Common use of Indebtedness; Agreements Clause in Contracts

Indebtedness; Agreements. Neither the Company nor any of its Subsidiaries is, immediately prior to this Agreement, or will be, at the time of each Closing after giving effect thereto, in default in the payment of any Indebtedness or in default under any agreement relating to its material Indebtedness or under any other material agreement (other than the 2002 Agreement, representations as to which are instead set forth in Section 2.10(c)) or mortgage, deed of trust, security agreement or lease to which it is a party, except for defaults that, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.

Indebtedness; Agreements. Neither the Company nor any of its Subsidiaries is, immediately prior to this Agreement, or will be, at the time of each Closing after giving effect thereto, in default in the payment of any Indebtedness or in default under any agreement relating to its material Indebtedness or under any other material agreement (other than the 2002 Agreement, representations as to which are instead set forth in Section 2.10(c‎2.10(c)) or mortgage, deed of trust, security agreement or lease to which it is a party, except for defaults that, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.