Common use of Performance; No Default under Other Agreements Clause in Contracts

Performance; No Default under Other Agreements. The Company and its respective Subsidiaries, to the extent parties hereto or thereto, shall have performed and complied with all agreements and conditions contained in this Agreement and each of the other Transaction Documents required to be performed or complied with by it prior to or at the Closing (or such compliance shall have been waived in accordance with the terms hereof or thereof, as applicable) and, after giving effect to the issuance and sale of the Securities and the other Transactions (and the application of the proceeds thereof as contemplated by Section 4.17 and the other Transaction Documents), no Default or Event of Default shall have occurred and be continuing and no default or event of default shall have occurred and be continuing under any of the other Financing Documents or under the Credit Documents.

Performance; No Default under Other Agreements. The Company Closing Time Issuers and its each of their respective Subsidiaries, to the extent parties hereto or thereto, shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and each of the other Transaction Documents required to be performed or complied with by it any of them prior to or at the Closing (or such compliance shall have been waived in accordance with the terms hereof or thereofTime, as applicable) and, and after giving effect to the issuance issue and sale of the Securities and the other Transactions (and the application of the proceeds thereof as contemplated by Section 4.17 4.16 hereof and the other Transaction Documents), ) required to be performed or complied with by any of them prior to or at the Closing Time no Default or Event of Default shall have occurred and be continuing and no default or event of default shall have occurred and be continuing under any of the other Financing Documents or under the Credit Transaction Documents.

Performance; No Default under Other Agreements. The Company and its respective Subsidiaries, to the extent parties hereto or thereto, shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and each of the other Transaction Financing Documents and Credit Documents required to be performed or complied with by it prior to or at the Closing (or such compliance shall have been waived in accordance with the terms hereof or thereofClosing, as applicable) and, and after giving effect to the issuance issue and sale exchange of the Securities Notes and the other Transactions (and the application of the proceeds thereof as contemplated by Section 4.17 and the other Transaction Documents), ) no Default or Event of Default shall have occurred and be continuing and no default or event of default shall have occurred and be continuing under any of the other Financing Documents or under the Credit Documents.

Performance; No Default under Other Agreements. The Company Issuers and its each of their respective Subsidiaries, to the extent parties hereto or thereto, Subsidiaries shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and each of the other Transaction Documents (other than as set forth in the Post Closing Letter) required to be performed or complied with by it any of them prior to or at the Closing (or such compliance shall have been waived in accordance with the terms hereof or thereofTime, as applicable) and, and after giving effect to the issuance issue and sale of the Securities and the other Transactions (and the application of the proceeds thereof as contemplated by Section 4.17 hereof and the other Transaction Documents), ) no Default or Event of Default shall have occurred and be continuing under this Agreement and no default or event of default shall have occurred and be continuing under any of the other Financing Transaction Documents or under (unless expressly waived in writing by the Credit DocumentsRequired Noteholders).

Performance; No Default under Other Agreements. The Company and its respective Subsidiaries, to the extent parties hereto or thereto, shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and each of the other Transaction Financing Documents required to be performed or complied with by it prior to or at the Closing (or such compliance shall have been waived in accordance with the terms hereof or thereof, as applicable) and, after giving effect to the issuance issue and sale of the Securities and the other Transactions (and the application of the proceeds thereof as contemplated by Section 4.17 hereof and the other Transaction Documents), no Default or Event of Default shall have occurred and be continuing continuing, and no default or event of default shall have occurred and be continuing under any of the other Financing Documents or under the Credit Documents.

Performance; No Default under Other Agreements. The Company ---------------------------------------------- and its respective Subsidiaries, to the extent parties hereto or thereto, shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and each of the other Transaction Financing Documents and Credit Documents required to be performed or complied with by it prior to or at the Closing (or such compliance shall have been waived in accordance with the terms hereof or thereofClosing, as applicable) and, and after giving effect to the issuance issue and sale of the Securities Notes and the other Transactions (and the application of the proceeds thereof as contemplated by Section 4.17 hereof and the other Transaction Documents), ) no Default or Event of Default shall have occurred and be continuing and no default or event of default shall have occurred and be continuing under any of the other Financing Documents or under the Credit Documents.

Performance; No Default under Other Agreements. The Company Issuers and its each of their respective Subsidiaries, to the extent parties hereto or thereto, shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and each of the other Transaction Documents required to be performed or complied with by it any of them prior to or at the Closing (or such compliance shall have been waived in accordance with the terms hereof or thereofTime, as applicable) and, and after giving effect to the issuance issue and sale of the Securities Notes and the other Transactions (and the application of the proceeds thereof as contemplated by Section 4.17 hereof and the other Transaction Documents), ) no Default or Event of Default shall have occurred and be continuing and no default or event of default shall have occurred and be continuing under any of the other Financing Documents or under the Credit Transaction Documents.

Performance; No Default under Other Agreements. The Company Issuers and its each of their respective Subsidiaries, to the extent parties hereto or thereto, shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and each of the other Transaction Basic Documents required to be performed or complied with by it any of them prior to or at the Closing (or such compliance shall have been waived in accordance with the terms hereof or thereof, as applicable) Time and, after giving effect to the issuance issue and sale of the Purchased Securities and the other Transactions (and the application of the proceeds thereof as contemplated by Section 4.17 hereof and the other Transaction Basic Documents), no Default or Event of Default shall have occurred and be continuing and no default or event of default shall have occurred and be continuing under any of the other Financing Documents or under the Credit Basic Documents.

Performance; No Default under Other Agreements. The Company Issuers and its each of their respective Subsidiaries, to the extent parties hereto or thereto, shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and each of the other Transaction Documents required to be performed or complied with by it any of them prior to or at the Closing (or such compliance shall have been waived in accordance with the terms hereof or thereof, as applicable) Time and, after giving effect to the issuance issue and sale of the Purchased Securities and the other Transactions (and the application of the proceeds thereof as contemplated by Section 4.17 hereof and the other Transaction Documents), no Default or Event of Default shall have occurred and be continuing and no default or event of default shall have occurred and be continuing under any of the other Financing Documents or under the Credit Transaction Documents.

Performance; No Default under Other Agreements. The Company and its respective Subsidiaries, to the extent parties hereto or thereto, shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and each of the other Transaction Documents required to be performed or complied with by it any of them prior to or at the Closing (or such compliance shall have been waived in accordance with the terms hereof or thereofTime, as applicable) and, and after giving effect to the issuance issue and sale of the Securities and the other Transactions (and the application of the proceeds thereof as contemplated by Section 4.17 hereof and the other Transaction Documents), ) no Default or Event of Default shall have occurred and be continuing and no default or event of default shall have occurred and be continuing under any of the other Financing Documents or under the Credit Transaction Documents.