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

Performance of Agreements; Materially Adverse Agreements; Material. CONTRACTS. --------- A. Neither 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, would not reasonably be expected to have a Material Adverse Effect. B. Neither Holdings 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, would 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. CONTRACTSContracts. --------- A. Neither Holdings 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 reasonably be expected to have a Material Adverse Effect. B. Neither Holdings Company nor any of its Subsidiaries is a party to or is otherwise subject to any agreements agreement or instruments instrument or any charter or other internal restrictions whichrestriction 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, would 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 Effective Date. Except as described on Schedule 5.8, all All such Material Contracts are in full force and effect and no ------------ material 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 Holdings 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, would not reasonably be expected to have a Material Adverse Effect. B. Neither Holdings No Loan Party 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, would could reasonably be expected to result in a Material Adverse Effect. C. Schedule 5.8 5.8C annexed hereto contains a true, correct and ------------- complete list of all the ------------ Material Contracts in effect on the Closing Date. Except as described on Schedule 5.85.8C annexed hereto, all such Material Contracts ------------- are in full force and effect and no ------------ material defaults currently exist thereunder.