Common use of Adverse Circumstances Clause in Contracts

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which (a) could materially adversely affect the ability of the Borrower to perform its obligations under the Loan Documents, (b) would constitute a default under any of the Loan Documents, or (c) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 2 contracts

Sources: Loan Agreement (Hutchinson Technology Inc), Loan Agreement (Hutchinson Technology Inc)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which (a) could adversely affect the validity or priority of the Liens granted to the Agent, for the benefit of the Lenders, under the Loan Documents, (b) could materially adversely affect the ability of the any Borrower to perform its obligations under the Loan Documents, Documents or (bc) would constitute a default an Event of Default under any of the Loan Documents, or (c) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 2 contracts

Sources: Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Lawson Products Inc/New/De/)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which (a) could adversely affect the validity or priority of the Liens granted to Lender under the Loan Documents, (b) could materially adversely affect the collective ability of the Borrower to perform its obligations under the Loan Documents, (bc) would constitute a default under any of the Loan Documents, Documents or (cd) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 1 contract

Sources: Credit Agreement (TouchIT Technologies, Inc.)

Adverse Circumstances. No condition, circumstance, --------------------- event, agreement, document, instrument, restriction, litigation litigation, violation of law or proceeding (or threatened litigation or proceeding or basis therefor) exists which (a) could adversely affect the validity or priority of the liens and security interests granted to Lender under the Loan Documents, which could materially adversely affect the ability of the Borrower to perform its obligations under the Loan Documents, (b) which would constitute a default under any of the Loan Documents, Documents or (c) which would constitute such a default with the giving of notice or lapse of time or both.

Appears in 1 contract

Sources: Term Loan Agreement (American Eco Corp)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or threatened litigation or proceeding or basis therefor) exists which (a) could adversely affect the validity or priority of the liens and security interests granted to the Bank under the Loan Documents, which could materially adversely affect the ability of the Borrower to perform its obligations under the Loan Documents, (b) which would constitute a default under any of the Loan Documents, Documents or (c) which would constitute such a default with the giving of notice or lapse of time or both.

Appears in 1 contract

Sources: Loan and Security Agreement (First Horizon Pharmaceutical Corp)

Adverse Circumstances. No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or or, to Borrower's knowledge threatened litigation or proceeding or basis therefor) exists which (a) could materially adversely affect the ability validity or priority of the Borrower Liens granted to perform its obligations the Bank under the Loan Documents, (b) could materially adversely affect the ability of Borrower or any Domestic Subsidiaries to perform their obligations under the Loan Documents, (c) would constitute a default an Event of Default under any of the Loan Documents, or (cd) would constitute such a default with the giving of notice or lapse of time or both.

Appears in 1 contract

Sources: Loan and Security Agreement (AquaBounty Technologies, Inc.)