Common use of Contracts; Debt Instruments Clause in Contracts

Contracts; Debt Instruments. (a) Except for documents filed or listed as exhibits to the Company Reports filed since December 31, 2001, there are no contracts that are material to the business, properties, assets, financial condition or results of operations of the Company and its Subsidiaries taken as a whole ("Company Material Contracts"). Neither the Company nor any of its Subsidiaries is in violation of or in default under (nor does there exist any condition which with the passage of time or the giving of notice or both would cause such a violation of or default under) any Company Material Contract to which it is a party or by which it or any of its properties or assets is bound, except for violations or defaults that would not have or reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect. Each Company Material Contract is in full force and effect, and is a legal, valid and binding obligation of the Company or one of its Subsidiaries and, to the knowledge of the Company, each of the other parties thereto, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium or other similar laws relating to creditors' rights and general principles of equity and except where the failure of any Company Material Contract to be a legal, valid and binding obligation and enforceable in accordance with its terms would not have or reasonably be expected to have, individually or in the aggregate, a Company Adverse Effect. No condition exists or event has occurred which (whether with or without notice or lapse of time or both) would constitute a default by the Company or one of its Subsidiaries or, to the knowledge of the Company, any other party thereto under any Company Material Contract or result in a right of termination of any Company Material Contract, except for any condition or event that would not have or reasonably be expected to have, individually or in the aggregate, a Company Adverse Effect. (b) Set forth in Schedule 3.19(b) of the Company Disclosure Letter is, as of the date hereof, (i) a list of all loan or credit agreements, notes, bonds, mortgages, indentures and other agreements and instruments pursuant to which any indebtedness of the Company or its Subsidiaries in an aggregate principal amount in excess of $50,000,000 is outstanding or may be incurred, and (ii) the respective principal amounts outstanding thereunder as of February 21, 2003.

Contracts; Debt Instruments. (a) Except for documents filed or listed as exhibits to the Company Parent Reports filed since December 31, 2001, as of the date hereof, there are no contracts that are material to the business, properties, assets, financial condition or results of operations of the Company Parent and its Subsidiaries taken as a whole ("Company Parent Material Contracts"). Neither the Company Parent nor any of its Subsidiaries is in violation of or in default under (nor does there exist any condition which with the passage of time or the giving of notice or both would cause such a violation of or default under) any Company Parent Material Contract to which it is a party or by which it or any of its properties or assets is bound, except for violations or defaults that would not have or reasonably be expected to have, individually or in the aggregate, a Company Parent Material Adverse Effect. Each Company Parent Material Contract is in full force and effect, and is a legal, valid and binding obligation of the Company Parent or one of its Subsidiaries and, to the knowledge of the CompanyParent, each of the other parties thereto, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium or other similar laws relating to creditors' rights and general principles of equity and except where the failure of any Company Parent Material Contract to be a legal, valid and binding obligation and enforceable in accordance with its terms would not have or reasonably be expected to have, individually or in the aggregate, a Company Parent Adverse Effect. No condition exists or event has occurred which (whether with or without notice or lapse of time or both) would constitute a default by the Company Parent or one of its Subsidiaries or, to the knowledge of the CompanyParent, any other party thereto under any Company Parent Material Contract or result in a right of termination of any Company Parent Material Contract, except for any condition or event that would not have or reasonably be expected to have, individually or in the aggregate, a Company Parent Adverse Effect. (b) Set forth in Schedule 3.19(b4.19(b) of the Company Parent Disclosure Letter is, as of the date hereof, (i) a list of all loan or credit agreements, notes, bonds, mortgages, indentures and other agreements and instruments pursuant to which any indebtedness of the Company Parent or its Subsidiaries in an aggregate principal amount in excess of $50,000,000 is outstanding or may be incurred, and (ii) the respective principal amounts outstanding thereunder as of February 21, 2003.

Contracts; Debt Instruments. (a) Except for documents filed or listed as exhibits to the Company Xxxxx Reports filed since December July 31, 20012002 ("Xxxxx Material Contracts"), there are no contracts or leases that are material to the business, properties, assets, financial condition or results of operations of the Company Xxxxx and its Subsidiaries taken as a whole ("Company Material Contracts")whole. Neither the Company Xxxxx nor any of its Subsidiaries is in violation of or in default under (nor does there exist any condition which with the passage of time or the giving of notice or both would cause such a violation of or default under) any Company Xxxxx Material Contract to which it is a party or by which it or any of its properties or assets is bound, except for violations or defaults that would not have or reasonably be expected to have, individually or in the aggregate, a Company Xxxxx Material Adverse Effect. Each Company Xxxxx Material Contract is in full force and effect, and is a legal, valid and binding obligation of the Company Xxxxx or one of its Subsidiaries and, to the knowledge of the CompanyXxxxx, each of the other parties thereto, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium or other similar laws relating to creditors' rights and general principles of equity and except where the failure of any Company Xxxxx Material Contract to be in full force and effect or a legal, valid and binding obligation and enforceable in accordance with its terms would not have or reasonably be expected to have, individually or in the aggregate, a Company Xxxxx Material Adverse Effect. No condition exists or event has occurred which (whether with or without notice or lapse of time or both) would constitute a default by the Company Xxxxx or one of its Subsidiaries or, to the knowledge of the CompanyXxxxx, any other party thereto under any Company Xxxxx Material Contract or result in a right of termination of any Company Xxxxx Material Contract, except for any condition or event that would not have or reasonably be expected to have, individually or in the aggregate, a Company Xxxxx Material Adverse Effect. (b) Set forth in Schedule 3.19(b) of the Company Disclosure Letter is, as of the date hereof, (i) a list of all loan or credit agreements, notes, bonds, mortgages, indentures and other agreements and instruments pursuant to which any indebtedness of the Company or its Subsidiaries in an aggregate principal amount in excess of $50,000,000 is outstanding or may be incurred, and (ii) the respective principal amounts outstanding thereunder as of February 21, 2003.

Contracts; Debt Instruments. (a) Except for documents filed or listed as exhibits to the Company Reports filed since December 31CCHI Disclosure Letter (“CCHI Material Contracts”), 2001as of the date of this Agreement, there are no contracts or leases that are material to the business, properties, assets, financial condition or results of operations of the Company and its Subsidiaries CCHI taken as a whole ("Company Material Contracts")whole. Neither the Company CCHI nor any of its Subsidiaries is in violation of or in default under (nor does there exist any condition which with the passage of time or the giving of notice or both would cause such a violation of or default under) any Company CCHI Material Contract to which it is a party or by which it or any of its properties or assets is bound, except for violations or defaults that would not have or reasonably be expected to have, individually or in the aggregate, a Company CCHI Material Adverse Effect. Each Company CCHI Material Contract is in full force and effect, and is a legal, valid and binding obligation of the Company CCHI or one of its Subsidiaries and, to the knowledge of the CompanyCCHI, each of the other parties thereto, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, moratorium or other similar laws relating to creditors' ’ rights and general principles of equity and except where the failure of any Company CCHI Material Contract to be in full force and effect or a legal, valid and binding obligation and enforceable in accordance with its terms would not have or reasonably be expected to have, individually or in the aggregate, a Company CCHI Material Adverse Effect. No condition exists or event has occurred which (whether with or without notice or lapse of time or both) would constitute a default by the Company CCHI or one of its Subsidiaries or, to the knowledge of the CompanyCCHI, any other party thereto under any Company CCHI Material Contract or result in a right of termination of any Company CCHI Material Contract, except for any condition or event that would not have or reasonably be expected to have, individually or in the aggregate, a Company CCHI Material Adverse Effect. (b) Set forth in Schedule 3.19(b) of the Company Disclosure Letter is, as of the date hereof, (i) a list of all loan or credit agreements, notes, bonds, mortgages, indentures and other agreements and instruments pursuant to which any indebtedness of the Company or its Subsidiaries in an aggregate principal amount in excess of $50,000,000 is outstanding or may be incurred, and (ii) the respective principal amounts outstanding thereunder as of February 21, 2003.

Contracts; Debt Instruments. (a) Except for documents filed as disclosed in the Filed SEC Documents or listed as exhibits to in Section 4.13(a) of the Company Reports filed since December 31, 2001Disclosure Letter, there are no contracts that are material Material Contracts or other significant agreements relating to the business, properties, assets, financial condition or results of operations business of the Company and its Subsidiaries taken as a whole ("Company Material Contracts")Company. Neither the Company nor any of its the Company Subsidiaries is in violation of or in default under (nor does there exist any condition which with the passage of time or the giving of notice or both would cause such a violation of or default under) any Company Material Contract to which it is a party or by which it or any of its properties or assets is bound, except for violations or defaults that would have not have or reasonably be expected to haveand could not, individually or in the aggregate, reasonably be expected to result in a Company Material Adverse Effect. Each Company Except with respect to any termination right arising from the consummation of the Offer or the Merger, each Material Contract is in full force and effect, and is a legal, valid and binding obligation of the Company or one of its Subsidiaries a Company Subsidiary and, to the knowledge of the Company, each of the other parties thereto, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect relating to creditors' rights generally and general principles of equity and except where the failure (regardless of any Company Material Contract to be whether considered in a legal, valid and binding obligation and enforceable proceeding in accordance with its terms would not have equity or reasonably be expected to have, individually or in the aggregate, a Company Adverse Effectat law). No condition exists or event has occurred which (whether with or without notice or lapse of time or both) would constitute a default by the Company or one of its Subsidiaries a Company Subsidiary or, to the knowledge of the Company, any other party thereto under any Company Material Contract or result (other than due to consummation of the Offer or the Merger) in a right of termination of any Company Material Contract, except for any condition or event that would not have or reasonably be expected to have, individually or in the aggregate, a Company Adverse Effect. (b) Set forth in Schedule 3.19(b) of the Company Disclosure Letter is, as of the date hereof, (i) a list of all loan or credit agreements, notes, bonds, mortgages, indentures and other agreements and instruments pursuant to which any indebtedness of the Company or its Subsidiaries in an aggregate principal amount in excess of $50,000,000 is outstanding or may be incurred, and (ii) the respective principal amounts outstanding thereunder as of February 21, 2003.