Common use of Adverse Circumstances Clause in Contracts

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or Proceeding (or to any Credit Party’s officers’ and directors’ knowledge, threatened litigation or Proceeding or basis therefor) exists which: (i) could adversely affect the validity or priority of the Liens granted to Lender under the Loan Documents; (ii) could adversely affect the ability of any Credit Parties to perform its obligations under the Loan Documents; (iii) would constitute a default under any of the Loan Documents; (iv) would constitute such a default with the giving of notice or lapse of time or both; or (v) would constitute or give rise to a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Facility Agreement (Cd International Enterprises, Inc.), Credit Facility Agreement (Oncologix Tech Inc.), Senior Secured Revolving Credit Facility Agreement (Encore Brands, Inc.)

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Adverse Circumstances. No To the best of the Credit Parties’ knowledge, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or Proceeding (or to any Credit Party’s officers’ and directors’ knowledge, threatened litigation or Proceeding or basis therefor) exists which: (i) could adversely affect the validity or priority of the Liens granted to Lender under the Loan Documents; (ii) could adversely affect the ability of any the Credit Parties to perform its obligations under the Loan Documents; (iii) would constitute a default under any of the Loan Documents; (iv) would constitute such a default with the giving of notice or lapse of time or both; or (v) would constitute or give rise to a Material Adverse Effect.

Appears in 2 contracts

Samples: Senior Secured Credit Facility Agreement (Vapor Hub International Inc.), Senior Secured Credit Facility Agreement (Vapor Hub International Inc.)

Adverse Circumstances. No To the best knowledge of each of the Credit Parties, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or Proceeding (or to any Credit Party’s officers’ and directors’ knowledge, threatened litigation or Proceeding or basis therefor) exists which: (i) could adversely affect the validity or priority of the Liens granted to Lender under the Loan Documents; (ii) could adversely affect the ability of any the Credit Parties to perform its obligations under the Loan Documents; (iii) would constitute a default under any of the Loan Documents; (iv) would constitute such a default with the giving of notice or lapse of time or both; or (v) would constitute or give rise to a Material Adverse Effect.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (SRAX, Inc.)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or Proceeding (or to any Credit orto anyCredit Party’s officers’ and directors’ knowledge, directors’knowledge,threatened litigation or Proceeding or basis therefor) exists which: (i) could adversely affect the validity or priority of the Liens granted to Lender under the Loan Documents; (ii) could adversely affect the ability of any Credit Parties to Partiesto perform its obligations under the Loan Documents; (iii) would constitute a default under any of the Loan Documents; (iv) would constitute such a default with the giving of notice or lapse of time or both; or (v) would constitute or give rise to a Material Adverse Effect.

Appears in 1 contract

Samples: Pledge Agreement (Revolutionary Concepts Inc)

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Adverse Circumstances. No To the knowledge of the Credit Parties, no condition, circumstance, event, agreement, document, instrument, restriction, litigation or Proceeding proceeding (or to any Credit Party’s officers’ and directors’ knowledge, threatened litigation or Proceeding proceeding or basis therefor) exists which: (i) could reasonably result adversely affect on the validity or priority of the Liens granted to Lender under the Loan Documents; (ii) could would adversely affect the ability of any Credit Parties to perform its obligations under the Loan Documents; (iii) would constitute a default an Event of Default under any of the Loan Documents; (iv) would constitute such a default with the giving of notice or lapse of time or both; or (v) would constitute or give rise to a Material Adverse Effect.

Appears in 1 contract

Samples: Secured Revolving Credit Facility Agreement (RiceBran Technologies)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or Proceeding (or to any Credit Party’s officers’ and directors’ knowledge, threatened litigation or Proceeding or basis therefor) exists which: (i) could adversely affect the validity or priority of the Liens granted to Lender under the Loan Documents; (ii) could adversely affect the ability of any Credit Parties to perform its obligations under the Loan Documents; (iii) would constitute a default under any of the Loan Documents; (iv) would constitute such a default with the giving of notice or lapse of time or both; or (v) would constitute or give rise to a Material Adverse Effect.. 29 7.16

Appears in 1 contract

Samples: www.sec.gov

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