Common use of Compliance With Other Instruments; None Burdensome Clause in Contracts

Compliance With Other Instruments; None Burdensome. Neither the Borrower nor any of its Subsidiaries are in violation of or in default with respect to any term or provision of its Articles of Incorporation or Bylaws, and neither the Borrower or any of its Subsidiaries is, to the best knowledge of the Borrower, in violation of or in default with respect to any term or provision of any mortgage, indenture, contract, agreement or instrument applicable to it or by which it may be bound; and the execution, delivery, performance of and compliance with each and all of the Loan Documents by the Borrower and the Guaranty by the Subsidiaries will not result in any such violation, or be in conflict with or constitute a default under any such term or provision, or result in the creation of any mortgage, lien or charge on any of the properties or assets of the Borrower or its Subsidiaries; and there is no term or provision of the Borrower's or any Subsidiaries' Articles of Incorporation or Bylaws, or any mortgage, indenture, contract, agreement or instrument applicable to the Borrower or its Subsidiaries or by which the Borrower or any Subsidiary may be bound, which may adversely affect the business or prospects or condition (financial or other) of the Borrower, any of its Subsidiaries, or any of their respective properties or assets.

Appears in 3 contracts

Samples: Credit Agreement (Schuler Homes Inc), Credit Agreement (Schuler Homes Inc), Credit Agreement (Schuler Residential Inc)

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Compliance With Other Instruments; None Burdensome. Neither None of the Borrower nor any of its Subsidiaries are Borrowers is in violation of or in default with respect to any term or provision of its Articles of Incorporation or Bylaws, and neither the no Borrower or any of its Subsidiaries is, to the best knowledge of the BorrowerBorrowers, in violation of or in default with respect to any term or provision of any mortgage, indenture, contract, agreement or instrument applicable to it or by which it may be bound; and the execution, delivery, performance of and compliance with each and all of the Loan Documents by the Borrower and the Guaranty by the Subsidiaries Borrowers will not result in any such violation, or be in conflict with or constitute a default under any such term or provision, or result in the creation of any mortgage, lien or charge on any of the properties or assets of the any Borrower or its Subsidiaries; and there is no term or provision of the any Borrower's or any Subsidiaries' Articles of Incorporation or Bylaws, or any mortgage, indenture, contract, agreement or instrument applicable to the any Borrower or its Subsidiaries or by which the any Borrower or any Subsidiary may be bound, which may adversely affect the business or prospects or -------------------------------------------------------------------------------- Page 51 -------------------------------------------------------------------------------- condition (financial or other) of the any Borrower, any of its Subsidiaries, or any of their respective its properties or assets.

Appears in 1 contract

Samples: Credit Agreement (Schuler Homes Inc)

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