Common use of Other Agreements Clause in Contracts

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 31 contracts

Samples: Credit Agreement (Penford Corp), Credit Agreement (Plexus Corp), Credit Agreement (DG FastChannel, Inc)

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Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrower, any Subsidiary or any of its their Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 15 contracts

Samples: Credit Agreement (Diamond Management & Technology Consultants, Inc.), Credit Agreement (Accretive Health, Inc.), Credit Agreement (Champion Industries Inc)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect. Neither the Borrower nor any Subsidiary shall enter into an amendment or modification of any contract or agreement which could, in the Responsible Officer’s business judgment, reasonably be expected to have a Material Adverse Effect.

Appears in 12 contracts

Samples: Credit Agreement (Alpine Income Property Trust, Inc.), Credit Agreement (Consolidated Tomoka Land Co), Credit Agreement (Alpine Income Property Trust, Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person Persons or any of its Propertytheir Properties, which default if uncured could is reasonably be expected likely to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Credit Agreement (Apac Customer Service Inc), Credit Agreement (Sycamore Park Convalescent Hospital), Credit Agreement (Vision Twenty One Inc)

Other Agreements. Neither None of Holdings, the Borrower nor or any Borrower Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Credit Agreement (StoneX Group Inc.), Credit Agreement (Intl Fcstone Inc.), Credit Agreement (StoneX Group Inc.)

Other Agreements. Neither the No Borrower nor any Restricted Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person any Borrower, any Restricted Subsidiary or any of its Propertytheir Properties, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Credit Agreement (Emcor Group Inc), Credit Agreement (EMCOR Group, Inc.), Credit Agreement (EMCOR Group, Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which except for any such default if uncured that could not reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Senior Subordinated Credit Agreement (Quadrant 4 System Corp), Credit Agreement (Quadrant 4 System Corp), Credit Agreement (Duluth Holdings Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrower, any Subsidiary or any of its their Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Granite City Food & Brewery LTD), Loan Agreement (Fifth Third Bancorp), Loan Agreement (Fifth Third Bancorp)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default default, if uncured uncured, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Umh Properties, Inc.), Credit Agreement (Umh Properties, Inc.), Credit Agreement (Umh Properties, Inc.)

Other Agreements. Neither the Borrower nor any Restricted Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrower, any Restricted Subsidiary or any of its their Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Amendment Agreement (Cliffs Natural Resources Inc.), Assignment and Assumption (Cliffs Natural Resources Inc.), Credit Agreement (Cleveland Cliffs Inc)

Other Agreements. Neither None of the Borrower nor or any Restricted Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could uncured, would reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary of its Subsidiaries is in default under the terms of any covenant, indenture or agreement of or affecting the Borrower, any such Person Subsidiary or any of its Propertytheir Properties, which default if uncured could reasonably be expected to would have a Material Adverse Effect.

Appears in 4 contracts

Samples: Credit Agreement (Hewitt Associates Inc), Credit Agreement (Hewitt Associates Inc), Day Credit Agreement (Hewitt Associates Inc)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.. Section 5.20

Appears in 3 contracts

Samples: Credit Agreement (Sterling Construction Co Inc), Credit Agreement (Sterling Infrastructure, Inc.), Credit Agreement (Sterling Infrastructure, Inc.)

Other Agreements. Neither the Parent, the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Excelligence Learning Corp), Credit Agreement (Excelligence Learning Corp), Credit Agreement (Check Technology Corp)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrower, any Subsidiary or any of its Propertytheir Properties, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Multicurrency Credit Agreement (Gallagher Arthur J & Co), Credit Agreement (Maf Bancorp Inc), Credit Agreement (Gallagher Arthur J & Co)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Techne Corp /Mn/), Credit Agreement (Sterling Construction Co Inc), Credit Agreement (Female Health Co)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default default, if uncured could uncured, would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Monmouth Real Estate Investment Corp), Credit Agreement (Monmouth Real Estate Investment Corp), Credit Agreement (Monmouth Real Estate Investment Corp)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture indenture, or agreement of or affecting such Person or any of its Property, which default if uncured could uncured, individually or in the aggregate, is reasonably be expected likely to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Lamson & Sessions Co), Credit Agreement (Lamson & Sessions Co), Credit Agreement (Lamson & Sessions Co)

Other Agreements. Neither None of the Parent, any Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement (including any Material Contract) of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Boulder Brands, Inc.), Credit Agreement (Smart Balance, Inc.), Credit Agreement (Boulder Brands, Inc.)

Other Agreements. Neither the Borrower Parent, nor the Borrower, nor any other Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (FTD Inc), Credit Agreement (Ios Brands Corp), Credit Agreement (Ios Brands Corp)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which except for any such default if uncured that could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Duluth Holdings Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrower, any Subsidiary or any of its Propertytheir Properties, which default if uncured could reasonably be expected to would have a Material Adverse Effectmaterial adverse effect on the financial condition, Properties, business or operations of the Borrower or any Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (Information Resources Inc), Information Resources Inc

Other Agreements. Neither the Borrower nor any Material Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrower, any Material Subsidiary or any of its their Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (American Pharmaceutical Partners Inc /De/), Credit Agreement (Abraxis BioScience, Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could may reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Unified Western Grocers Inc), Credit Agreement (Unified Western Grocers Inc)

Other Agreements. Neither the No Borrower nor any Restricted Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrowers, any Restricted Subsidiary or any of its Propertytheir Properties, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Emcor Group Inc), Credit Agreement (Emcor Group Inc)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Nobel Learning Communities Inc), Credit Agreement (Nobel Learning Communities Inc)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its PropertyProperty (other than defaults occasioned by the filing of the Chapter 11 Cases), which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Petition Credit Agreement (Pilgrims Pride Corp), Pilgrims Pride Corp

Other Agreements. Neither the Borrower nor any Subsidiary of its Material Subsidiaries is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could may reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Unified Grocers, Inc.), Credit Agreement (Unified Grocers, Inc.)

Other Agreements. l 2 . Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect. Neither the Borrower nor any Subsidiary shall enter into an amendment or modification of any contract or agreement which could, in the Responsible Officer’s business judgment, reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Alpine Income Property Trust, Inc.), Credit Agreement (Alpine Income Property Trust, Inc.)

Other Agreements. Neither None of the Borrower Borrowers nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Amcol International Corp), Credit Agreement (Amcol International Corp)

Other Agreements. Neither None of the Parent, the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement (including any Material Contract) of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Smart Balance, Inc.), Credit Agreement (Smart Balance, Inc.)

Other Agreements. Neither None of Holdings, the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (StoneX Group Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary of its Subsidiaries is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect. There is no dispute regarding any agreement, contract, lease or commitment of or affecting the Borrower or any of its Subsidiaries, which dispute could reasonably be expected to have Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Cobra Electronics Corp)

Other Agreements. Neither the Borrower nor any Subsidiary Guarantor is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which except for any such default if uncured that could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Twin Disc Inc)

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Other Agreements. Neither Except as disclosed in writing to the Lender with respect to certain defaults existing as of the date hereof, neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrower, any Subsidiary or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effecttheir Properties.

Appears in 1 contract

Samples: Credit Agreement (Westmark Group Holdings Inc)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Lincoln Educational Services Corp)

Other Agreements. Neither of the Borrower nor any Subsidiary Borrowers is in default under the terms of any covenant, indenture or agreement of or affecting such Person Borrower or any of its PropertyProperties, which default if uncured could reasonably be expected to would have a Material Adverse Effectmaterial adverse effect on the financial condition, Properties, business, operations or liabilities of such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Chartermac)

Other Agreements. Neither the Borrower nor any Subsidiary is (i) in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect or (ii) party to any contract or agreement the performance of which would reasonably be expected to have a Material Adverse Effect.. [Bio-Techne - Signature Page to Credit Agreement] 50

Appears in 1 contract

Samples: Credit Agreement (BIO-TECHNE Corp)

Other Agreements. Neither of the Borrower Borrowers nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Penford Corp)

Other Agreements. Neither None of Holdings, the Parent, the Borrower nor any Borrower Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (International Assets Holding Corp)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any material covenant, indenture indenture, or agreement of or affecting such Person or any of its Property, which default if uncured could uncured, individually or in the aggregate, is reasonably be expected likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Lamson & Sessions Co)

Other Agreements. Neither None of the Borrower nor or any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could uncured, would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.. Neither the Borrower nor any Subsidiary shall enter into an amendment or modification of any contract or agreement which could, in the Responsible Officer’s business judgment, reasonably be expected to have a Material Adverse Effect. ​ ​ ​

Appears in 1 contract

Samples: Credit Agreement (Alpine Income Property Trust, Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect. Neither Borrower nor any Subsidiary shall enter into an amendment or modification of any contract or agreement which could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (LTC Properties Inc)

Other Agreements. Neither the Borrower nor any Subsidiary Guarantor is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrower, any Subsidiary or any of its their Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Delek US Holdings, Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person Borrower, any Subsidiary or any of its Propertytheir Properties, which default if uncured could reasonably be expected to would have a Material Adverse Effectmaterial adverse effect on the financial condition, Properties, business or operations of Xxxxxxxxx and its Subsidiaries taken as a whole.

Appears in 1 contract

Samples: Credit Agreement (Gallagher Arthur J & Co)

Other Agreements. Neither None of the Parent, the Borrower nor any Borrower Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (FCStone Group, Inc.)

Other Agreements. Neither the Borrower nor any Subsidiary is (i) in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect or (ii) party to any contract or agreement the performance of which would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (BIO-TECHNE Corp)

Other Agreements. Neither the Borrower nor any Subsidiary Guarantor is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Usfreightways Corp)

Other Agreements. Neither the No Borrower nor any Restricted Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrower, any Restricted Subsidiary or any of its Propertytheir Properties, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Term Loan Agreement (Emcor Group Inc)

Other Agreements. Neither Except as disclosed to the Lenders in the Disclosure Letter, neither the Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person Persons or any of its Propertytheir Properties, which default if uncured could is reasonably be expected likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Vision Twenty One Inc)

Other Agreements. Neither the any Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Reliv International Inc)

Other Agreements. Neither the Borrower nor any Subsidiary is in default under the terms of any material covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Maverick Tube Corporation

Other Agreements. Neither the No Borrower nor any Restricted Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person the Borrowers, any Restricted Subsidiary or any of its Propertytheir Properties, which default if uncured could reasonably be expected to have a Material Adverse Effect. The Company has delivered a true copy of the Indenture to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Emcor Group Inc)

Other Agreements. Neither the No Borrower nor any Subsidiary is in default under the terms of any covenant, indenture or agreement of or affecting such Person or any of its Property, which default if uncured could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (CTS Corp)

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