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

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 Borrower nor any of Company's 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 have reasonably be expected to result in a Material Adverse Effect. B. Neither Holdings nor Company Borrower nor any of Company's 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 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.

Performance of Agreements; Materially Adverse Agreements; Material Contracts. A. Neither Holdings nor Company nor any of Company's 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 Holdings nor Company nor any of Company's 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 Except as set forth on Schedule 5.8C, all Material Contracts are in full force and effect and no material defaults currently exist thereunder, except for defaults which, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.