Common use of Performance of Agreements; Material Contracts Clause in Contracts

Performance of Agreements; Material Contracts. A. Neither Holdings nor Company nor any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any of its Contractual Obligations, and no condition exists that, with the giving of notice or the lapse of time or both, would constitute such a default, except where the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to result in a Material Adverse Effect. B. Neither Holdings nor Company nor any of its Subsidiaries is a party to or is otherwise subject to any charter or other internal restrictions which, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Bare Escentuals Inc), Credit Agreement (Bare Escentuals Inc), Term Loan Agreement (Bare Escentuals Inc)

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Performance of Agreements; Material Contracts. A. Neither Holdings nor Company nor any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any of its Contractual Obligations, and no condition exists that, with the giving of notice or the lapse of time or both, would constitute such a default, except where the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to result in a Material Adverse Effect. B. Neither Holdings nor Company nor any of its Subsidiaries is a party to or is otherwise subject to any charter or other internal restrictions which, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Clayton Holdings Inc)

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Performance of Agreements; Material Contracts. A. Neither Holdings nor Company nor None of Borrower or any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any of its Contractual Obligations, and no condition exists that, with the giving of notice or the lapse of time or both, would constitute such a default, except where the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to result in a Material Adverse Effect. B. Neither Holdings nor Company nor None of Borrower or any of its Subsidiaries is a party to or is otherwise subject to any agreements or instruments or any charter or other internal restrictions whichthat, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Courtside Acquisition Corp)

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