Common use of Indebtedness and Other Contracts Clause in Contracts

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness, (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(s) provides a description of the material terms of any such outstanding Indebtedness.

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s), neither Neither the Company nor any of its Subsidiaries (i) except as disclosed on Schedule 4(s), has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of of, or in default under under, any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not reasonably be expected to result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(s) provides a description of the material terms of any such outstanding Indebtedness.of

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(s) provides a detailed description of the material terms of any such outstanding Indebtedness.. For purposes of this Agreement: (x) “Indebtedness” of any

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s), neither Neither the Company nor any of its Subsidiaries Subsidiaries, (i) except as disclosed in Schedule 3(q)(i), has any outstanding IndebtednessIndebtedness (as defined in the Notes), (ii) except as disclosed in Schedule 3(q)(ii), is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could would reasonably be expected to result in a Material Adverse Effect, (iii) except as disclosed in Schedule 3(q)(iii), is in violation of any term of of, or in default under under, any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) except as disclosed in Schedule 3(q)(iv), is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(s3(q) provides a detailed description of the material terms of any such outstanding Indebtedness.

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s)) or in the SEC Documents, neither the Company nor any of its Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(sFor purposes of this Agreement: (x) provides a description of the material terms of any such outstanding Indebtedness.“

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings Filings, under the Material Contracts, this Agreement, any of the Transaction Documents, or on Schedule 3(s)the Other Notes, neither the Company nor any of its Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s 's officers, has or is expected to have a Material Adverse Effect. Schedule 3(sFor purposes of this Agreement: (x) provides a description of the material terms "Indebtedness" of any such outstanding Indebtedness.Person means, without

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or set forth on Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s 's officers, has or is expected to have a Material Adverse Effect. Schedule 3(s) provides a detailed description of the material terms of any such outstanding Indebtedness.. For purposes of this Agreement: (x) "Indebtedness" of any

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings Documents or on Schedule in Section 3(s)) of the Disclosure Letter, neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness, (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(s) provides a description of the material terms of any such outstanding Indebtedness.

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s3.8(q), neither the Company nor any of its Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined in the Notes), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(s3.8(q) provides a detailed description of the material terms of any such outstanding Indebtedness.

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s), neither Neither the Company nor any of its Subsidiaries Subsidiaries, (i) except as disclosed in Schedule 3(o)(i), has any outstanding IndebtednessIndebtedness (as defined below), (ii) except as disclosed in Schedule 3(o)(ii), is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could would reasonably be expected to result in a Material Adverse Effect, (iii) except as disclosed in Schedule 3(o)(iii), is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) except as disclosed in Schedule 3(o)(iv), is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(s) provides a description of the material terms of any such outstanding Indebtedness.the

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined below) in excess of $100,000 or by which the Company or any of its Subsidiaries is or may become bound, (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Except as disclosed in Schedule 3(s3(r), (i) provides a description of the there are no financing statements securing Indebtedness in any material terms of any such outstanding Indebtedness.amounts, either singly or in the

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s)) or in the SEC Documents, neither the Company nor any of its the Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(sFor purposes of this Agreement: (x) provides a description of the material terms of any such outstanding Indebtedness.“

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings Documents or on Schedule in Section 3(s)) of the Disclosure Letter, neither the Company nor any of its Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(s) provides a description of the material terms of any such outstanding Indebtedness.

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s)General Disclosure Package, neither the Company nor any of its Subsidiaries Significant Subsidiaries, (i) has any outstanding Indebtedness, (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could would reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of of, or in default under under, any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s 's officers, has or is expected to have a Material Adverse Effect. Schedule 3(s) The General Disclosure Package provides a detailed description of the material terms of any such outstanding Indebtedness, including, without limitation, descriptions of any defaults, forbearances, accounts receivable and accounts payable thereunder.

Indebtedness and Other Contracts. Except as disclosed on Schedule 3(s)or in the Company’s Financial Statements and SEC filings or on Schedule 3(s)Documents, neither the Company nor any of its the Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(sFor purposes of this Agreement: (x) provides a description of the material terms of any such outstanding Indebtedness.“

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s3.1(i), neither the Company nor any of its Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would could not reasonably be expected to result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s 's officers, has or is expected to have a Material Adverse Effect. Schedule 3(s3(i) provides a detailed description of the material terms of any such outstanding Indebtedness.

Indebtedness and Other Contracts. Except as disclosed in the Company’s Financial Statements and SEC filings or on Schedule 3(s), neither Neither the Company nor any of its Subsidiaries (i) except as disclosed on Schedule 3(s)(i) attached to the Disclosure Letter, has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of of, or in default under under, any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule 3(s(x) provides a description of the material terms of any such outstanding Indebtedness.“

Indebtedness and Other Contracts. Except as disclosed or described in the Company’s Financial Statements and Filed SEC filings or on Schedule 3(s)Documents, neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness in an amount in excess of $5,000,000 (excluding intercompany Indebtedness), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could would reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not reasonably be expected to result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, which has or would reasonably be expected to have or is expected to have a Material Adverse Effect. Schedule 3(sWithout limiting the foregoing, the Company represents and warrants that (A) provides a description of the material terms of any such outstanding Indebtedness.it is in compliance in all material

Indebtedness and Other Contracts. Except as disclosed set forth in Section 3(s) to the Company’s Financial Statements and SEC filings or on Schedule 3(s)Disclosure Schedule, neither the Company nor any of its Subsidiaries (i) has any outstanding IndebtednessIndebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to (other than real property leases) would result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Indebtedness, the performance of which, in the judgment of the Company’s officers, has or is expected to have a Material Adverse Effect. Schedule Section 3(s) provides a description of the material terms of any such outstanding Indebtedness.to the