No Conflicts with Existing Instruments. The execution, delivery and performance by the Depositor of each of this Agreement and the Basic Documents, the issuance and sale of the Certificates and compliance by the Depositor with the terms thereof and the consummation of the transactions contemplated by this Agreement and the Basic Documents will not (i) conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Depositor pursuant to, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Depositor is a party or by which the Depositor is bound or to which any of the property or assets of the Depositor is subject; (ii) result in any violation of the provisions of the charter, by-laws or similar organizational documents of the Depositor; or (iii) result in the violation of any law or statute or any judgment, order or regulation of any Governmental Authority, except, in the case of clauses (i) and (iii) above, for any such conflict, breach or violation that would not, individually or in the aggregate, have a Material Adverse Effect.
No Conflicts with Existing Instruments. The execution, delivery and performance by the Issuer, the Co-Issuer, the Arbor Parent or any of their respective affiliates of any Basic Document to which it is a party, the issuance and sale of the Notes and compliance by it with the terms thereof and the consummation of the transactions contemplated by such Basic Documents will not (A) conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, or, except as contemplated by the Basic Documents, result in the creation or imposition of any lien, charge or encumbrance upon any of its property or assets pursuant to any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which it is a party or by which it is bound or to which any of its property or assets are subject; (B) result in any violation of the provisions of the charter, by-laws, memorandum and articles of association or similar organizational documents of the Issuer, the Co-Issuer, the Arbor Parent or any of their respective affiliates; or (C) result in the violation of any law or statute or any judgment, order or regulation of any Governmental Authority.
No Conflicts with Existing Instruments. The execution, delivery and performance by the Issuer, Co-Issuer and Parent of the Basic Documents to which it is a party, the issuance and sale of the Notes and compliance by it with the terms thereof and the consummation of the transactions contemplated by such Basic Documents will not (A) conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, or, except as contemplated by the Basic Documents, result in the creation or imposition of any lien, charge or encumbrance upon any of its property or assets pursuant to any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which it is a party or by which it is bound or to which any of its property or assets are subject; (B) result in any violation of the provisions of the charter, by-laws or similar organizational documents of the Issuer, Co-Issuer or Parent; or (C) result in the violation of any law or statute or any judgment, order or regulation of any Governmental Authority.
No Conflicts with Existing Instruments. The execution, delivery and performance by the Depositor of each of the Basic Documents, the issuance and sale of the Certificates and compliance by the Depositor with the terms thereof and the consummation of the transactions contemplated by the Basic Documents will not (i) conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Depositor pursuant to, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Depositor is a party or by which the Depositor is bound or to which any of the property or assets of the Depositor is subject, (ii) result in any violation of the provisions of the charter, by-laws or similar organizational documents of the Depositor or (iii) result in the violation of any law or statute or any judgment, order or regulation of any Governmental Authority, except, in the case of clauses (i) and (iii) above, for any such conflict, breach or violation that would not, individually or in the aggregate, have a Material Adverse Effect.
No Conflicts with Existing Instruments. The execution, delivery and performance by CMB of this Agreement and compliance by CMB with the terms hereof and the consummation of the transactions contemplated hereby will not (i) conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of CMB pursuant to, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which CMB is a party or by which CMB is bound or to which any of the property or assets of CMB is subject, (ii) result in any violation of the provisions of the charter, by-laws or similar organizational documents of CMB or (iii) result in the violation of any law or statute or any judgment, order or regulation of any Governmental Authority, except, in the case of clauses (i) and (iii) above, for any such conflict, breach or violation that would not, individually or in the aggregate, have a Material Adverse Effect.
No Conflicts with Existing Instruments. The execution, delivery and performance by the Issuer of each of the Legal Agreements, the issuance and sale of the Offered Notes on the terms set forth in this Agreement and compliance by the Issuer with the terms thereof will not (i) conflict with or result in a breach of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Issuer (other than those created in, or imposed by, the Legal Agreements themselves) pursuant to, any indenture, mortgage, trust deed, loan agreement or other agreement or instrument to which the Issuer is a party or by which the Issuer is bound or to which any of the property or assets of the Issuer is subject, (ii) result in any violation of the provisions of the Memorandum and Articles of Association of the Issuer or (iii) result in the violation of any applicable law or statute or any judgment, decree, license, authorisation, rule, notification, order or regulation of any Issuer Governmental Authority, except, in the case of clauses (i) and (iii) above, for any such conflict, breach or violation that would not, individually or in the aggregate, have an Issuer Material Adverse Effect.
No Conflicts with Existing Instruments. The execution, delivery and performance by each of Funding 1 and the Mortgages Trustee of each of the Legal Agreements to which each is a party and compliance by each of them with the terms thereof will not (i) conflict with or result in a breach of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of Funding 1 or the Mortgages Trustee (other than those created in, or imposed by, the Legal Agreements themselves), as the case may be, pursuant to, any indenture, mortgage, trust deed, loan agreement or other agreement or instrument to which Funding 1 or the Mortgages Trustee, as the case may be, is a party or by which Funding 1 or the Mortgages Trustee, as the case may be, is bound or to which any of the property or assets of Funding 1 or the Mortgages Trustee, as the case may be, is subject, (ii) result in any violation of the provisions of the Memorandum and Articles of Association of Funding 1 or the Mortgages Trustee, as the case may be, or (iii) result in the violation of any applicable law or statute or any judgment, decree, license, authorisation, rule, notification, order or regulation of any Funding 1 Governmental Authority or Mortgages Trustee Governmental Authority, as the case may be, except, in the case of clauses (i) and (iii) above, for any such conflict, breach or violation that would not, individually or in the aggregate, have a Funding 1 Material Adverse Effect or a Mortgages Trustee Material Adverse Effect, as the case may be.
No Conflicts with Existing Instruments. The execution, delivery and performance by Halifax of this Agreement and the other Legal Agreements to which Halifax is a party and compliance by Halifax with the terms hereof and thereof will not, and each assignment of the English Loans and their Related Security and each Scottish Declaration of Trust in respect of the Scottish Loans and their Related Security did not upon the relevant Assignment Date, (i) conflict with or result in a breach of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge, security or encumbrance upon any property or assets of Halifax (other than those created in, or imposed by, the Legal Agreements themselves) pursuant to, any indenture, mortgage, trust deed, loan agreement or other agreement or instrument to which Halifax is a party or by which Halifax is bound or to which any of the property or assets of Halifax is subject, (ii) result in any violation of the provisions of the Memorandum and Articles of Association of Halifax or (iii) result in the violation of any applicable law or statute or any judgment, license, authorisation, rule, notification, decree, order or regulation of any court or governmental agency or any other body or person having jurisdiction over Halifax or any of its properties (HALIFAX GOVERNMENTAL AUTHORITY), except, in the case of clauses (i) and (iii) above, for any such conflict, breach or violation that would not, individually or in the aggregate, have a Halifax Material Adverse Effect.
No Conflicts with Existing Instruments. The execution, delivery and performance by the Company and each of the Guarantors of each of the Transaction Documents to which each is a party and the Fleet Credit Facility, the issuance and sale of the Securities or the issuance of the Guarantees and compliance by the Company and each of the Guarantors with the terms thereof and the consummation of the transactions contemplated by the Transaction Documents and the Fleet Credit Agreement, including the use of the initial borrowings made on the Closing Date of the Fleet Credit Facility and the proceeds of the Securities, will not (i) conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of its subsidiaries pursuant to, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject, except with respect to the Guarantee Agreement dated as of August 4, 2002, as amended, (the "Elcatex Guarantee") by the Company in favor of SunTrust Bank, to the extent waivers are not obtained with regard to the covenants contained therein, the Guarantees will conflict with the provisions of the Elcatex Guarantee; (ii) result in any violation of the provisions of the charter, by-laws or similar organizational documents of the Company or any of its subsidiaries or (iii) result in the violation of any law or statute or any judgment, order or regulation of any court or arbitrator or governmental or regulatory authority having jurisdiction over the Company or any of its subsidiaries or any of their respective properties or assets, except, in the case of clauses (i) and (iii) above, for any such conflict, breach or violation that would not, individually or in the aggregate, have a Material Adverse Effect.
No Conflicts with Existing Instruments. The execution, delivery and performance by JPMCB of this Agreement and compliance by JPMCB with the terms hereof and the consummation of the transactions contemplated hereby will not (i) conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of JPMCB pursuant to, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which JPMCB is a party or by which JPMCB is bound or to which any of the property or assets of JPMCB is subject, (ii) result in any violation of the provisions of the charter, by-laws or similar organizational documents of JPMCB or (iii) result in the violation of any law or statute or any judgment, order or regulation of any Governmental Authority, except, in the case of clauses (i) and (iii) above, for any such conflict, breach or violation that would not, individually or in the aggregate, have a Material Adverse Effect.
