Common use of No Defaults or Restrictions Clause in Contracts

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or any of the Financing Agreements nor compliance with their terms and conditions will conflict with or result in breach of, or constitute a default under, any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, corporate charter, bylaw or any other agreement or instrument to which Borrower or any of the Bank Subsidiaries is now a party or by which any of them or any of their properties may be bound or affected, or any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Authority, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower or any of the Bank Subsidiaries under the terms or provisions of any of the foregoing. Neither Borrower nor any of the Bank Subsidiaries is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing indebtedness of any kind or pursuant to which any such indebtedness is issued, or other agreement or instrument to which Borrower or any Bank Subsidiary is a party or by which Borrower or any Bank Subsidiary or any of their respective properties may be bound or affected.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or any of the Financing Agreements Transaction Documents nor compliance with their terms and conditions will will: (a) violate, conflict with with, or result in a material breach of, or constitute a material default under, under (i) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, corporate charter, bylaw or any other agreement or instrument to which Borrower or any of the Bank Subsidiaries Subsidiary is now a party or by which any of them or any of their properties may be bound or affected, or (ii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental AuthorityAgency, or (iii) any statute, rule or regulation applicable to Borrower; or (b) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower or any Subsidiary. As of the Bank Subsidiaries under the terms date of this Agreement, none of Borrower or provisions of any of the foregoing. Neither Borrower nor any of the Bank Subsidiaries Subsidiary is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing indebtedness of any kind or pursuant to which any such indebtedness is issued, or other agreement or instrument to which Borrower or any Bank Subsidiary is a party or by which Borrower or any Bank Subsidiary or any of their respective properties may be bound or affected.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or any of the Financing Agreements Transaction Documents nor compliance with their terms and conditions will (a) violate, conflict with or result in a material breach of, or constitute a material default under, : (i) the charter or bylaws of Borrower or PFP; (ii) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, corporate charter, bylaw or any other material agreement or instrument to which Borrower or any of the Bank Subsidiaries is now a party or by which any of them Borrower or any of their its properties may be bound or affected, or ; (iii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental AuthorityAgency applicable to Borrower; or (iv) any statute, rule or regulation applicable to Borrower, or (b) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower or any PFP except in the case of the Bank Subsidiaries under the terms (a)(ii), (a)(iii), (a)(iv) and (b), such violations, conflicts, breaches, defaults, liens, charges or provisions of any of the foregoingencumbrances as would not have a Material Adverse Effect. Neither Borrower nor any of the Bank Subsidiaries PFP is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any material indenture or other agreement creating, evidencing or securing indebtedness Indebtedness of any kind or pursuant to which any such indebtedness Indebtedness is issued, or other agreement or instrument to which Borrower or any Bank Subsidiary PFP is a party or by which Borrower or any Bank Subsidiary PFP or any of their respective properties may be bound or affected.

No Defaults or Restrictions. Neither the execution and --------------------------- delivery of this Agreement or any of the Financing Agreements Loan Documents nor compliance with their terms and conditions will conflict with or result in a material breach of, or constitute a material default under, any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, corporate charter, bylaw or any other agreement or instrument to which the Borrower or any of the Bank Subsidiaries Subsidiary is now a party or by which any of them or any of their respective properties may be is now bound or affected, or any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental AuthorityAgency binding on the Borrower or the Subsidiary, or result in the creation or imposition of any material lien, charge or encumbrance of any nature whatsoever upon any property or asset of the Borrower or any of the Bank Subsidiaries Subsidiary under the terms or provisions of any of the foregoing. Neither the Borrower nor any of the Bank Subsidiaries Subsidiary is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing indebtedness of any kind or pursuant to which any such indebtedness is issued, or other agreement or instrument to which the Borrower or any Bank the Subsidiary is a party or by which the Borrower or any Bank the Subsidiary or any of their respective properties may be is now bound or affected.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or any of the Financing Agreements Transaction Documents nor compliance with their terms and conditions will conflict with or (a) result in a material breach of, or constitute a material default under, : (i) the certificate of incorporation or bylaws of Borrower or any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, corporate charter, bylaw or any other material agreement or instrument to which Borrower or any of the Bank Subsidiaries Subsidiary is now a party or by which any of them or any of their properties may be bound or affected, or ; (ii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental AuthorityAgency; or (iii) any statute, rule or regulation applicable to Borrower, or (b) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower or any Subsidiary. None of the Bank Subsidiaries under the terms Borrower or provisions of any of the foregoing. Neither Borrower nor any of the Bank Subsidiaries Subsidiary is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing indebtedness Indebtedness of any kind or pursuant to which any such indebtedness Indebtedness is issued, or other agreement or instrument to which Borrower or any Bank Subsidiary is a party or by which Borrower or any Bank Subsidiary or any of their respective properties may be bound or affectedaffected that could reasonably be expected to have a material adverse effect upon the financial condition, business or operations of Borrower or such Subsidiary.

No Defaults or Restrictions. Neither the execution and delivery of this the Agreement or any of the Financing Agreements Subordinated Notes nor compliance with their terms and conditions will (a) violate, conflict with or result in a breach of, or constitute a default under, : (i) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any contract, agreement, indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, corporate charter, bylaw or any other agreement or instrument to which Borrower Borrower, Bank or any of the Bank Subsidiaries other Subsidiary is now a party or by which any of them or any of their properties may be bound or affected, or ; (ii) any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental AuthorityAgency; or (iii) any statute, rule or regulation applicable to Borrower or Bank, except, in each such case, for such violations and conflicts that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on such Person, or (b) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower Borrower, Bank or any other Subsidiary. None of the Borrower, Bank Subsidiaries under the terms or provisions of any of the foregoing. Neither Borrower nor any of the Bank Subsidiaries other Subsidiary is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing indebtedness Indebtedness of any kind or pursuant to which any such indebtedness Indebtedness is issued, or other agreement or instrument to which Borrower Borrower, Bank or any Bank other Subsidiary is a party or by which Borrower Borrower, Bank or any Bank other Subsidiary or any of their respective properties may be bound or affected, except, in each case, only such defaults that would not reasonably be expected to have, singularly or in the aggregate, a Material Adverse Effect on Borrower, Bank or any other Subsidiary.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or any of the Financing Agreements Transaction Documents nor compliance with their terms and conditions will (a) violate, conflict with or result in a material breach of, or constitute a material default under, : (i) any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, corporate charter, bylaw or any other agreement or instrument to which Borrower or any of the Bank Subsidiaries Subsidiary is now a party or by which any of them or any of their properties may be bound or affected; (ii) subject to any applicable approvals by regulatory authorities having jurisdiction over Borrower, or by any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental AuthorityAgency; or (iii) any statute, rule or regulation applicable to Borrower, or (b) result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower or any Subsidiary. None of the Bank Subsidiaries under the terms Borrower or provisions of any of the foregoing. Neither Borrower nor any of the Bank Subsidiaries Subsidiary is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing indebtedness of any kind or pursuant to which any such indebtedness is issued, or other agreement or instrument to which Borrower or any Bank Subsidiary is a party or by which Borrower or any Bank Subsidiary or any of their respective properties may be bound or affected.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or any of the Financing Agreements Loan Documents nor compliance with their the terms and conditions thereof will (a) conflict with or result in a material breach of, or constitute a material default under, any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any indenture, mortgage, deed of trust, pledge, bank loan pledge or credit agreement, corporate charter, bylaw or any other agreement or instrument to which Borrower or any of the Bank Subsidiaries Subsidiary is now a party or by which any of them or any of their properties may be bound or affected, (b) violate any provision of the organizational documents of Borrower or any Subsidiary, (c) materially contravene any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental AuthorityAgency, or (d) result in the material creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower or any of the Bank Subsidiaries Subsidiary under the terms or provisions of any of the foregoing. Neither None of Borrower nor or any of the Bank Subsidiaries Subsidiary is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing indebtedness of any kind or pursuant to which any such indebtedness is issued, or other agreement or instrument to which Borrower or any Bank Subsidiary is a party or by which Borrower or any Bank Subsidiary or any of their respective properties may be bound or affected, which would have a material adverse effect on the financial condition, business or operations of Borrower and the Subsidiaries taken as a whole.

No Defaults or Restrictions. Neither the execution and delivery of this Agreement or any of the Financing Agreements nor compliance with their terms and conditions will conflict with or result in breach of, or constitute a default under, any of the terms, obligations, covenants, conditions or provisions of any corporate restriction or of any indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, corporate charter, bylaw or any other agreement or instrument to which Borrower Borrower, Parent or any of the Bank Subsidiaries is now a party or by which any of them or any of their properties may be bound or affected, or any judgment, order, writ, injunction, decree or demand of any court, arbitrator, grand jury, or Governmental Authority, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any property or asset of Borrower Borrower, Parent or any of the Bank Subsidiaries under the terms or provisions of any of the foregoing. Neither Borrower nor Parent nor any of the Bank Subsidiaries is in material default in the performance, observance or fulfillment of any of the terms, obligations, covenants, conditions or provisions contained in any indenture or other agreement creating, evidencing or securing indebtedness of any kind or pursuant to which any such indebtedness is issued, or other agreement or instrument to which Borrower Borrower, Parent or any Bank Subsidiary of the Subsidiaries is a party or by which Borrower which, Parent or any Bank Subsidiary of the Subsidiaries or any of their respective properties may be bound or affected.