Performance of Agreements; Materially Adverse Agreements; Material. Contracts. ---------
A. Neither 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, would not have a Material Adverse Effect.
B. Neither Company nor any of its Subsidiaries is a party to or is otherwise subject to any agreement or instrument or any charter or other internal restriction which has had, or could reasonably be expected (based upon assumptions that are reasonable at the time made) to result in, individually or in the aggregate, a Material Adverse Effect.
C. Schedule 5.8 contains a true, correct and complete list of all ------------ the Material Contracts in effect on the Effective Date. All such Material Contracts are in full force and effect and no defaults currently exist thereunder, except where the failure to be in full force and effect, and except for such defaults which, could not reasonably be expected to have a Material Adverse Effect.
Performance of Agreements; Materially Adverse Agreements; Material. CONTRACTS. ---------
A. Neither 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, would not have a Material Adverse Effect.
B. Neither Company nor any of its Subsidiaries is a party to or is otherwise subject to any agreements or instruments or any charter or other internal restrictions which, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.
C. Schedule 5.8 contains a true, correct and complete list of all the ------------ Material Contracts in effect on the Closing Date. Except as described on Schedule 5.8, all such Material Contracts are in full force and effect and no ------------ material defaults currently exist thereunder.
Performance of Agreements; Materially Adverse Agreements; Material. CONTRACTS. ---------
A. Neither Holdings nor Company nor any of Company's 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, would not have a Material Adverse Effect.
B. Neither Holdings nor Company nor any of Company's Subsidiaries is a party to or is otherwise subject to any agreements or instruments or any charter or other internal restrictions which, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.
C. All Material Contracts are in full force and effect and no material defaults currently exist thereunder.
Performance of Agreements; Materially Adverse Agreements; Material. Contracts. ---------
A. Neither Holdings nor Company nor any of Company's 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, would not have a Material Adverse Effect.
B. Neither Holdings nor Company nor any of Company's Subsidiaries is a party to or is otherwise subject to any agreements or instruments or any charter or other internal restrictions which, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.
C. All Material Contracts are in full force and effect and no material defaults currently exist thereunder.
Performance of Agreements; Materially Adverse Agreements; Material. Contracts. ---------
A. Neither Borrower 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 Borrower nor any of its Subsidiaries is a party to or is otherwise subject to any agreements or instruments or any charter or other internal restrictions which, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.
C. Except as described in Schedule 5.8, all Material Contracts of ------------ Borrower and its Subsidiaries are in full force and effect and no material defaults currently exist thereunder. 103
Performance of Agreements; Materially Adverse Agreements; Material. Contracts. ----------
A. Neither Borrowers nor any of their 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 of such default or defaults, if any, would not have a Material Adverse Effect.
B. Schedule 5.8 contains a true, correct and complete list of all the Material Contracts in effect on the Closing Date. Except as described on Schedule 5.8, all such Material Contracts are, to the knowledge of Borrowers, in full force and effect and no material defaults currently exist thereunder.
Performance of Agreements; Materially Adverse Agreements; Material. Contracts. ---------
Performance of Agreements; Materially Adverse Agreements; Material. CONTRACTS. ---------
A. Neither 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, would not have a Material Adverse Effect.
B. Neither Company nor any of its Subsidiaries is a party to or is otherwise subject to any agreements or instruments or any charter or other internal restrictions which, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.
C. All Material Contracts are in full force and effect and no material defaults currently exist thereunder.
Performance of Agreements; Materially Adverse Agreements; Material. Contracts. ---------
A. Neither Borrower 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, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
B. Neither Borrower nor any of its Subsidiaries is a party to or is otherwise subject to any agreements or instruments or any charter or other internal restrictions or any provision of any applicable law, rule or regulation that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.
C. Schedule 5.8 contains a true, correct and complete list of all of the ------------ Material Contracts in effect on the Effective Date. Except as described on Schedule 5.8, all such Material Contracts are in full force and effect and no ------------ defaults currently exist thereunder, except for defaults that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Performance of Agreements; Materially Adverse Agreements; Material. Contracts. ---------
A. Neither 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 have a Material Adverse Effect.
B. Neither Company nor any of its Subsidiaries is a party to or is otherwise subject to any agreements or instruments or any charter or other internal restrictions which, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.
C. Schedule 5.8 contains a true, correct and complete list of all the ------------ Material Contracts in effect on the Closing Date. Except as described on Schedule 5.8, all such Material Contracts are in full force and effect and no ------------ material defaults currently exist thereunder.
D. Neither Company nor any of its Subsidiaries has entered into any currently effective contracts for the sale of the Closing Date Mortgaged Properties, nor do there exist any currently effective rights of first refusal or options to purchase such properties.
