Common use of Status of Contracts Clause in Contracts

Status of Contracts. Each of the contracts, agreements, commitments and instruments listed on Schedules 3.1.15, 3.1.16, 3.1.17, and 3.1.18 and the agreements described in Section 3.1.14.5 (collectively, the "Contracts") is in full force and effect and is valid, binding and enforceable by Dynamotion in accordance with its terms, except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and except that the availability of the equitable remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding may be brought. Except as listed in Schedule 3.1.19, there is no existing material default or violation by Dynamotion under any Contract and no event has occurred that (whether with or without notice, lapse of time or both) would constitute a material default of Dynamotion under any Contract. There is no pending or, to the Knowledge of Dynamotion, threatened proceeding that would interfere with the quiet enjoyment of any leasehold of which Dynamotion is lessee or sublessee. Except set forth on Schedule 3.1.19, no consent of the other parties to the Contracts is necessary for the consummation of the transactions contemplated by this Agreement. Complete and accurate copies of all Contracts have been delivered to ESI. To the Knowledge of Dynamotion, there is no default by any other party to any Contract or any event that (whether with or without notice, lapse of time or both) would constitute a material default by any other party with respect to obligations of that party under any Contract, and, to the Knowledge of Dynamotion, there are no facts that exist indicating that any of the Contracts may be totally or partially terminated or suspended by the other parties. Dynamotion has not granted any waiver or forbearance with respect to any of the Contracts. Dynamotion is not a party to, or bound by, any contract or agreement that Dynamotion can reasonably foresee will result in any material loss to Dynamotion upon the performance thereof (including any liability for penalties or damages, whether liquidated, direct, indirect, incidental, or consequential).

Status of Contracts. Each of the contracts, agreements, commitments and instruments listed on Schedules SCHEDULES 3.1.14, 3.1.15, 3.1.16, 3.1.17, and 3.1.18 3.1.17 and the agreements described in Section 3.1.14.5 3.1.13.5 (collectively, the "Contracts") is in full force and effect and is valid, binding and enforceable by Dynamotion AISI in accordance with its terms, except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and except that the availability of the equitable remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding may be brought. Except as listed in Schedule 3.1.19, there There is no existing material default or violation by Dynamotion AISI under any Contract and no event has occurred that which (whether with or without notice, lapse of time or both) would constitute a material default of Dynamotion AISI under any Contract. There is no pending or, to the Knowledge of Dynamotion, or threatened proceeding that which would interfere with the quiet enjoyment of any leasehold of which Dynamotion AISI is lessee or sublessee. Except set forth on Schedule 3.1.19, no consent of the All other parties to the Contracts have consented or prior to the Closing will have consented (where such consent is necessary for necessary) to the consummation of the transactions contemplated by this AgreementAgreement without modification of the rights or obligations of AISI under any Contract. Complete and accurate copies of all Contracts have been delivered to ESI. To the Knowledge AISI is not aware of Dynamotion, there is no any default by any other party to any Contract or of any event that which (whether with or without notice, lapse of time or both) would constitute a material default by any other party with respect to obligations of that party under any Contract, and, to the Knowledge knowledge of DynamotionAISI, there are no facts that exist indicating that any of the Contracts may be totally or partially terminated or suspended by the other parties. Dynamotion AISI has not granted any waiver or forbearance with respect to any of the Contracts. Dynamotion AISI is not a party to, or bound by, any contract or agreement Contract that Dynamotion AISI can reasonably foresee will result in any material loss to Dynamotion AISI upon the performance thereof (including any liability for penalties or damages, whether liquidated, direct, indirect, incidental, incidental or consequential).

Status of Contracts. Each of the contracts, agreements, commitments and instruments listed on Schedules 3.1.13, 3.1.14, 3.1.15, 3.1.16, 3.1.17, and 3.1.18 and the agreements described in Section 3.1.14.5 3.1.16 (collectively, the "Contracts") is in full force and effect and is valid, binding and enforceable by Dynamotion or its Subsidiaries in accordance with its terms, except as enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and except that the availability of the equitable remedy of specific performance or injunctive relief is subject to the discretion of the court before which any proceeding may be brought. Except as listed in Schedule 3.1.19, there There is no existing material default or violation by Dynamotion Total eMed or its Subsidiaries under any Contract and no event has occurred that which (whether with or without notice, lapse of time or both) would constitute a material default of Dynamotion Total eMed or its Subsidiaries under any Contract, except for such defaults as would not in the aggregate have a Material Adverse Effect. There is no pending or, to the Knowledge of Dynamotion, or threatened proceeding that which would interfere with the quiet enjoyment of any leasehold of which Dynamotion Total eMed or any of its Subsidiaries is lessee or sublessee. Except set forth on Schedule 3.1.19, no consent of the other parties to the Contracts is necessary for the consummation of the transactions contemplated by this Agreement. Complete and accurate copies of all Contracts have been delivered to ESIMDLI. To the Knowledge Total eMed is not aware of Dynamotion, there is no any default by any other party to any Contract or of any event that which (whether with or without notice, lapse of time or both) would constitute a material default by any other party with respect to obligations of that party under any Contract, and, to the Knowledge knowledge of DynamotionTotal eMed, there are no facts that exist indicating that any of the Contracts may be totally or partially terminated or suspended by the other parties, except for defaults that would not have a Material Adverse Effect on Total eMed or its Subsidiaries. Dynamotion Total eMed has not granted any waiver or forbearance with respect to any of the Contracts. Dynamotion is not a party to, or bound by, any contract or agreement that Dynamotion can reasonably foresee will result in any material loss to Dynamotion upon the performance thereof (including any liability for penalties or damages, whether liquidated, direct, indirect, incidental, or consequential).