Common use of Material Contracts Clause in Contracts

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 13 contracts

Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (Nacco Industries Inc), Credit Agreement (Nicole Crafts LLC)

AutoNDA by SimpleDocs

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of default under, or of the intention of any other party thereto to terminate terminate, any Material Contract.

Appears in 6 contracts

Samples: Credit Agreement (Destination Xl Group, Inc.), Credit Agreement (Destination Xl Group, Inc.), Credit Agreement (Vertex Energy Inc.)

Material Contracts. Schedule 5.24 5.23 sets forth all Material Contracts (other than Material Licenses set forth on Schedule 5.17) to which any Loan Party is a party or is bound as of the Closing Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofEffective Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of default under, or of the intention of any other party thereto to terminate terminate, any Material Contract.

Appears in 5 contracts

Samples: Credit Agreement (Sequential Brands Group, Inc.), Credit Agreement (Singer Madeline Holdings, Inc.), Second Lien Credit Agreement (Sequential Brands Group, Inc.)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 5 contracts

Samples: Term Loan Credit Agreement (Kirkland's, Inc), Credit Agreement (Chicos Fas Inc), Credit Agreement (Lovesac Co)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 5 contracts

Samples: Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.), Term Loan Credit Agreement (Purple Innovation, Inc.)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party or Subsidiary thereof is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 4 contracts

Samples: Credit Agreement (Ascent Industries Co.), Credit Agreement (Lifecore Biomedical, Inc. \De\), Assignment and Assumption (Landec Corp \Ca\)

Material Contracts. Schedule 5.24 9.1.25 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties To the extent requested by the Agent, the Borrowers have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Except as would not have a Material Adverse Effect, the Loan Parties are not in breach of or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 4 contracts

Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or compliance with the obligations specified in default Section 6.19 in any material respect of or under any their Material Contract and Contacts. The Loan Parties have not received any notice of the intention of any other party thereto Person to terminate any Material Contract, which could reasonably be expected to result in the termination of a Material Contract.

Appears in 4 contracts

Samples: Intercreditor Agreement (Coldwater Creek Inc), Credit Agreement (Coldwater Creek Inc), Credit Agreement (Coldwater Creek Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered delivered, or will upon request of the Administrative Agent deliver, true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart Inc), Credit Agreement (Stein Mart Inc)

Material Contracts. Schedule 5.24 5.23 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Restatement Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofRestatement Effective Date, subject to confidentiality restrictions contained therein. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract which would reasonably likely result in a Material Adverse Effect and have not received any written notice of the intention of any other party thereto to terminate any Material ContractContract prior to the end of its current term.

Appears in 4 contracts

Samples: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (Safeway Stores 42, Inc.), Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.)

Material Contracts. Schedule 5.24 4.27 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties Borrowers have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofhereof other than individual purchase orders and such Material Contracts listed on Schedule 4.27 which Material Contracts, by their terms, prohibit disclosure to third parties (and are identified as such on Schedule 4.27). The Loan Parties are not in breach or in default in any material respect of or under any No Material Contract has been terminated, except where such termination is being contested by a Loan Party diligently, in good faith and have not received any notice of the intention of any other party thereto to terminate any Material Contractby appropriate proceedings.

Appears in 3 contracts

Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 3 contracts

Samples: Credit Agreement (Rh), Credit Agreement (Rh), Credit Agreement (Rh)

Material Contracts. Schedule 5.24 to the Disclosure Schedule sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent Lender on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 3 contracts

Samples: Credit Agreement (Citi Trends Inc), Credit Agreement (Citi Trends Inc), Credit Agreement (Citi Trends Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 3 contracts

Samples: Credit Agreement (Nash Finch Co), Credit Agreement (Big 5 Sporting Goods Corp), Credit Agreement (Nash Finch Co)

Material Contracts. Schedule 5.24 4.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent Lenders on or before the date hereofClosing Date, subject to confidentiality restrictions contained therein. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract which would reasonably likely result in a Material Adverse Effect and have not received any written notice of the intention of any other party thereto to terminate any Material ContractContract prior to the end of its current term.

Appears in 3 contracts

Samples: Credit Agreement (Liberty Energy Inc.), Credit Agreement (Liberty Energy Inc.), Credit Agreement (Liberty Oilfield Services Inc.)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 3 contracts

Samples: Credit Agreement (Restoration Hardware Holdings Inc), Credit Agreement (Restoration Hardware Holdings Inc), Credit Agreement (Restoration Hardware Holdings Inc)

Material Contracts. Schedule 5.24 5.25 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have To the extent requested by the Administrative Agent, the Borrower has delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Except as would not have a Material Adverse Effect, the Loan Parties are not in breach of or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Material Contracts. Schedule 5.24 8.14 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The As of the Closing Date, no Loan Parties are not Party is in breach of or in default in any material respect of or under any Material Contract and have has not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mohawk Industries Inc), Loan and Security Agreement (Mohawk Industries Inc)

Material Contracts. Schedule 5.24 sets forth a list of all Material Contracts to which any Loan Party is a party or is bound as of the Closing DateDate (other than the Loan Documents and the Term Loan Documents). The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract (exclusive of the Term Loan Documents or the Senior Note Indenture) and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party or its Subsidiaries is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties and their Subsidiaries are not in breach or in default in any material respect of or under any Material Contract and have not received any written notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Credit Agreement (Pacific Sunwear of California Inc), Credit Agreement (Pacific Sunwear of California Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Credit Agreement (Rue21, Inc.), Credit Agreement (Cost Plus Inc/Ca/)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Restatement Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofRestatement Effective Date. The Except as would not be reasonably be expected to have a Material Adverse Effect, the Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Credit Agreement (Destination Maternity Corp), Credit Agreement (Destination Maternity Corp)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Except as would not be reasonably be expected to have a Material Adverse Effect, the Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Destination Maternity Corp), Credit Agreement (Destination Maternity Corp)

Material Contracts. Schedule 5.24 5.21 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofEffective Date, subject to confidentiality restrictions contained therein. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract which would reasonably likely result in a Material Adverse Effect and have not received any written notice of the intention of any other party thereto to terminate any Material ContractContract prior to the end of its current term.

Appears in 2 contracts

Samples: Term Loan Agreement (Keane Group, Inc.), Credit Agreement (Keane Group, Inc.)

Material Contracts. Schedule 5.24 8.15 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Except as could not reasonably be expected to have a Material Adverse Effect, the Loan Parties are not in breach of or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Loan and Security Agreement (Louisiana-Pacific Corp), Loan and Security Agreement (Louisiana-Pacific Corp)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered Parent has, in its public filings with the Securities and Exchange Commission, filed true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in material breach or in default in any material respect of or under any Material Contract and have not received any written notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Credit Agreement (Tilly's, Inc.), Credit Agreement (Tilly's, Inc.)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Credit and Security Agreement (Katy Industries Inc), Credit and Security Agreement (Katy Industries Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or compliance with the obligations specified in default Section 6.19 in any material respect of or under any their Material Contract Contracts and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Credit Agreement (Iparty Corp), Credit Agreement (Iparty Corp)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Third Restatement Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofThird Restatement Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 2 contracts

Samples: Credit Agreement (Kirkland's, Inc), Credit Agreement (Kirkland's, Inc)

Material Contracts. Schedule 5.24 5.21 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Second Restatement Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofSecond Restatement Effective Date, subject to confidentiality restrictions contained therein. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract which would reasonably likely result in a Material Adverse Effect and have not received any written notice of the intention of any other party thereto to terminate any Material ContractContract prior to the end of its current term.

Appears in 2 contracts

Samples: Asset Based Revolving Credit Agreement (Nextier Oilfield Solutions Inc.), Asset Based Revolving Credit Agreement (King Merger Sub II LLC)

Material Contracts. Schedule 5.24 5.23 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Fourth Amendment Effective Date. The Loan Parties have delivered filed true, correct and complete copies of such Material Contracts with the SEC or have provided a copy thereof to the Administrative Agent on or before the date hereofAgent. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Dicks Sporting Goods Inc)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing DateDate other than those contracts specifically described in the definition of Material Contract. The Loan Parties have delivered true, correct and complete copies of such all 126 Material Contracts to the Administrative Agent on or before the date hereof. The None of the Loan Parties are not in breach or is in default in the performance, observance or fulfillment of any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate obligations, covenants or conditions contained in any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Matrix Service Co)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent Lender on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Christopher & Banks Corp)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered or made available true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

Material Contracts. Schedule 5.24 5.23 sets forth all Material Contracts (other than Material Licenses set forth on Schedule 5.17) to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of default under, or of the intention of any other party thereto to terminate terminate, any Material Contract.

Appears in 1 contract

Samples: Second Lien Term Loan Agreement (Sequential Brands Group, Inc.)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent Lender on or before the date hereofClosing Date or the Closing Date, as applicable. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Christopher & Banks Corp)

Material Contracts. Schedule 5.24 5.21 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Datedate hereof. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Except as disclosed to Agent in writing, Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Loan and Security Agreement (Castle a M & Co)

Material Contracts. (a) Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Except as would not be reasonably be expected to have a Material Adverse Effect, the Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Destination Maternity Corp)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Cole Kenneth Productions Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing ClosingSecond Amendment Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofhereofSecond Amendment Effective Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent and the Term Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material ContractContract as a result of a breach or default by a Loan Party thereunder.

Appears in 1 contract

Samples: Credit Agreement (Hancock Fabrics Inc)

Material Contracts. Schedule 5.24 4.27 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date, subject to confidentiality restrictions contained therein. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract which would reasonably likely result in a Material Adverse Effect and have not received any written notice of the intention of any other party thereto to terminate any Material ContractContract prior to the end of its current term.

Appears in 1 contract

Samples: Credit Agreement (Liberty Oilfield Services Inc.)

Material Contracts. Schedule 5.24 5.23 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered delivered, or will upon request of Lender deliver, true, correct and complete copies of such Material Contracts to the Administrative Agent Lender on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Master Loan Agreement (Stein Mart Inc)

Material Contracts. Schedule 5.24 4.23 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent Lenders on or before the date hereofClosing Date, subject to confidentiality restrictions contained therein. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract which would reasonably likely result in a Material Adverse Effect and have not received any written notice of the intention of any other party thereto to terminate any Material ContractContract prior to the end of its current term.

Appears in 1 contract

Samples: Credit Agreement (Independence Contract Drilling, Inc.)

Material Contracts. Schedule 5.24 5.23 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered filed true, correct and complete copies of such Material Contracts with the SEC or have provided a copy thereof to the Administrative Agent on or before the date hereofAgent. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Dicks Sporting Goods Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered Parent has, in its public filings with the Securities and Exchange Commission, filed true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in material breach or in default in any material respect of or under any Material Contract and have not received any written notice of the intention of any other party thereto to terminate any Material Contract.. 101

Appears in 1 contract

Samples: Credit Agreement (Tilly's, Inc.)

Material Contracts. Schedule 5.24 5.25 sets forth a list of all Material Contracts to which any Loan Party is a party or is bound as of the Closing DateDate (other than the Loan Documents and the ABL Loan Documents). The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Term Loan Agreement (Quiksilver Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as As of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts Schedule 6.1.21 lists all material contracts relating to the Administrative Agent on business operations of each Loan Party and each Subsidiary of any Loan Party, including all employee benefit plans and Labor Contracts. All such material contracts are valid, binding and enforceable upon such Loan Party or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract Subsidiary and have not received any notice each of the intention of any other party parties thereto in accordance with their respective terms, and there is no default thereunder, to terminate any Material Contractthe Loan Parties' knowledge, with respect to parties other than such Loan Party or Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Suburban Lodges of America Inc)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered or made available to the Lender true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material ContractClosing Date.

Appears in 1 contract

Samples: Credit and Security Agreement (FreightCar America, Inc.)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is 5.23 contains a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies list of such Material Contracts all contracts which are material to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention operation of any other Loan Party's business. Except as set forth on Schedule 5.23, each such contract is in full force and effect and no material defaults enforceable against such Loan Party exist thereunder. No Loan Party has received notice from any party thereto to such contract stating that it intends to terminate any Material Contractor amend such contract.

Appears in 1 contract

Samples: Loan and Security Agreement (Jaco Electronics Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Second Restatement Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofSecond Restatement Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Kirkland's, Inc)

Material Contracts. Schedule 5.24 5.22 sets forth all Material Contracts (other than Material Licenses set forth on Schedule 5.17) to which any Loan Party is a party or is bound as of the Closing First Amendment Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofFirst Amendment Effective Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of default under, or of the intention of any other party thereto to terminate terminate, any Material Contract.

Appears in 1 contract

Samples: First Lien Credit Agreement (Sequential Brands Group, Inc.)

AutoNDA by SimpleDocs

Material Contracts. Schedule 5.24 5.23 sets forth all Material Contracts (other than Material Licenses set forth on Schedule 5.17) to which any Loan Party is a party or is bound as of the Closing First Amendment Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofFirst Amendment Effective Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of default under, or of the intention of any other party thereto to terminate terminate, any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Sequential Brands Group, Inc.)

Material Contracts. Schedule 5.24 5.23 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of default under, or of the intention of any other party thereto to terminate terminate, any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Hampshire Group LTD)

Material Contracts. Schedule 5.24 4.27 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Sixth Amendment Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofSixth Amendment Closing Date, subject to confidentiality restrictions contained therein. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract which would reasonably likely result in a Material Adverse Effect and have not received any written notice of the intention of any other party thereto to terminate any Material ContractContract prior to the end of its current term.

Appears in 1 contract

Samples: Credit Agreement (Liberty Energy Inc.)

Material Contracts. Schedule 5.24 5.23 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof, subject to confidentiality restrictions contained therein. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract which would reasonably likely result in a Material Adverse Effect and have not received any written notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Albertsons Companies, Inc.)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of from any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Rue Gilt Groupe, Inc.)

Material Contracts. Schedule 5.24 4.27 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing ClosingSixth Amendment Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofSixth Amendment Closing Date, subject to confidentiality restrictions contained therein. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract which would reasonably likely result in a Material Adverse Effect and have not received any written notice of the intention of any other party thereto to terminate any Material ContractContract prior to the end of its current term.

Appears in 1 contract

Samples: Credit Agreement (Liberty Oilfield Services Inc.)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered or made available true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.6.25

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

Material Contracts. Schedule 5.24 4.27 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties Borrowers have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties hereof other than individual purchase orders and such Material Contracts listed on Schedule 4.27 which Material Contracts, by their terms, prohibit disclosure to third parties (and are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.identified as such on Schedule

Appears in 1 contract

Samples: Credit Agreement (MGP Ingredients Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofEffective Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Kirkland's, Inc)

Material Contracts. Schedule 5.24 5.23 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Effective Date. The Loan Parties have delivered filed true, correct and complete copies of such Material Contracts with the SEC or have provided a copy thereof to the Administrative Agent on or before the date hereofAgent. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Dicks Sporting Goods Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing DateThird Restatement Date (other than the Loan Documents). The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofThird Restatement Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of default under, or of the intention of any other party thereto to terminate terminate, any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Lumber Liquidators Holdings, Inc.)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing DateDate other than those contracts specifically described in the definition of Material Contract. The Loan Parties have delivered true, correct and complete copies of such all Material Contracts to the Administrative Agent on or before the date hereof. The None of the Loan Parties are not in breach or is in default in the performance, observance or fulfillment of any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate obligations, covenants or conditions contained in any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Matrix Service Co)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.97

Appears in 1 contract

Samples: Credit Agreement (Casper Sleep Inc.)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Third Amendment Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent Lender on or before the date hereofClosing Date or the Third Amendment Effective Date, as applicable. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Christopher & Banks Corp)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing DateEffective Date (other than the Loan Documents). The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofEffective Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of default under, or of the intention of any other party thereto to terminate terminate, any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Lumber Liquidators Holdings, Inc.)

Material Contracts. Schedule 5.24 3.18 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Second Restatement Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach in any material respect of, or in default in any material respect of or under under, any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Circuit City Stores Inc)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit and Security Agreement (Katy Industries Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered to the Administrative Agent true, correct and complete copies of such those Material Contracts to which have been reasonably requested by the Administrative Agent on or before the date hereofClosing Date. The As of the Closing Date, the Loan Parties are not in breach or in default in any material respect of or under any Material Contract Contract, and have not received any notice of the intention of any other party thereto to terminate any Material Contract, in each case which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Tuesday Morning Corp/De)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent and the Term Loan Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Alco Stores Inc)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent Lender on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit and Security Agreement (Katy Industries Inc)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party or its Subsidiaries is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties and their Subsidiaries are not in breach or in default in any material respect of or under any Material Contract and have not received any written notice of the intention of any other party thereto to terminate any Material ContractContract (other than any notice as to a termination that would be voided or invalidated under the Bankruptcy Code).

Appears in 1 contract

Samples: Possession Credit Agreement (Pacific Sunwear of California Inc)

Material Contracts. Subject to Schedule 5.24 6.21, Schedule 1.02 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The To the extent requested by the Administrative Agent, the Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material ContractAgent.

Appears in 1 contract

Samples: Cenveo, Inc

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Restatement Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofRestatement Effective Date. The Except as would not be reasonably be expected to have a Material Adverse Effect, the Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.. 5048719.15048719.6 127

Appears in 1 contract

Samples: Credit Agreement (Destination Maternity Corp)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing DateFourth Restatement Date (other than the Loan Documents). The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofFourth Restatement Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of default under, or of the intention of any other party thereto to terminate terminate, any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Lumber Liquidators Holdings, Inc.)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract (other than any Material Contract or Material Indebtedness the remedies under which are stayed by the Initial Order) and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Super Priority Dip Credit Agreement

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party or Subsidiary thereof is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.6.25

Appears in 1 contract

Samples: Credit Agreement (Lifecore Biomedical, Inc. \De\)

Material Contracts. Schedule 5.24 sets forth all Material Contracts (other than with respect to those set forth on Schedule 1.01) to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Participation and Servicing Agreement (Walker & Dunlop, Inc.)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.. 5.25

Appears in 1 contract

Samples: Credit Agreement (Lovesac Co)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Except as set forth on Schedule 5.24, the Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofClosing Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (KOHLS Corp)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Effective Date. The Loan Parties have delivered or made available true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material ContractEffective Date.

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

Material Contracts. Schedule 5.24 6.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Effective Date. The Loan Parties have delivered or made available true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofEffective Date. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.6.25

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Third Amendment Effective Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereof. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Rh)

Material Contracts. Schedule 5.24 sets forth all Material Contracts to which any Loan Party is a party or is bound as of the Closing Date. The Loan Parties have delivered true, correct and complete copies of such Material Contracts to the Administrative Agent on or before the date hereofAgent. The Loan Parties are not in breach or in default in any material respect of or under any Material Contract and have not received any notice of the intention of any other party thereto to terminate any Material Contract.

Appears in 1 contract

Samples: Credit Agreement (Petsmart Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.