Common use of No Breach Clause in Contracts

No Breach. None of the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the Borrower, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agency, or any agreement or instrument to which the Borrower is a party or by which it or any of its Property is bound or to which it is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien upon any Property of the Borrower pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a partyDocuments, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the Borrower, or any applicable law (including, without limitation, the Prescribed Laws), rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other agreement or instrument to which the Borrower or any of its Affiliates is a party or by which it or any of its Property is bound or to which it is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Agreement) upon any Property of the Borrower pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a partyDocuments, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the BorrowerOperating Agreements, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agency, or any agreement or instrument to which the any Borrower or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge AgreementSecurity Documents) result in the creation or imposition of any Lien upon any Property Borrower or any of the Borrower its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the Borrower or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) upon any Property of the Borrower or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Program Documents to which it is a party, or (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws (or other organizational or governing documents) of the BorrowerSeller, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any other material agreement or instrument to which the Borrower Seller, or any of its Subsidiaries, is a party or by which it any of them or any of its Property their property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to the Company Pledge this Agreement) result in the creation or imposition of any Lien upon any Property property of the Borrower Seller or any of its Subsidiaries, pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a partyAgreement, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent (that has not heretofor been obtained) under, the charter or by-laws of the BorrowerCompany, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any material agreement or instrument to which the Borrower Company or any of its Subsidiaries is a party or by which it any of them or any of its Property their assets or properties is bound or to which it any of them is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien upon any Property of the Borrower pursuant to the terms of any such agreement or instrument.

No Breach. None Except as expressly disclosed in writing to the Lenders on or before the date hereof, none of the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof Transactions will conflict with or result in a breach of, or require any consent under, the charter charters or by-by- laws of any of the BorrowerBorrowers, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any material agreement or instrument to which the Borrower Company or any Material Subsidiary (including Xxxxxx Operating and any of its subsidiaries that are Material Subsidiaries) is a party or by which it or any of its Property them is bound or to which it any of them is subject, or constitute a material default under any such material agreement or instrument, or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien upon any Property of the Borrower revenues or assets of the Company or any such Subsidiary pursuant to the terms of any such material agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the Notes and --------- the other Loan Documents to which it is a partyBasic Documents, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the BorrowerOperating Agreement, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agency, or any agreement or instrument to which the Borrower or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge AgreementSecurity Documents) result in the creation or imposition of any Lien upon any Property of the Borrower or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the any Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the any Borrower or any of their Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) upon any Property of the any Borrower or any of their Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the --------- Notes and the other Loan Documents to which it is a partyBasic Documents, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the BorrowerOperating Agreements, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agency, or any agreement or instrument to which the any Borrower or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge AgreementSecurity Documents) result in the creation or imposition of any Lien upon any Property Borrower or any of the Borrower its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a partyBasic Documents, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws (or similar governing documents) of the Borrowerany Obligor, or any applicable law Law or regulation, or any order, writ, injunction or decree of any court or governmental authority Governmental Authority or agency, or any agreement or instrument to which the Borrower any Obligor is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge AgreementSecurity Documents) result in the creation or imposition of any Lien upon any Property of the Borrower any Obligor pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, or (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the Borrower Borrower, or any of its Subsidiaries, is a party or by which it any of them or any of its Property their property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to the Company Pledge this Loan Agreement) result in the creation or imposition of any Lien upon any Property property of the Borrower or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or to be entered into by a Borrower in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the organizational documents of a Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any other material agreement or instrument to which the a Borrower or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, instrument or result in the creation or imposition of any Lien (except for the Liens created pursuant to the Company Pledge AgreementLoan Documents) result in the creation or imposition of any Lien upon any Property of the Borrower a Borrower, or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, party nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the Borrower By-Laws or the certificate of incorporation of Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the Borrower or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) upon any Property of the Borrower Collateral pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a partyBasic Documents, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the BorrowerOperating Agreements, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agency, or any agreement or instrument to which the any Borrower or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge AgreementSecurity Documents) result in the creation or imposition of any Lien upon any Property Borrower or any of the Borrower its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, including the Investment Company Act of 1940, or any Servicing Agreement or other material agreement or instrument to which the Borrower is a party or by which it the Borrower or any of its Property is bound or to which it is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) upon any Property of the Borrower pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a partyNotes, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the BorrowerCompany, or any applicable law or regulationregulation in any material respect, or any order, writ, injunction or decree of any court or governmental authority or agency, or any agreement or instrument in any material respect to which the Borrower Company or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien upon any Property of the Borrower Company or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach ofof the articles of incorporation, or require any consent underas amended and supplemented, the charter or by-laws of the Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement (if any) or other material agreement or instrument to which the Borrower is a party or by which it or any of its Property is bound or to which it is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) upon any Property of the Borrower pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a partyBasic Documents, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws (or similar governing documents) of the Borrowerany Obligor, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agency, or any agreement or instrument to which the Borrower any Obligor is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge AgreementSecurity Documents) result in the creation or imposition of any Lien upon any Property of the Borrower any Obligor pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Direct Agreement and the Notes and the other Loan Transaction Documents to which it SRT is a party, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws organizational documents of the BorrowerSRT, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Body, or any agreement or instrument to which the Borrower SRT or any of its Subsidiaries is a party or by which it or any of its Property is bound or to which it is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge AgreementSecurity Documents) result in the creation or imposition of any Lien upon any Property of the Borrower SRT or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the Borrowerany Loan Party, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the Borrower any Loan Party or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) upon any Property of the Borrower any Loan Party or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the Notes --------- and the other Loan Documents to which it is a partyBasic Documents, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the BorrowerOperating Agreements, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agency, or any agreement or instrument to which the any Borrower or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge AgreementSecurity Documents) result in the creation or imposition of any Lien upon any Property Borrower or any of the Borrower its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the Notes and the other Loan Basic Documents to which it Triarc is a party, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the BorrowerTriarc, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agency, or any material agreement or instrument to which the Borrower Triarc is a party or by which it or any of its Property is bound or to which it is subject, or constitute a material default under any such 24184999 agreement or instrument, or (except for the Liens created pursuant to the Company Pledge AgreementSecurity Documents) result in the creation or imposition of any Lien upon any Property of the Borrower Triarc pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery by the Borrower of this Agreement and the Notes and the other Loan Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any other material agreement or instrument to which the Borrower Borrower, or any of its Subsidiaries, is a party or by which it any of them or any of its Property their property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to the Company Pledge this Loan Agreement) result in the creation or imposition of any Lien upon any Property property of the Borrower or any of its Subsidiaries, pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan --------- Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the Borrower or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) upon any Property of the Borrower or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, or (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws bylaws of the Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the Borrower Borrower, or any of its Subsidiaries, is a party or by which it any of them or any of its Property their property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to the Company Pledge this Agreement) result in the creation or imposition of any Lien upon any Property property of the Borrower or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan --------- Documents to which it is a party, or (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws bylaws of the Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the Borrower Borrower, or any of its Subsidiaries, is a party or by which it any of them or any of its Property their property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to the Company Pledge this Agreement) result in the creation or imposition of any Lien upon any Property property of the Borrower or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Program Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws (or other organizational or governing documents) of the BorrowerSeller, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any other material agreement or instrument to which the Borrower Seller, or any of its Subsidiaries, is a party or by which it any of them or any of its Property their property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to the Company Pledge this Agreement) result in the creation or imposition of any Lien upon any Property property of the Borrower Seller or any of its Subsidiaries, pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the any Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the any Borrower or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) upon any Property of the any Borrower or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Transaction Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter articles of incorporation or by-laws of the Borrowerany Seller, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the Borrower any Seller or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Agreement) upon any Property of the Borrower any Seller or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the Borrowereither Affiliated Party, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the Borrower either Affiliated Party or any of their respective Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) upon any Property of the Borrower either Affiliated Party or any of their respective Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of Neither (a) the execution and delivery of this Agreement and the Notes and the other Loan Documents to which it is a party, nor (b) the consummation of the transactions herein and therein contemplated or in compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, of the charter or by-laws of the Borrower, or any applicable law law, rule or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyGovernmental Authority, or any Servicing Agreement or other material agreement or instrument to which the Borrower is or any of its Subsidiaries are a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) upon any Property of the Borrower or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.

No Breach. None of the The execution and delivery of this Agreement and Agreement, the Notes --------- Notes, and the other Loan Documents to which it is a partyOperative Documents, the consummation of the transactions herein and therein contemplated or and compliance with the terms and provisions hereof and thereof will not conflict with with, or result in a breach of, or require any consent underof any Person not already obtained, under the charter or by-laws bylaws of the Borrower, Lessor or any applicable law Governmental Requirement of the State of the Lessor or regulation, its state of incorporation or any order, writ, injunction or decree the United States of any court or governmental authority or agencyAmerica governing its banking and trust powers, or any agreement or instrument to which the Borrower Lessor is a party or by which it or any of its Property is bound or to which it is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien (except under the Operative Documents and other Permitted Liens) upon any Property of the Borrower revenues or Properties of the Lessor, including the Facility, pursuant to the terms of any such agreement or instrument.

No Breach. None of the execution and delivery of this Agreement and the Notes Note and the other Loan Documents to which it is a partySecurity Documents, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent under, the charter or by-laws of the Borrower, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agency, or any material agreement or instrument to which the Borrower is a party or by which it or any Property of its Property any Facility Owner is bound or to which it any Facility Owner is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge AgreementSection 3.04 hereof) result in the creation or imposition of any Lien upon any Property of the Borrower Facility Owner pursuant to the terms of any such agreement or instrument.

No Breach. (a) None of the execution and delivery of this Agreement and the Notes and the other Loan Documents Note to which it any of the Obligors is a party, the consummation of the transactions herein and therein contemplated or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of, or require any consent (which has not been obtained or the requirement for which has not been waived) under, the charter or by-laws of the Borrower, or any applicable law or regulation, or any order, writ, injunction or decree of any court or governmental authority or agencyObligor, or any agreement or instrument to which the Borrower any Obligor or any of its Subsidiaries is a party or by which it any of them or any of its their Property is bound or to which it any of them is subject, or constitute a default under any such agreement or instrument, or (except for the Liens created pursuant to the Company Pledge Agreement) result in the creation or imposition of any Lien upon any Property of the Borrower any Obligor or any of its Subsidiaries pursuant to the terms of any such agreement or instrument.