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

PERFORMANCE OF AGREEMENTS; MATERIALLY ADVERSE AGREEMENTS. On and after the Closing Date and after giving effect to the Transactions, neither the 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 indenture, agreement, contract or instrument to which it is a party or by which it or any of its property may be bound, and no condition exists that, with the giving of notice or the lapse of time or both, would constitute such a default, except, in each case, where the consequences, direct or indirect, of such default or defaults, if any, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

PERFORMANCE OF AGREEMENTS; MATERIALLY ADVERSE AGREEMENTS. On and after the Closing Restatement Date and after giving effect to the Transactionstransactions contemplated by the Loan Documents, neither none of Holdings, the Company nor or any of its the Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any indenture, agreement, contract or instrument to which it is a party or by which it or any of its property may be bound, and no condition exists that, with the giving of notice or the lapse of time or both, would constitute such a default, except, in each case, where the consequences, direct or indirect, of such default or defaults, if any, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

PERFORMANCE OF AGREEMENTS; MATERIALLY ADVERSE AGREEMENTS. On and after the Closing Date and after giving effect to the Transactionstransactions contemplated herein, neither the Company Holdings nor any of its the Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any indenture, agreement, contract or instrument to which it is a party or by which it or any of its property may be bound, and no condition exists that, with the giving of notice or the lapse of time or both, would constitute such a default, except, in each case, where the consequences, direct or indirect, of such default or defaults, if any, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.

PERFORMANCE OF AGREEMENTS; MATERIALLY ADVERSE AGREEMENTS. On and after the Closing Restatement Date and after giving effect to the Transactions, neither none of Holdings, the Company nor or any of its the Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any indenture, agreement, contract or instrument to which it is a party or by which it or any of its property may be bound, and no condition exists that, with the giving of notice or the lapse of time or both, would constitute such a default, except, in each case, where the consequences, direct or indirect, of such default or defaults, if any, individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect.