Status of Material Contracts. A true, complete and correct copy of each Material Contract, including a written summary of the material terms of any oral Material Contract, has been made available to Buyer prior to the date of this Agreement. Except as disclosed in Section 4.14(b) of the Disclosure Schedules, all Material Contracts are valid, binding and in full force and effect and enforceable by Seller in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization and other Laws of general applicability relating to or affecting creditors’ rights and to general equity principles. As to each Material Contract, there does not exist thereunder any default or material breach or violation on the part of Seller or, to the Knowledge of Seller, any other party to such Material Contract, and there does not exist any Event, including the consummation of the Contemplated Transactions, which (with or without notice, passage of time, or both) would constitute a default or material breach or violation thereunder on the part of Seller. No waiver has been granted by Seller or any of the other parties thereto under any of the Material Contracts.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Quality Distribution Inc), Asset Purchase Agreement (Quality Distribution Inc)
Status of Material Contracts. A true, true and complete and correct copy of each Material Contract, including a written summary of the material terms of any oral Material Contract, Contract has been made available to Buyer prior to the date of this AgreementBuyer. Except as disclosed in Section 4.14(b3.9(b) of the Seller Disclosure SchedulesSchedule, to the Knowledge of Seller, all Material Contracts are valid, binding and in full force and effect and enforceable by Seller or a Fund, as applicable, in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization and other Laws of general applicability relating to or affecting creditors’ rights and to general equity principles. As to each Material Contract, there does not exist thereunder any breach, violation or default or material breach or violation on the part of Seller or any Fund, as applicable, or, to the Knowledge of Seller, any other party to such Material Contract, and there does not exist any Event, occurrence or condition, including the consummation of the Contemplated Transactions, which (with or without notice, passage of time, or both) would constitute a breach, violation or default or material breach or violation thereunder on the part of SellerSeller or any Fund, as applicable, which breach, violation or default has, or would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. No waiver of a material term and/or condition has been granted by Seller or any Fund or any of the other parties thereto under any of the Material Contracts.
Appears in 2 contracts
Samples: Transaction Agreement (PSP Family of Funds), Transaction Agreement (Congressional Effect Family of Funds)