Common use of Absence of Existing Defaults and Conflicts Clause in Contracts

Absence of Existing Defaults and Conflicts. None of the Company, its Significant Subsidiaries and the Guarantors is in violation of its respective charter or by-laws (or similar organizational documents) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, result in a material adverse effect on the condition (financial or otherwise), results of operations, business, properties or prospects of the Company, its Significant Subsidiaries and the Guarantors taken as a whole (“Material Adverse Effect”).

Absence of Existing Defaults and Conflicts. None Neither the Company nor any of the Company, its Significant Subsidiaries and the Guarantors subsidiaries is in violation of its respective charter or by-laws (or similar organizational documents) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, result in a material adverse effect on the condition (financial or otherwise), results of operations, business, properties or prospects of the Company, Company and its Significant Subsidiaries and the Guarantors subsidiaries taken as a whole (“Material Adverse Effect”).

Absence of Existing Defaults and Conflicts. None Neither the Company nor any of the Company, its Significant Subsidiaries and the Guarantors subsidiaries is in violation of its respective charter or by-laws (or similar other organizational documents) , or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, result in a material adverse effect on the condition (financial or otherwise), results of operations, business, business or properties or prospects of the Company, Company and its Significant Subsidiaries and the Guarantors subsidiaries taken as a whole (“Material Adverse Effect”).

Absence of Existing Defaults and Conflicts. None Neither the Company nor any of the Company, its Significant Subsidiaries and the Guarantors subsidiaries is in violation of its respective charter or byMemorandum of Association, Bye-laws (or similar organizational documents) documents or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would notnot be, individually or in the aggregate, result in a material adverse effect on the condition (financial or otherwise), results of operations, business, properties or prospects material of the Company, Company and its Significant Subsidiaries and the Guarantors subsidiaries taken as a whole (“Material Adverse Effect”)whole.

Absence of Existing Defaults and Conflicts. None Neither the Company nor any of the Company, its Significant Subsidiaries and the Guarantors Affiliated Entities is in violation of its respective charter or by-laws (or similar organizational documents) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, result in a material adverse effect on the condition (financial or otherwise), results of operations, business, properties or prospects of the Company, its Significant Company and the Subsidiaries and the Guarantors Affiliated Entities taken as a whole (“Material Adverse Effect”).

Absence of Existing Defaults and Conflicts. None of the Company, its Significant Subsidiaries and the Guarantors or their respective subsidiaries is in violation of its respective charter or charter, by-laws (laws, or similar other organizational documents) documents or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, obligation agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, result in a material adverse effect on the condition (financial or otherwise)condition, results of operations, business, properties or prospects of the Company, its Significant Subsidiaries and the Guarantors and their respective subsidiaries taken as a whole (“Material Adverse Effect”).

Absence of Existing Defaults and Conflicts. None Neither the Company nor any of the Company, its Significant Subsidiaries and the Guarantors subsidiaries is in violation of its respective charter or by-laws (or similar organizational documents) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any written (i) indenture, (ii) loan agreement, (iii) mortgage, (iv) lease or (v) other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, result in a material adverse effect on the condition (financial or otherwise), results of operations, business, properties or prospects of the Company, Company and its Significant Subsidiaries and the Guarantors subsidiaries taken as a whole (“Material Adverse Effect”).

Absence of Existing Defaults and Conflicts. None Neither the Company nor any of the Company, its Significant Subsidiaries and the Guarantors subsidiaries is (A) in violation of its respective charter or by-laws or (or similar organizational documentsB) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except except, for the purposes of clause (B) such defaults that would not, individually or in the aggregate, result in a material adverse effect on the condition (financial or otherwise), results of operations, business, properties or prospects of the Company, Company and its Significant Subsidiaries and the Guarantors subsidiaries taken as a whole (“Material Adverse Effect”).

Absence of Existing Defaults and Conflicts. None Neither the Company nor any of the Company, its Significant Subsidiaries and the Guarantors subsidiaries is (A) in violation of its respective charter or by-laws or (or similar organizational documentsB) or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except except, for the purposes of clause (B), such defaults that would not, individually or in the aggregate, result in a material adverse effect on the condition (financial or otherwise), results of operations, business, properties or prospects of the Company, Company and its Significant Subsidiaries and the Guarantors subsidiaries taken as a whole (“Material Adverse Effect”).

Absence of Existing Defaults and Conflicts. None Neither the Company nor any of the Company, its Significant Subsidiaries and the Guarantors subsidiaries is in violation of its respective charter certificate of incorporation or by-laws (or similar organizational documents) bylaws or in default (or with the giving of notice or lapse of time would be in default) under any existing obligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, lease or other agreement or instrument to which any of them is a party or by which any of them is bound or to which any of the properties of any of them is subject, except such defaults that would not, individually or in the aggregate, result in a material adverse effect on the condition (financial or otherwise), results of operations, business, properties or prospects of the Company, Company and its Significant Subsidiaries and the Guarantors subsidiaries taken as a whole (“Material Adverse Effect”).