agreement with a Manufacturer, where such default, singly or in the aggregate with all other such defaults defaults, might reasonably be expected to have a Material Adverse Effect (except only to or cause the extent that the existence loss of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)a material franchise.
Appears in 5 contracts
Samples: Credit Agreement (Penske Automotive Group, Inc.), Credit Agreement (Penske Automotive Group, Inc.), Fourth Amended and Restated Credit Agreement (Penske Automotive Group, Inc.)
Other Material Obligations. Default in the payment when due, or in -------------------------- the performance or observance of, any material obligation of, or condition agreed to by, the Company Parent or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company Parent or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).
Appears in 4 contracts
Samples: Term Loan Agreement, Intercreditor Agreement (United Rentals North America Inc), Credit Agreement (United Rentals Inc)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with all other such defaults might defaults, could reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)Effect.
Appears in 3 contracts
Samples: Credit Agreement (Semco Energy Inc), Confirmation Credit Agreement (Tokheim Corp), Credit Agreement (Semco Energy Inc)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company Borrower or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company Borrower or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves proceedings) if such default would reasonably be expected to have been made in respect of such default).a Material Adverse Effect; or
Appears in 3 contracts
Samples: Credit Agreement (Citgo Petroleum Corp), Credit Agreement (Citgo Petroleum Corp), Term Loan Agreement (Citgo Petroleum Corp)
Other Material Obligations. Default in the payment when due, or in -------------------------- the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).
Appears in 3 contracts
Samples: Credit Agreement (United Road Services Inc), Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC), Credit Agreement (United Road Services Inc)
Other Material Obligations. Default in the payment when due, or -------------------------- in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).
Appears in 2 contracts
Samples: Credit Agreement (United Rentals Inc), Credit Agreement (United Rentals Inc)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, either of the Company Borrowers or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by either of the Company Borrowers or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).
Appears in 2 contracts
Samples: Credit Agreement (Bogen Communications International Inc), Credit Agreement (Bogen Communications International Inc)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made set aside in respect of such default)) if, in the reasonable judgment of the Bank, such default has had, or is reasonably likely to have, a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Hub International LTD), Credit Agreement (Weston Roy F Inc)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves proceedings) if such default would reasonably be expected to have been made in respect of such default).a Material Adverse Effect; or
Appears in 2 contracts
Samples: Assignment and Acceptance Agreement (Citgo Petroleum Corp), Acceptance Agreement (Citgo Petroleum Corp)
Other Material Obligations. Default in the payment when due, or in -------------------------- the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).; or
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (GTCR Golder Rauner LLC)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any of the Subordinated Debt, the Private Placement Notes Debt or any material purchase or lease of goods or services services, in each such case where such default, singly or in the aggregate with all other such defaults defaults, might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)Effect.
Appears in 1 contract
Samples: Credit Agreement (Energy West Inc)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with all other such defaults might defaults, would reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)Effect.
Appears in 1 contract
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).; or
Appears in 1 contract
Samples: Subordinated Loan Agreement (Synagro Technologies Inc)
Other Material Obligations. Default in the payment when due, or -------------------------- in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with all other such defaults defaults, might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)Effect.
Appears in 1 contract
Other Material Obligations. Default in the payment when due, or in -------------------------- the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with all other such defaults defaults, might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)Effect.
Appears in 1 contract
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services services, or any agreement with an auto manufacturer, where such default, singly or in the aggregate with all other such defaults defaults, might reasonably be expected to have a Material Adverse Effect (except only to or cause the extent that the existence loss of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)a material franchise.
Appears in 1 contract
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Restricted Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Restricted Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)) if, in the reasonable judgment of the Required Banks, such default has had, or is reasonably likely to have, a Material Adverse Effect.
Appears in 1 contract
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might defaults, would reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).
Appears in 1 contract
Samples: Credit Agreement (Regal Beloit Corp)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company or any Subsidiary with respect to any material purchase or lease of goods or services where such default, 42 singly or in the aggregate with all other such defaults defaults, might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)Effect.
Appears in 1 contract
Other Material Obligations. Default in the payment when due, or -------------------------- in the performance or observance of, any material obligation of, or condition agreed to by, the Company Parent or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company Parent or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).
Appears in 1 contract
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company Company, the Guarantor or any Subsidiary of their Subsidiaries with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with all other such defaults might defaults, could reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default)Effect.
Appears in 1 contract
Samples: Credit Agreement (Navteq Corp)
Other Material Obligations. Default in the payment when due, or in the -------------------------- performance or observance of, any material obligation of, or condition agreed to by, the Company Parent or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company Parent or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).
Appears in 1 contract
Samples: Term Loan Agreement (United Rentals North America Inc)
Other Material Obligations. Default in the payment when due, or in the performance or observance of, any material obligation of, or condition agreed to by, the Company Parent or any Subsidiary with respect to any material purchase or lease of goods or services where such default, singly or in the aggregate with other such defaults might reasonably be expected to have a Material Adverse Effect (except only to the extent that the existence of any such default is being contested by the Company Parent or such Subsidiary in good faith and by appropriate proceedings and appropriate reserves have been made in respect of such default).
Appears in 1 contract