Performance of Contracts, Etc Sample Clauses

Performance of Contracts, Etc. Except to the extent contested in good faith, the Borrower shall perform according to and shall comply with all of its contractual obligations and all requirements of law if nonperformance thereof would materially and adversely affect the business or credit of the Borrower on an individual basis or would materially impair the ability of the Borrower to perform this Loan Agreement, the Regulatory Agreement, or the Note or any other agreement or instrument herein or therein contemplated.

Performance of Contracts, Etc. Neither the Company nor any of the other Loan Parties is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any contract, agreement, indenture, mortgage, lease or other binding understanding or arrangement of any such Person, and no condition exists that, with the giving of notice or the lapse of time or both, would constitute such a default, in each case, that could have a Material Adverse Effect.

Performance of Contracts, Etc. Except as set forth in Schedule 4.10, none of the Seller or any of its Affiliates is in breach or violation of, or in default under, any Material Contract. To the Seller’s Knowledge, all Material Contracts are currently in full force and effect and enforceable in accordance with their terms. To the Seller’s Knowledge, all Material Contracts will continue in full force and effect after the execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement, without breaching the terms thereof or resulting in the forfeiture or impairment of any rights thereunder and without the consent of any other Person, except as set forth in Schedule 4.3(b). To the Seller’s Knowledge, the Seller or its Affiliates have fulfilled and performed in all material respects their respective obligations under each Material Contract and are not, and have not been alleged to be, in breach or violation of, or in default under, any Material Contract. To the Seller’s Knowledge, the other parties to each Material Contract have fully complied in all material respects with their obligations thereunder and are not in material breach or violation thereof. The Seller is not currently renegotiating any Material Contract (except in the Ordinary Course of Business) or paying liquidated damages in lieu of performance thereunder. Complete and correct copies of each Material Contract have been made available to the Buyer by the Seller.

Performance of Contracts, Etc. Debtor shall perform according to and shall comply with those contractual obligations of Debtor, non-performance of which would adversely affect the business of Debtor or would impair the ability of Debtor to perform this Agreement.

Performance of Contracts, Etc. Neither the Borrower nor any of the other Loan Parties is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any contract, agreement, indenture, mortgage, lease or other binding understanding or arrangement of any such Person, and no condition exists that, with the giving of notice or the lapse of time or both, would constitute such a default, in each case, that could reasonably be expected to have a Material Adverse Effect.

Performance of Contracts, Etc. Each Debtor shall perform according to and shall comply with those contractual obligations of such Debtor, non-performance of which would materially adversely affect the business of such Debtor or would impair the ability of such Debtor to perform this Agreement.

Performance of Contracts, Etc. The Company is not in default under, nor have they breached any provision of, any contract, agreement, document, lease, license, permit, instrument, indenture, insurance policy, or other obligation of the Company, and there are no oral modifications or past practices inconsistent with the written terms of any of the foregoing. All of such contracts, agreements, instruments, documents, leases, licenses, permits, indentures, policies and other obligations are currently in full force and effect. The other parties to such contracts, agreements, instruments, documents, leases, licenses, permits, indentures, policies and other obligations have complied with their obligations thereunder and are not in breach thereof. The Company has fully performed each such term, condition and covenant of each such contract, agreement, instrument, document, lease, license, permit, indenture, policy or other obligation required to be performed on or prior to the date hereof. The Shareholders know of no state of facts which, with the giving of notice or the passing of time, or both, would give rise to any default.

Performance of Contracts, Etc. The Sellers are not in default under, nor have they breached any provision of, any contract, agreement, instrument, document, lease, license, permit, indenture, insurance policy or other obligation of the Sellers relating to the Business, and there is no material oral modification or past practice inconsistent with the written terms of any of the foregoing. All of such contracts, agreements, instruments, documents, leases, licenses, permits, indentures, policies and other obligations are currently in full force and effect. To the knowledge of the Sellers and the Shareholder, the other parties to such contracts, agreements, instruments, documents, leases, licenses, permits, indentures, policies and other obligations have complied with their obligations thereunder and are not in breach thereof. The Sellers fully have performed each such term, condition and covenant of each such contract, agreement, instrument, document, lease, license, permit, indenture, policy or other obligation required to be performed on or prior to the date hereof. The Sellers and the Shareholder know of no state or facts which, with the giving of notice or the passing of time, or both, would give rise to any default in or under any of the above.

Performance of Contracts, Etc. Capricorn is not in default under, nor has it breached any provision of, any contract, agreement, instrument, document, lease, license, permit, indenture, insurance policy or other obligation of Capricorn relating to the Business, and there is no material oral modification or past practice inconsistent with the written terms of any of the foregoing. All of such contracts, agreements, instruments, documents, leases, licenses, permits, indentures, policies and other obligations are currently in full force and effect. To the knowledge of Capricorn and the Shareholder, the other parties to such contracts, agreements, instruments, documents, leases, licenses, permits, indentures, policies and other obligations have complied with their obligations thereunder and are not in breach thereof. Capricorn fully has performed each such term, condition and covenant of each such contract, agreement, instrument, document, lease, license, permit, indenture, policy or other obligation required to be performed on or prior to the date hereof. Capricorn and the Shareholder know of no state or facts which, with the giving of notice or the passing of time, or both, would give rise to any default in or under any of the above.

Performance of Contracts, Etc. Buyer shall assume and agree to observe, perform, fulfill and discharge the terms and conditions to be observed, performed and discharged by the Sellers under the Contracts, excepting however, any Contract the assignment of which requires the consent of any third party if such consent is not hereafter obtained and the contract party whose consent is required objects or declines to agree to the assignment for no consideration other than the Buyer's agreement to assume the Sellers' obligations thereunder; provided, that until such time as a third party objects or declines to agree to the assignment of a Contract to the Buyer or otherwise makes a claim against the Buyer or the Sellers based on the assignment of such Contract without such third party's consent, such Contract shall be treated by the parties hereto as if it has been assumed by the Buyer for all other purposes hereunder, and the Buyer shall perform the obligations of the Sellers under such Contract and under this Agreement in the same manner as if it had in fact been assigned to and assumed by the Buyer.