Common use of Performance of Agreements; Materially Adverse Agreements; Material Contracts Clause in 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.

Appears in 16 contracts

Samples: Revolving Loan Credit Agreement (Amscan Holdings Inc), Credit Agreement (Bell Industries Inc), Axel Credit Agreement (JCS Realty Corp)

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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 could not reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Sunrise Medical Inc), Credit Agreement (Blackbaud Inc), Credit Agreement (Express Scripts Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Company of the Borrowers nor any of its their Subsidiaries is are 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.

Appears in 1 contract

Samples: Credit Agreement (La Quinta Corp)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Company nor any of its Subsidiaries (including Targets and their respective 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 be likely to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Security Agreement (Urs Corp /New/)

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 material obligations, covenants or conditions contained in any of its material 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 individually or in the aggregate, could not have reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Smiths Food & Drug Centers Inc)

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 material obligations, covenants or conditions contained in any of its material 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 consequencesconse quences, direct or indirect, of such default or defaults, if any, would individually or in the aggregate, could not have reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Smiths Food & Drug Centers Inc)

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 to the knowledge of Company, 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.

Appears in 1 contract

Samples: Security Agreement (Horseshoe Gaming Holding Corp)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Company the Borrowers nor any of its their respective 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.

Appears in 1 contract

Samples: Credit Agreement (Wolverine Tube Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Company Borrowers nor any of its their Restricted 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, consequences of such default or defaults, if any, would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Las Vegas Sands Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Company Holdings 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 ObligationsMaterial Contract, 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 could not have reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Arris Group Inc)

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Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither the Company nor any of its the Company's Subsidiaries is in default in the performance, observance or fulfillment of any of the obligationsObligations, 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 individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Purchase Agreement (Brightstar Corp.)

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 ObligationsMaterial Contracts, 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 could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Lincoln Electric Holdings Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Company BHR, Borrowers nor any of its 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 could reasonably be expected to 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.

Appears in 1 contract

Samples: Credit Agreement (Bristol Hotels & Resorts Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Company 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, would could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Company Credit Agreement (Wj Communications Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Company 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, would not have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Directed Electronics, Inc.)

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