Common use of Material Agreements Clause in Contracts

Material Agreements. None of the Loan Parties is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any charter document or any agreement to which it is a party (other than any agreement relating to Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions its obligations contained in (i) the Senior Subordinated Notes Documents or (ii) any charter document or any material agreement to which it is a party party, except, in the case of clause (other than any agreement relating to Indebtednessii), which where such default could would not reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the Except as would not have a Material Adverse Effect, no Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions its obligations contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating or instrument to which it is a party evidencing or governing Indebtedness), which except, in any case, where any such default could would not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document material agreement or any agreement contract to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions its obligations contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating or instrument to which it is a party evidencing or governing Indebtedness), which except where any such default could would not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Material Indebtedness), in any such case of clause (i) or (ii) above, which default could not reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any charter document or (i) any agreement to which it is a party (other than any agreement relating to Indebtedness)party, which default could would reasonably be expected to have a Material Adverse Effect, or (ii) any agreement or instrument evidencing or governing Material Indebtedness.

Material Agreements. None of the No Loan Parties Party is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Material Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. None Neither of the Loan Parties is in default in any material respect in the performance, observance or fulfillment of any of the material obligations, covenants or conditions contained in any charter document Material Agreement or any agreement instrument to which it such Loan Party is a party (other than any agreement relating to Indebtedness), which default could reasonably be expected to have a Material Adverse Effectparty.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Material Indebtedness), in any such case of clause (i) or (ii) above, which default could not reasonably be expected to have a Material Adverse Effect. SECTION 3.13.

Material Agreements. None of the No Loan Parties Party is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions its obligations contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating or instrument to which it is a party evidencing or governing Indebtedness), which except in each case where any such default could would not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any charter document or any agreement to which it is a party (other than any agreement relating to Indebtedness), which default could reasonably be expected to have result in a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any agreement Material Contract to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Indebtedness), which default except matters that could not reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating to Indebtedness), which default or instrument evidencing or governing Indebtedness that could reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in any material respect in the performance, observance observance, or fulfillment of any of the obligations, covenants covenants, or conditions contained in (a) any charter document or any material agreement to which it is a party or (other than b) any agreement relating to or instrument evidencing or governing Material Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Material Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.. SECTION 3.14

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance observance, or fulfillment of any of the obligations, covenants covenants, or conditions contained in (a) any charter document or any material agreement to which it is a party (other than any agreement relating to Indebtedness)party, which default except where such default, individually or in the aggregate, could not reasonably be expected to have a Material Adverse EffectEffect or (b) any agreement or instrument evidencing or governing Indebtedness that would constitute an Event of Default under clause (f) of Article 7 if such default became an event of default under the applicable agreement or instrument.

Material Agreements. None of Neither the Borrower nor any Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (ii) any agreement or instrument evidencing or governing Indebtedness, other than any agreement relating to Indebtedness), defaults which default could not reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions its obligations contained in (i) the Existing Borrower Credit Agreement, the Existing Notes Documents or, following the issuance of the Senior Subordinated Notes, the Senior Subordinated Notes Documents or (ii) any charter document or any material agreement to which it is a party party, except, in the case of clause (other than any agreement relating to Indebtednessii), which where such default could would not reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any charter document or (i) any agreement to which it is a party (other than any agreement relating to Indebtedness)party, which default could reasonably be expected to have a Material Adverse Effect, or (ii) any agreement or instrument evidencing or governing Material Indebtedness.

Material Agreements. None of the Loan Parties is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions its obligations contained in any charter document or any material agreement to which it is a party (other than any agreement relating to Indebtedness)party, which except where such default could would not reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any charter document or any material agreement to which it is a party (other than or any agreement relating or instrument evidencing or governing Indebtedness, except to Indebtedness), which the extent such default could would not reasonably be expected to have result in a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions its obligations contained in (i) the Existing Credit Agreement or the Existing Notes Documents or (ii) any charter document or any material agreement to which it is a party party, except, in the case of clause (other than any agreement relating to Indebtednessii), which where such default could would not reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions its obligations contained in (a) any charter document or any material agreement to which it is a party or (other than b) any agreement relating or instrument to which it is a party evidencing or governing Indebtedness), which except where any such default could would not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any charter document or any material agreement to which it is a party (other than any agreement relating to Indebtedness)party, which default could reasonably be expected to have result in a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any charter document or any agreement to which it is a party (other than any agreement relating to Indebtedness), which default could reasonably be expected to have cause or result in a Material Adverse Effect.

Material Agreements. None Neither of the Loan Parties is in default in any material respect in the performance, observance or fulfillment of any of the material obligations, covenants or conditions contained in any charter document Material Agreement or any agreement instrument to which it such Loan Party is a party (other than any agreement relating to Indebtedness), which default could reasonably be expected to have a Material Adverse Effect.party. 76

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any charter document or (i) any agreement to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Indebtedness), which default except for such defaults that could not reasonably be expected to have result in a Material Adverse Effect.

Material Agreements. None Neither any Loan Party nor any of the Loan Parties its Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any charter document or any agreement to which it is a party (other than any agreement relating to Indebtedness)that could, which default could individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party or (other than ii) any agreement relating to or instrument evidencing or governing Indebtedness, except in each case of the foregoing clauses (i) and (ii), which default could that would not be reasonably be expected to have result in a Material Adverse Effect.

Material Agreements. None of the No Loan Parties Party is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in (i) any charter document or any material agreement to which it is a party (other than any agreement relating to Indebtedness)party, a default under which default could reasonably be expected to have a Material Adverse EffectEffect or (ii) any agreement or instrument evidencing or governing Material Indebtedness.