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

PERFORMANCE OF AGREEMENTS; MATERIALLY ADVERSE AGREEMENTS. (a) Neither the Company nor any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obliga- tions, covenants or conditions contained in any of its Contractual Obligations, and no condition exists that as of the Closing Date, 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 the Company 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, could reasonably be expected to result in a Material Adverse Effect.

PERFORMANCE OF AGREEMENTS; MATERIALLY ADVERSE AGREEMENTS. (a) A. Neither the Company nor any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obliga- tionsobligations, covenants or conditions contained in any of its Contractual Obligations, and to Company's knowledge no condition exists that as of the Closing Datethat, 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 reasonably be expected to have a Material Adverse Effect. (b) B. Neither the Company 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, could reasonably be expected to result in a Material Adverse Effect.

PERFORMANCE OF AGREEMENTS; MATERIALLY ADVERSE AGREEMENTS. (a) A. Neither the Parent, Company nor any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obliga- tionsobligations, covenants or conditions contained in any of its Contractual Obligations, and no condition exists that as of the Closing Datethat, 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 reasonably be expected to have a Material Adverse Effect. (b) B. Neither the Parent, 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 could reasonably be expected to result in, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

PERFORMANCE OF AGREEMENTS; MATERIALLY ADVERSE AGREEMENTS. (a) A. Neither the Company nor any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obliga- tionsobligations, covenants or conditions contained in any of its Contractual Obligations, and no condition exists that as of the Closing Datethat, 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 has not had and could not reasonably be expected to have a Material Adverse Effect. (b) B. Neither the Company 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, could reasonably be expected to result in a Material Adverse Effect.