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

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.

Appears in 6 contracts

Samples: Security Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)

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Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Borrower Parent 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, consequences of such default or defaults, if any, individually or in the aggregate, could would not reasonably be expected to result in have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (CFP Holdings Inc), Credit Agreement (CFP Holdings Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Borrower No Loan Party 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 have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Prime Succession Inc), Credit Agreement (Rose Hills Co)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Borrower Holdings nor Company nor any of its 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, individually or in the aggregate, could would not reasonably be expected to result in have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Horticulture Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. (A) Neither Borrower the 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 constitute such a default, except where the consequences, direct or indirect, consequences of such default or defaults, if any, individually or in the aggregate, could would not reasonably be expected to result in have a Material Adverse Effect.

Appears in 2 contracts

Samples: Construction Loan Agreement (Las Vegas Sands Corp), Construction Loan Agreement (Las Vegas Sands Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Borrower 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 constitute such a default, except where the consequences, direct or indirect, consequences of such default or defaults, if any, individually or in the aggregate, could would not reasonably be expected to result in have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Grand Canal Shops Mall Construction LLC), Credit Agreement (Las Vegas Sands Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Borrower 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 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 would not reasonably be expected to result in have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (La Quinta Properties Inc), Security Agreement (MBW Foods Inc)

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 have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Winsloew Furniture Inc), Credit Agreement (Winsloew Furniture Inc)

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.

Appears in 2 contracts

Samples: Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Borrower Except as set forth in Schedule 5.6, 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, than 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 would not reasonably be expected to result in have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

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Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Borrower nor None of Company, any Plessey Entity or 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, individually or in the aggregate, could would not reasonably be expected to result in have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Mitel Corp)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Borrower 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, individually or in the aggregate, could would not reasonably be expected likely to result in a Material Adverse EffectEffect on Company.

Appears in 1 contract

Samples: Credit Agreement (Urs Corp /New/)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Except as excused by the Bankruptcy Code or applicable order of the Court, Neither Borrower 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, of such default or defaults, if any, individually or in the aggregate, could not reasonably be expected to result in have a Material Adverse Effect.

Appears in 1 contract

Samples: Farmland Industries Inc

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Borrower None of the 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, individually or in the aggregate, could would not reasonably be expected to result in have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Las Vegas Sands Corp)

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Borrower Borrowers nor any of its their Subsidiaries is in default in the performance, observance or fulfillment of any of the obligationsContractual 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, individually or in the aggregate, could would not reasonably be expected to result in have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Grand Canal Shops Mall Construction LLC)

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