Operations; Financial Condition Clause Samples
The 'Operations; Financial Condition' clause establishes requirements for a party to maintain its business operations and financial health throughout the term of an agreement. Typically, this clause obligates the party to continue conducting its business in the ordinary course and to avoid actions that could materially affect its financial stability, such as incurring excessive debt or selling key assets. Its core function is to provide assurance to the other party that the business will remain stable and capable of fulfilling its contractual obligations, thereby reducing the risk of default or disruption during the contract period.
Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s knowledge, threatened before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject.
Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower's knowledge, threatened before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under any Reimbursement Contracts. Borrower is not in violation of any agreement, order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject, the violation of which might reasonably be expected to have a materially adverse effect on Borrower's business, financial condition or prospects.
Operations; Financial Condition. No action or investigation is pending or, to the best of Borrower’s knowledge, threatened before or by any court or administrative agency which might result in an Event of Default after the giving of any required notice and the expiration of all applicable cure periods. Borrower is not in violation of any agreement, the violation of which might reasonably be expected to result in an Event of Default after the giving of any required notice and the expiration of all applicable cure periods, and Borrower is not in violation of any order, judgment, or decree of any court, and has no knowledge of violation by Borrower of, any statute or governmental regulation to which it is subject.
Operations; Financial Condition. No action or investigation is pending or, to Borrower’s knowledge, threatened before or by any court or administrative agency which could reasonably be expected to result in any material adverse change in the financial condition, operations of a Loan Party. No Loan Party, to its knowledge, is in violation of any agreement, the violation of which could reasonably be expected to have a material adverse effect on its business or assets. No Loan Party, to its knowledge, is in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which it is subject.
Operations; Financial Condition. Except as disclosed in Schedule A hereto, no action or investigation is pending or, to the best of Borrower's knowledge, threatened before or by any court or federal, state or local government administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower. Neither the Borrower nor Guarantor are in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and neither the Borrower nor Guarantor are in violation of any order, judgment, or decree of any court, or, except as disclosed in Schedule A, any statute or governmental regulation to which it is subject, the violation of which could reasonably be expected to have a material adverse effect on the operation of any Facility or on any of the Collateral.
Operations; Financial Condition. Except as shown on Schedule 3.4, no action or investigation is pending or, to the best of Borrower’s knowledge, threatened against Borrower before or by any court or administrative agency which might result in any material adverse change in the financial condition, operations or prospects of Borrower or any lower reimbursement rate under the Reimbursement Contracts. Borrower is not in violation of any agreement, the violation of which might reasonably be expected to have a material adverse effect on its business or assets, and Borrower is not in violation of any order, judgment, or decree of any court, or any statute or governmental regulation to which Borrower is subject.