Common use of Adverse Contracts; Defaults Clause in Contracts

Adverse Contracts; Defaults. Neither any Borrower nor the Guarantor is a party to any agreement or instrument or subject to any charter or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither any Borrower nor the Guarantor is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party which default could reasonably be expected to have a Material Adverse Effect.

Adverse Contracts; Defaults. Neither any the Borrower nor the any Guarantor is a party to any agreement or instrument or subject to any charter corporate agreement, certificate of incorporation or other corporate restriction which could reasonably be expected to have a Material Adverse Effect. Neither any the Borrower nor the any Guarantor is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party which default could reasonably be expected to have a Material Adverse Effect.