Common use of PERFORMANCE OF AGREEMENTS; MATERIALLY ADVERSE AGREEMENTS Clause in Contracts

PERFORMANCE OF AGREEMENTS; MATERIALLY ADVERSE AGREEMENTS. (a) No Company 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 or event 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) No Company 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.