Contract Matters Sample Clauses

Contract Matters. 16 Section 3.11

Contract Matters. (a) Neither the Company nor any of its Subsidiaries is in default or violation of (and no event has occurred which with notice or the lapse of time or both would constitute a default or violation of) any term, condition or provision of any note, mortgage, indenture, loan agreement, other evidence of indebtedness, guarantee, license, lease, agreement or other contract, instrument or contractual obligation to which the Company or any of its Subsidiaries is a party or by which any of their respective assets is bound, except for any such default or violation which, individually or in the aggregate, is not reasonably likely to have a Company Material Adverse Effect. (b) With respect to each contract, agreement, bid or proposal between the Company or any of its Subsidiaries and any domestic or foreign government or governmental agency, including any facilities contract for the use of government-owned facilities (a "Company Government Contract"), and each contract, agreement, bid or proposal that is a subcontract between the Company or any of its Subsidiaries and a third party relating to a contract between such third party and any domestic or foreign government or governmental agency (a "Company Government Subcontract"), (i) the Company and each of its Subsidiaries have complied with all terms and conditions of such Company Government Contract or Company Government Subcontract, including all clauses, provisions and requirements incorporated expressly by reference therein, (ii) the Company and each of its Subsidiaries have complied with all requirements of all laws, rules, regulations or agreements pertaining to such Company Government Contract or Company Government Subcontract, including where applicable the Cost Accounting Standards disclosure statement of the Company or such Subsidiary, (iii) as of the date of this Agreement, neither the United States government nor any prime contractor, subcontractor or other person or entity has notified the Company or any of its Subsidiaries, in writing or orally, that the Company or any of its Subsidiaries has breached or violated any law, rule, regulation, certification, representation, clause, provision or requirement pertaining to such Company Government Contract or Company Government Subcontract, (iv) neither the Company nor any of its Subsidiaries has received any notice of termination for convenience, notice of termination for default, cure notice or show cause notice pertaining to such Company Government Contract or...

Contract Matters. The meaning set forth in Section 10.14.1.

Contract Matters. Lessor hereby transfers to Lessee and assigns without warranty of any kind, during the Term, effective upon the Base Term Commencement Date and so long as no Event of Default exists and is continuing, any warranties made by any Contractor or any other Person under the Project Agreements with respect to the Facility but, in the event of a Force Majeure Event occurred during the Construction Period and any Default or Event of Default exists and is continuing as of the Base Term Commencement Date, Lessor’s assignment shall exclude Liquidated Damages (and such Liquidated Damages shall be retained by Lessor to reimburse Lessor for any Force Majeure Loss and, at Lessor’s discretion, retained by Lessor during the pendency of any Default hereunder as additional security and delivered to Lessee upon the cure of such Default or if such Default is not cured, then applied in accordance with Section 5.3 of the Participation Agreement after any expiration of the Lease). If necessary, Lessor will join in any proceedings to enforce any such warranties or permit them or any part thereof to be brought in its name if and so long as (i) no Event of Default exists and is continuing, (ii) Lessee has not elected the Sale Option and (iii) Lessee agrees in writing to pay, and pays, all related expenses and agrees in writing to indemnify Lessor, the Administrative Agent and the Participants, in form and substance reasonably satisfactory to each of the respective Indemnitees, in respect of any Claims relating to or arising out of such action. Lessee hereby acknowledges, and agrees to comply with and be bound by, the limitations of liability of and protection of each Contractor and each other Person against liability as and to the extent provided in each Project Agreement.

Contract Matters. (i) The Parent or any Subsidiary shall be suspended or debarred from contracting with the United States government or any department, agency or instrumentality thereof, such suspension or debarment shall not have been stayed or lifted within thirty (30) days after the imposition thereof, the Parent or any Subsidiary shall have exhausted all of its administrative remedies and such suspension or debarment has had or would reasonably be expected to have a Material Adverse Effect; or (ii) the United States government or any department, agency or instrumentality thereof shall have terminated any Governmental Contract and such termination has had or would reasonably be expected to have a Material Adverse Effect.

Contract Matters. (i) The Borrower, any Guarantor or any Material Foreign Subsidiary shall be suspended or debarred from contracting with the United States Government and such suspension or debarment shall not have been lifted within thirty (30) days after the imposition thereof; or (ii) The United States Government shall have terminated any contract to which the Borrower, any Guarantor or any Material Foreign Subsidiary is a party and such termination would have a Material Adverse Effect; provided, however, that such termination shall not constitute an Event of Default so long as the Borrower, such Guarantor or such Material Foreign Subsidiary is contesting such termination in good faith.

Contract Matters. 24 4.12 Insurance.......................................................26 4.13 Litigation......................................................26 4.14 Taxes...........................................................26 4.15

Contract Matters. (a) Agreements, Contracts and Commitments. Except as set forth in the Exhibits to the Company SEC Documents filed prior to the date of this Agreement, as of the date of this Agreement, neither the Company nor any of its Subsidiaries is a party to, nor are their assets bound by, any Material Contract. For purposes of this Agreement, "MATERIAL CONTRACT" means:

Contract Matters. (a) The contracts between the Borrowers and their carriers which have been preapproved by Agent for purposes of clause (v) of the definition of “Eligible Accounts” will not be amended, modified, supplemented or substituted in such a manner as to affect the rights of the applicable Borrower, Agent or Lenders or to modify the payment or privity terms of such contracts in such a way that could affect the characterization of the relationship as between the relevant Borrower, its shippers and its carriers as being other than a debtor-creditor relationship, in either case, without the consent of Agent. (b) The Logistics contracts between Loan Parties and its shippers which have been preapproved by Agent for purposes of clause (v) of the definition of “Eligible Accounts” will not be amended, modified, supplemented or substituted in such a manner as to affect the rights of the applicable Borrower, Agent or Lenders or to modify the payment or privity terms of such contracts in such a way that could affect the characterization of the relationship as between the relevant Borrower, its shippers and its carriers as being other than a debtor-creditor relationship, in either case, without the consent of Agent. (c) No trust or opening relationship has been or will be established or has been asserted between any Loan Party and its carrier or any Loan Party and its shippers, and only a debtor-creditor relationship has existed or will exist between such Persons.