Common use of Year 2000 Compliance Clause in Contracts

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated Entities' business and operations (including those affected by suppliers, vendors, and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated Entities' business and operations are reasonably expected on a timely basis to be able to perform proper date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Term Credit Agreement (Healthsouth Corp), Term Credit Agreement (Healthsouth Corp), Credit Agreement (Healthsouth Corp)

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Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or material suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline time line for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer hardware and software applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.. ARTICLE VII

Appears in 3 contracts

Samples: Credit Agreement (Proffitts Inc), Credit Agreement (Proffitts Inc), Credit Agreement (Saks Inc)

Year 2000 Compliance. The Borrower has Each Obligor (i) has initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower such Obligor or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) has developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower each Obligor believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Tultex Corp), Tultex Corp, Tultex Corp

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its the business and operations of the Borrower and each of its Consolidated Entities' business and operations Subsidiaries (including those areas affected by suppliers, suppliers and vendors, and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower it or any of its Consolidated Entities Subsidiaries (or suppliers, vendors their respective suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, basis and (iii) to date, implemented that such plan in accordance with that such timetable. Based on the foregoing, the The Borrower reasonably believes that all computer applications (including those of its suppliers, vendors suppliers and customersvendors) that are material to its the business or operations of the Borrower or any of its Consolidated Entities' business and operations are reasonably expected Subsidiaries will on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and from and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Marsh & McLennan Companies Inc), Assignment and Assumption Agreement (Marsh & McLennan Companies Inc)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by ----------------- the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper date-properly date- sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not ------------------- reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Snyder Communications Inc), Credit Agreement (Navigant International Inc)

Year 2000 Compliance. The Borrower and each Significant Subsidiary has (ia) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSignificant Subsidiaries' business and operations (including those affected by suppliers, mission critical suppliers and vendors, and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities (or suppliers, vendors and customers) Significant Subsidiaries may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), ) and (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to dateand, implemented as of the date of this Agreement, is implementing that plan in accordance with that timetable. Based on the foregoing, the The Borrower and each Significant Subsidiary reasonably believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSignificant Subsidiaries' business and operations are reasonably expected will on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Avista Corp), Revolving Credit Agreement (Avista Corp)

Year 2000 Compliance. The Each of Borrower and its Restricted -------------------- Subsidiaries has (i) initiated a review and assessment of all areas within its and each of its Consolidated Entities' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities such Person (or its suppliers, vendors and customers) may be unable to recognize and perform properly date-date- sensitive functions involving certain dates prior to to, on and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that the timetable. Based on the foregoing, the each of Borrower and its Restricted Subsidiaries believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated Entities' and their business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Unwired Telecom Corp), Credit Agreement (Us Unwired Inc)

Year 2000 Compliance. (i) The Borrower Transferor has (ix) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower Transferor or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (iiy) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iiiz) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower Transferor believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the that extent that a failure to do so could not reasonably be expected (A) to have a Material Adverse EffectEffect or (B) to result in a Termination Event.

Appears in 2 contracts

Samples: Transfer and Administration Agreement (Metris Companies Inc), Transfer and Administration Agreement (Metris Direct Inc)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year YEAR 2000 compliantCOMPLIANT"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Bridge Loan Agreement (Key Energy Group Inc), Term Loan Agreement (Flashnet Communications Inc)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by ----------------- the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customerscustomers (other than any Governmental Authority or any Lender)) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to ------------------- the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Triad Hospitals Inc)

Year 2000 Compliance. The Except to the extent that the failure to do any of the following could not reasonably be expected to be a Material Adverse Event, Borrower has (ia) initiated a review and assessment of all areas within its and each of its Consolidated Entities' Company's business and operations (including those affected by suppliers, suppliers and vendors, and customers) that could be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Company (or suppliers, vendors its suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iiic) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower reasonably believes that all computer applications (including those of its suppliers, vendors suppliers and customersvendors) that are material to its or any of its Consolidated Entities' each Company's business and operations are reasonably expected will on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year YEAR 2000 compliantCOMPLIANT"), except to the extent that a failure to do so could not reasonably be expected to have be a Material Adverse EffectEvent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Protection One Alarm Monitoring Inc)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including including, without limitation, those affected by service suppliers, vendors, key vendors and significant customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or service suppliers, key vendors and significant customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan substantially in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including including, without limitation, those of its service suppliers, key vendors and significant customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year Yea 2000 compliantready"), except to the extent that a failure to do so could would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Amendment Agreement (Reliant Energy Resources Corp)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business businesses and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower reasonably believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business businesses and operations are reasonably expected on a timely basis by September 30, 1999 to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Materially Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Lenfest Communications Inc)

Year 2000 Compliance. The Borrower Lessee has (i) initiated a review and assessment of all areas within its and each of its Consolidated Entities' Subsidiaries business and operations (including those affected by suppliers, vendors, vendors and customers) that could reasonably be adversely expected to be affected in any material respect by the "Year AYear 2000 Problem" Problem (that is, the risk that computer applications used by the Borrower Company or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-date- sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline time line for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan substantially in accordance with that timetable. Based on the foregoing, the Borrower Lessee reasonably believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated Entities' Subsidiaries business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"Compliant), except to the extent that a failure any failures to do so singly or in the aggregate could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Participation Agreement (Consolidated Freightways Corp)

Year 2000 Compliance. The Borrower Company has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline time line for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower Company believes that all computer hardware and software applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (American Greetings Corp)

Year 2000 Compliance. The Borrower Company has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could reasonably be adversely affected expected to affect in any material respect by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower Company or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline time line for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan substantially in accordance with that timetable. Based on the foregoing, the Borrower Company reasonably believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure any failures to do so singly or in the aggregate could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Xtra Corp /De/)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all material areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by key suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer ----------------- applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or key suppliers, vendors and customers) may be unable to recognize and perform properly date-date- sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its key suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a ------------------- failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Friedmans Inc)

Year 2000 Compliance. The Borrower has (ia) initiated a review and assessment of all material areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) customers that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, basis and (iiic) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Promedco Management Co)

Year 2000 Compliance. The Borrower has (ia) initiated a review and assessment and--------------------assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iiic) to date, implemented that plan substantially in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Metrotrans Corp)

Year 2000 Compliance. The Borrower has (ia) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iiic) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Supreme International Corp)

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Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, principal suppliers or vendors, and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customersprincipal suppliers or vendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the "Year 2000 Problem Problem" on a timely basis, basis and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customersprincipal suppliers or vendors) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Watson Wyatt & Co)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Bridge Loan Agreement (Pca International Inc)

Year 2000 Compliance. The Borrower has (i) has initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business businesses and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed is developing a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented will implement that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business businesses and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Materially Adverse Effect.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Rural Cellular Corp)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or material suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline time line for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer hardware and software applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Saks Inc)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the ----------------- Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), ------------------- except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Just for Feet Inc)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, is the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors suppliers and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, substantially implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Blanch E W Holdings Inc)

Year 2000 Compliance. The Borrower has has: (ia) initiated a review and -------------------- assessment of all areas within its and each of its Consolidated Entities' business and operations (including those affected by suppliers, vendors, vendors and customers, except to the extent that a failure to do so could not reasonably be expected to constitute a Material Adverse Event) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities (or suppliers, vendors and or customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to to, and any date after after, December 31, 1999), ; (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, ; and (iiic) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated Entities' Borrower's business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not reasonably be expected to have constitute a Material Adverse EffectEvent.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

Year 2000 Compliance. The Borrower has Borrowers have (ia) initiated a review and assessment of all areas within its their and each of its Consolidated Entitiestheir Subsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower Borrowers or any of its Consolidated Entities their Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iiic) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the each Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates on, before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Galileo Corp)

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all material areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by key suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer ----------------- applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or key suppliers, vendors and customers) may be unable to recognize and perform properly date-date- sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its key suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do ------------------- so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Friedmans Inc)

Year 2000 Compliance. The Borrower Each Credit Party has (i) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower such Credit Party or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that the timetable. Based on the foregoing, the Borrower each Credit Party believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or and any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Pca International Inc)

Year 2000 Compliance. The Borrower has (ia) initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business businesses and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iiic) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "'Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effectmaterial adverse effect.

Appears in 1 contract

Samples: Financing and Security Agreement (Sensys Technologies Inc)

Year 2000 Compliance. The Borrower has Each Obligor (i) has initiated a review and assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, vendors, vendors and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower such Obligor or any of its Consolidated Entities Subsidiaries (or suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) has developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower each Obligor believes that all computer applications (including those of its suppliers, vendors and customers) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected on a timely basis to be able to perform proper properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect2000.

Appears in 1 contract

Samples: Master Collateral and Security Agreement (Tultex Corp)

Year 2000 Compliance. The Borrower has (ia) initiated a review and -------------------- assessment of all areas within its and each of its Consolidated EntitiesSubsidiaries' business and operations (including those affected by suppliers, its suppliers and vendors, and customers) that could be adversely affected by the "Year 2000 Problem" (that is, the risk that computer applications used by the Borrower or any of its Consolidated Entities Subsidiaries (or suppliers, vendors its suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (iib) developed a plan and timeline for addressing the Year 2000 Problem on a timely basis, and (iiic) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the The Borrower reasonably believes that all computer applications (including including, based on representations from its suppliers and vendors, those of its suppliers, vendors suppliers and customersvendors) that are material to its or any of its Consolidated EntitiesSubsidiaries' business and operations are reasonably expected will on a timely basis to be able to perform proper date-properly date- sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 compliantCompliant"), except to the extent that a failure to do so could not ------------------- reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Texas Industries Inc)

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