No Other Default. The execution and delivery of this Agreement and the other agreements referred to herein, and the consummation of the transactions contemplated hereunder will not conflict with or violate or require any consent under and will not result in any breach or termination of certificate of incorporation or by-laws of Comercis, or any other agreement to which Comercis is a party or by which its properties are subject or by which it is bound. Comercis is not in violation of, or in default under, (i) any term or provision of its constitutional documents; (ii) any material term or provision or any financial covenant of any indenture, mortgage, contract, commitment or other agreement or instrument to which it is a party or by which it or any or its properties or business is or may be bound or affected; or (iii) any existing applicable law, rule, regulation, judgment, order or decree of any governmental agency or court, domestic or foreign, having jurisdiction over it or any of its properties or business. Comercis owns, possesses or has obtained all governmental and other licenses, permits, certifications, registrations, approvals or consents and other authorizations necessary to own or lease, as the case may be, and to operate its properties and to conduct its business or operations as presently conducted and all such governmental and other licenses, permits, certifications, registrations, approvals, consents and other authorizations are outstanding and in good standing, and there are no proceedings pending or, to the best of its knowledge, threatened, or any basis therefor existing, seeking to cancel, terminate or limit such licenses, permits, certifications, registrations, approvals or consents or authorizations, or related to the breach or failure to comply of Comercis with any law, rule, regulation, judgment, order or decree;
No Other Default. The execution and delivery of this Agreement by Purchaser, and the consummation of the transactions contemplated hereunder, will not conflict with, or violate, or require any consent under, and will not result in any breach or termination of Purchaser's corporate charter, Bylaws or minutes, or any agreement to which Purchaser is a party, or by which any of its property is subject, or by which it is bound.
No Other Default. Borrower hereby warrants and represents to Agent and Lenders that no Default or Event of Default has occurred and is continuing which has not been disclosed in writing to the Agent and the Lenders and waived pursuant hereto.
No Other Default. Other than the Subject Default, no Default or Event of Default exists under any of the Note Documents. As of the date hereof, the Company is not in default under or with respect to (i) its charter documents or (ii) any material contractual obligation of the Company. The execution, delivery and performance of this Amendment shall not result in any default under any contractual obligation of the Company in any respect.
No Other Default. To induce Lender to enter into this Agreement, Borrower hereby represents and warrants that, to Borrower’s knowledge, as of the date hereof, and after giving effect to the terms hereof, other than the Specified Defaults, there exists no Default under the Loan Agreement or any of the other Loan Documents.
No Other Default. The Borrower is not in default under any instrument evidencing any Indebtedness or any agreement thereto or any indenture, mortgage, deed of trust, security agreement, lease, franchise or other agreement or other instrument to which such Person is a party or by which it or he is bound, in each case with a principal amount greater than $250,000.
No Other Default. 16 ss. 3.05
No Other Default. The Borrower is not in breach of or default under any other agreement of instrument in relation to Indebtedness by which it is bound other than any breach or default that would not have a material adverse effect on the Borrower's ability to perform or comply with its obligations under this Agreement.
No Other Default. Neither the Borrower nor any Obligor is in default under any instrument evidencing any indebtedness or any agreement thereto or any indenture, mortgage, deed of trust, security agreement, lease, franchise or other agreement or other instrument to which such Person is a party or by which it or he is bound.
No Other Default. After giving effect to the limited waivers in Section 4 of this Amendment and the limited consent in Section 3 of this Amendment, no Default or Event of Default exists under any of the Note Documents and no Default (as such term is defined in the Bank Agreement) or Event of Default (as such term is defined in the Bank Agreement) exists under the Bank Agreement. As of the date hereof, neither the Company nor any Guarantor is in default under or with respect to (i) its charter documents or (ii) any material contractual obligation. The execution, delivery and performance of this Amendment shall not result in any default under any contractual obligation of the Company or any Guarantor in any respect.
