Common use of Performance of Contracts Clause in Contracts

Performance of Contracts. Each of the Material Contracts of the Company and its Subsidiaries is in full force and effect and constitutes the legal and binding obligation of the Company or its Subsidiaries, assuming the Material Contracts are the legal and binding obligations of the other parties thereto and subject to the Bankruptcy Exception. There are no existing breaches or defaults by the Company or its Subsidiaries under any such Material Contract the effect of which could reasonably be expected to constitute a Material Adverse Effect on the Company, and, to the Knowledge of the Company, no event has occurred which, with the passage of time or the giving of notice or both, could reasonably be expected to constitute such a breach or default.

Performance of Contracts. Each of the Material Contracts of the Company and its Subsidiaries material Contract is in full force and effect and constitutes the legal and binding obligation of the Company or its Subsidiariesand, assuming to the Material Contracts are knowledge of the Company, constitutes the legal and binding obligations obligation of the other parties thereto and subject to thereto. Except as disclosed in Section 3.11 of the Bankruptcy Exception. There Disclosure Schedule, there are no existing breaches or defaults by the Company or its Subsidiaries or, to the knowledge of the Company, any other party to a Contract under any such Material Contract the effect of which could reasonably be expected to would, individually or in the aggregate, constitute a Material Adverse Effect on the Company, and, to the Knowledge knowledge of the Company, no event has occurred which, with the passage of time or the giving of notice or both, could reasonably be expected to constitute such a breach or default.

Performance of Contracts. Each of the Material Contracts of the Company and its Subsidiaries is in full force and effect and constitutes the legal and binding obligation of the Company or its Subsidiariesand, assuming to the Material Contracts are knowledge of the Company, constitutes the legal and binding obligations obligation of the other parties thereto thereto, except where the failure to be in full force and subject effect is not reasonably likely to the Bankruptcy Exceptionhave a Material Adverse Effect. There are no existing breaches or defaults by the Company or its Subsidiaries or, to the knowledge of the Company, any other party under any such Material Contract the effect of which could reasonably be expected to would constitute a Material Adverse Effect on the Company, and, to the Knowledge knowledge of the Company, no event has occurred which, with the passage of time or the giving of notice or both, could reasonably be expected to constitute such a breach or default. The Company is not subject to the terms of any non-competition or other agreement (including any area restrictions) which restrict in any material respect the conduct of the respective businesses of the Company and its Subsidiaries as presently conducted.