Common use of Status of Scheduled Contracts Clause in Contracts

Status of Scheduled Contracts. Except as otherwise disclosed on Schedule 3.17(b) of the Disclosure Schedules, as of the Effective Date, (x) each of the Scheduled Contracts is in full force and effect; (y) a true and complete copy of each written Scheduled Contract (and all amendments thereto); and (z) there are no oral modifications or amendments to any of the Scheduled Contracts. In addition: (i) All of the Scheduled Contracts have been legally awarded and are binding on the parties thereto, and each of the Companies, as the case may be, is in material compliance with all terms and conditions in such Scheduled Contracts; (ii) Neither of the Companies has received any written notice of deficient performance or administrative deficiencies relating to any Scheduled Contract; (iii) Neither of the Companies has received any notice of any stop work orders, terminations, cure notices, show cause notices or notices of default or breach under any of the Scheduled Contracts, nor has any such action been threatened or asserted; (iv) Each Scheduled Contract was entered into in the ordinary course of business and, based upon assumptions that the Companies’ management believes to be reasonable and subject to such assumptions being fulfilled; (v) There are no Scheduled Contracts for the provision of goods or services by either of the Companies that include a liquidated damages clause or unlimited liability by the Companies, or liability for consequential damages; (vi) There are no Scheduled Contracts for the provision of goods or services by either of the Companies that require the applicable Company to post a surety, performance or other bond or to be an account party to a letter of credit or bank guarantee; (vii) There are no written claims of any type, or requests for equitable adjustments outstanding or, to the Knowledge of the Companies, threatened under any Scheduled Contracts in process and no money presently due to either of the Companies on any Scheduled Contract has been withheld or set off or subject to attempts to withhold or setoff; and (viii) No party to a Scheduled Contract has notified either of the Companies that a Company has breached or violated any Law or any certification, representation, clause, provision or requirement of any Scheduled Contract.

Status of Scheduled Contracts. Status of Scheduled Contracts. Except as otherwise disclosed on Schedule Section 3.17(b) of the Disclosure SchedulesSchedule, as of the Effective Date, (x) each of the Scheduled Contracts is in full force and effect; (y) , and a true and complete copy of each written Scheduled Contract (and a true and accurate summary of all amendments thereto); and (z) there are no provisions of each oral modifications Scheduled Contract has been delivered or amendments made available to any of the Scheduled ContractsICF. In addition: (i) All of the Scheduled Contracts have been legally awarded and are binding on the parties thereto, and each of Synergy or the Companiesapplicable Acquired Subsidiary, as the case may be, is in material compliance with all terms and conditions in such Scheduled Contracts; (ii) Neither Synergy nor any of the Companies Acquired Subsidiaries has received any written notice of deficient performance or administrative deficiencies relating to any Scheduled Contract; (iii) Neither Synergy nor any of the Companies Acquired Subsidiaries has received any written notice of any stop work orders, terminations, cure notices, show cause notices or notices of default or breach under any of the Scheduled Contracts, nor to the Knowledge of Synergy has any such action been threatened or asserted;; and (iv) Each There is no active Scheduled Contract was entered into in the ordinary course of business and, based upon assumptions that the Companies’ management believes to be reasonable and subject to such assumptions being fulfilled; (v) There are no Scheduled Contracts for the provision of goods or services by either Synergy or any of the Companies that include a liquidated damages clause Acquired Subsidiaries which the most recent estimated total costs of completing, including any unexercised options, as estimated in good faith by Synergy or unlimited liability by the Companies, or liability for consequential damages; (vi) There are no Scheduled Contracts for the provision of goods or services by either of the Companies that require the applicable Company to post a suretyAcquired Subsidiaries, performance or other bond or to be an account party to a letter of credit or bank guarantee; (vii) There are no written claims of any type, or requests for equitable adjustments outstanding or, to the Knowledge of the Companies, threatened under any Scheduled Contracts in process and no money presently due to either of the Companies on any indicates that such Scheduled Contract has been withheld or set off or subject to attempts to withhold or setoff; and (viii) No party to will be completed at a Scheduled Contract has notified either of the Companies that a Company has breached or violated any Law or any certification, representation, clause, provision or requirement of any Scheduled Contractloss.

Status of Scheduled Contracts. Except as otherwise disclosed on Schedule 3.17(b4.17(b) of the Disclosure Schedules, as of the Effective Date, (xi) each of the Scheduled Contracts is in full force and effect; (yii) a true and complete copy of each written Scheduled Contract (and all amendments thereto)) and a true and accurate summary of all provisions of each oral Scheduled Contract has been delivered or made available to ATS; and (ziii) there are no oral modifications or amendments to any of the Scheduled Contracts. In addition, with respect to Scheduled Contracts other than Government Contracts: (i) All of the Scheduled Contracts have been legally awarded and are binding on NSS and, to the Knowledge of NSS, the other parties thereto, and each of the Companies, as the case may be, NSS is in material compliance with all terms and conditions in such Scheduled Contracts; (ii) Neither of the Companies NSS has not received any written (or to the Knowledge of NSS, oral) notice of deficient performance or administrative deficiencies relating to any Scheduled Contract; (iii) Neither of the Companies NSS has not received any written notice of any stop work orders, terminations, cure notices, show cause notices or notices of default or breach under any of the Scheduled Contracts, nor nor, to the Knowledge of NSS, has any such action been threatened or asserted; (iv) Each Scheduled Contract was entered into in the ordinary course of business andbusiness. Except as reflected in the Financial Statements, based upon assumptions there is no Scheduled Contract for which the most recent estimated total costs of completing, including any unexercised options, as estimated in good faith by NSS, indicates that the Companies’ management believes to such Scheduled Contract will be reasonable and subject to such assumptions being fulfilledcompleted at a loss; (v) There are no Scheduled Contracts for the provision of goods or services by either of the Companies NSS that include a liquidated damages clause or provide for unlimited liability by the Companiesof NSS, or liability for consequential damages; (vi) There are no Scheduled Contracts for the provision of goods or services by either NSS or other agreements of the Companies any kind that require the applicable Company NSS to post a surety, performance or other bond or to be an account party to a letter of credit or bank guarantee; (vii) There are no written claims of any type, or written requests for equitable adjustments outstanding or, to the Knowledge of the CompaniesNSS, threatened under any Scheduled Contracts in process and no money presently due to either of the Companies NSS on any Scheduled Contract has been withheld or set off or subject to attempts to withhold or setoff; and (viii) No party to a Scheduled Contract has notified either NSS in writing (or to the Knowledge of the Companies NSS, orally) that a Company NSS has breached or violated any Law or any certification, representation, clause, provision or requirement of any Scheduled Contract.

Status of Scheduled Contracts. Except as otherwise disclosed on Schedule 3.17(b) of the Disclosure Schedules, as of the Effective Date, (x) each of the Scheduled Contracts is in full force and effect; (y) a true and complete copy of each written Scheduled Contract (and all amendments thereto)) and a true and accurate summary of all provisions of each oral Scheduled Contract has been delivered or made available to FSAC; and (z) there are no oral modifications or amendments to any of the Scheduled Contracts. In addition: (i) All of the Scheduled Contracts have been legally awarded and are binding on the parties thereto, and each of ATS or the Companiesapplicable Acquired Subsidiary, as the case may be, is in material compliance with all terms and conditions in such Scheduled Contracts; (ii) Neither ATS nor any of the Companies Acquired Subsidiaries has received any written notice of deficient performance or administrative deficiencies relating to any Scheduled Contract; (iii) Neither ATS nor any of the Companies Acquired Subsidiaries has received any notice of any stop work orders, terminations, cure notices, show cause notices or notices of default or breach under any of the Scheduled Contracts, nor nor, to the Knowledge of ATS, has any such action been threatened or asserted; (iv) Each Scheduled Contract was entered into in the ordinary course of business and, based upon assumptions that ATS’ or the Companiesapplicable Acquired Subsidiaries’ management believes to be reasonable and subject to such assumptions being fulfilled, should be capable of being performed in accordance with its terms and conditions without a loss. There is no Scheduled Contract for which the most recent estimated total costs of completing, including any unexercised options, as estimated in good faith by ATS or the applicable Acquired Subsidiaries, indicates that such Scheduled Contract will be completed at a loss; (v) There are no Scheduled Contracts for the provision of goods or services by either ATS or any of the Companies Acquired Subsidiaries that include a liquidated damages clause or unlimited liability by ATS or any of the CompaniesAcquired Subsidiaries, or liability for consequential damages; (vi) There are no Scheduled Contracts for the provision of goods or services by either ATS or any of the Companies Acquired Subsidiaries that require ATS or the applicable Company Acquired Subsidiaries to post a surety, performance or other bond or to be an account party to a letter of credit or bank guarantee; (vii) There are no written claims of any type, or requests for equitable adjustments outstanding or, to the Knowledge of the Companies, ATS threatened under any Scheduled Contracts in process and no money presently due to either of the Companies ATS or to any Acquired Subsidiary on any Scheduled Contract has been withheld or set off or subject to attempts to withhold or setoff; and (viii) No party to a Scheduled Contract has notified either ATS, or any of the Companies Acquired Subsidiaries that a Company ATS or any of the Acquired Subsidiaries has breached or violated any Law or any certification, representation, clause, provision or requirement of any Scheduled Contract.

Status of Scheduled Contracts. Except as otherwise disclosed on Schedule Section 3.17(b) of the Disclosure Schedules, as of the Effective DateSchedule, (x) each of the Scheduled Contracts is in full force and effect; (y) a true and complete copy of each written Scheduled Contract (and all amendments thereto)) and a true and accurate summary of all provisions of each oral Scheduled Contract has been delivered or made available to ICF; and (z) there are no oral modifications or amendments to any of the Scheduled Contracts. In addition: (i) All of the Scheduled Contracts have been legally awarded and are binding on the parties thereto, and each of Caliber or the Companiesapplicable Acquired Subsidiary, as the case may be, is in material compliance with all terms and conditions in such Scheduled Contracts; (ii) Neither Caliber nor any of the Companies Acquired Subsidiaries has received any written notice of deficient performance or administrative deficiencies relating to any Scheduled Contract; (iii) Neither Caliber nor any of the Companies Acquired Subsidiaries has received any notice of any stop work orders, terminations, cure notices, show cause notices or notices of default or breach under any of the Scheduled Contracts, nor nor, to the Knowledge of Caliber, has any such action been threatened or asserted; (iv) Each Scheduled Contract was entered into in the ordinary course of business and, based upon assumptions that Caliber’s or the Companiesapplicable Acquired Subsidiaries’ management believes to be reasonable and subject to such assumptions being fulfilled, should be capable of being performed in accordance with its terms and conditions without a loss. There is no Scheduled Contract for which the most recent estimated total costs of completing, including any unexercised options, as estimated in good faith by Caliber or the applicable Acquired Subsidiaries, indicates that such Scheduled Contract will be completed at a loss; (v) There are no Scheduled Contracts for the provision of goods or services by either Caliber or any of the Companies Acquired Subsidiaries that include a liquidated damages clause or unlimited liability by Caliber or any of the CompaniesAcquired Subsidiaries, or liability for consequential damages; (vi) There are no Scheduled Contracts for the provision of goods or services by either Caliber or any of the Companies Acquired Subsidiaries that require Caliber or the applicable Company Acquired Subsidiaries to post a surety, performance or other bond or to be an account party to a letter of credit or bank guarantee; (vii) There are no written claims of any type, or requests for equitable adjustments outstanding or, to the Knowledge of the CompaniesCaliber, threatened under any Scheduled Contracts in process and no money presently due to either of the Companies Caliber or to any Acquired Subsidiary on any Scheduled Contract has been withheld or set off or subject to attempts to withhold or setoff; and (viii) No party to a Scheduled Contract has notified either Caliber, or any of the Companies Acquired Subsidiaries that a Company Caliber or any of the Acquired Subsidiaries has breached or violated any Law or any certification, representation, clause, provision or requirement of any Scheduled Contract.