Common use of Burdensome Contracts Clause in Contracts

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an Obligor.

Appears in 18 contracts

Samples: Abl Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.), Loan, Security and Guarantee Agreement (National CineMedia, Inc.)

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Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any material Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an Obligor.

Appears in 6 contracts

Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp), Guaranty and Security Agreement (ArcLight Clean Transition Corp.), Guaranty and Security Agreement (Turtle Beach Corp)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement prohibits 9.1.16, none of which prohibit the execution, execution or delivery or performance of any Loan Document Documents by an ObligorObligor nor the performance by an Obligor of any obligations thereunder.

Appears in 4 contracts

Samples: Loan and Security Agreement (South Texas Supply Company, Inc.), Loan and Security Agreement (Hypercom Corp), Loan and Security Agreement (McJunkin Red Man Holding Corp)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any material Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement prohibits 9.1.16, none of which prohibit the execution, execution or delivery or performance of any Loan Document Documents by an ObligorObligor nor the performance by an Obligor of any obligations thereunder.

Appears in 3 contracts

Samples: Loan and Security Agreement (Bon Ton Stores Inc), Second Lien Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any material contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement prohibits 9.1.16, none of which prohibit the execution, execution or delivery or performance of any Loan Document Documents by an ObligorObligor nor the performance by an Obligor of any obligations thereunder.

Appears in 2 contracts

Samples: Credit Agreement (Covenant Transportation Group Inc), Credit Agreement (Covenant Transportation Group Inc)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Except as described on Schedule 9.1.16, no Obligor or Subsidiary is party or subject to any material Restrictive Agreement, except as shown Agreement on Schedule 9.1.15the Closing Date. No such material Restrictive Agreement to which any Obligor or Subsidiary is a party prohibits the execution, execution or delivery or performance of any Loan Document Documents by an ObligorObligor or the performance by an Obligor of any obligations thereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.156 and the agreement identified on Schedule 6 does not require any shareholder consent for the execution and delivery of, or performance under, the Loan Documents. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an Obligor.

Appears in 2 contracts

Samples: Loan and Security Agreement and Waiver (SWK Holdings Corp), Loan and Security Agreement (SWK Holdings Corp)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor Effect or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement that prohibits the execution, delivery or performance of any Loan Document by an Obligor.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hydrofarm Holdings Group, Inc.), Loan and Security Agreement (Hydrofarm Holdings Group, Inc.)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15Section 4.15 of the Disclosure Schedule. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Financing Document by an any Obligor.

Appears in 2 contracts

Samples: Note Purchase Agreement (Proterra Inc), Security Agreement (ArcLight Clean Transition Corp.)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could would reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement other than a Permitted Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement prohibits none of which prohibit the execution, execution or delivery or performance of any Loan Document Documents by an ObligorObligor nor the performance by an Obligor of any obligations thereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Boise Cascade Holdings, L.L.C.), Loan and Security Agreement (Boise Cascade Holdings, L.L.C.)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Except as described on Schedule 9.1.16, no Obligor or Subsidiary is party or subject to any material Restrictive Agreement, except as shown Agreement on Schedule 9.1.15the Fifth Amendment Closing Date. No such material Restrictive Agreement to which any Obligor or Subsidiary is a party prohibits the execution, execution or delivery or performance of any Loan Document Documents by an ObligorObligor or the performance by an Obligor of any obligations thereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Bon Ton Stores Inc)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Note Document by an Obligor.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Cross Country Healthcare Inc)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could would reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15permitted by Section 10.2.14. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an Obligor.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (AutoWeb, Inc.)

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Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.159.1.15 of the Disclosure Certificate. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an Obligor.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (Applied Optoelectronics, Inc.)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that restriction, the performance of which could reasonably be expected to have a Material Adverse Effect. No As of the Closing Date, no Borrower or other Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an any Borrower or other Obligor.

Appears in 1 contract

Samples: Loan and Security Agreement (Skechers Usa Inc)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15the breach or termination of which could reasonably be expected to have a Material Adverse Effect. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an Obligor.

Appears in 1 contract

Samples: Loan Agreement (Par Pacific Holdings, Inc.)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any material contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement prohibits permitted by Section 10.2.13, none of which prohibit the execution, execution or delivery or performance of any Loan Document Documents by an ObligorObligor nor the performance by an Obligor of any obligations thereunder.

Appears in 1 contract

Samples: Credit Agreement (Covenant Logistics Group, Inc.)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to or is otherwise affected by any Restrictive Agreement, except as shown on Schedule 9.1.159.1.15 to the Disclosure Letter. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an Obligor.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Infinera Corp)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.159.1.16. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an Obligor.

Appears in 1 contract

Samples: Loan and Security Agreement (Spherion Corp)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.15. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an ObligorObligor except to the extent a consent or other agreement satisfactory to Agent has been obtained.

Appears in 1 contract

Samples: Loan and Security Agreement (Installed Building Products, Inc.)

Burdensome Contracts. No Obligor or Subsidiary is a party or subject to any contract, agreement or charter restriction that could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is party or subject to any Restrictive Agreement, except as shown on Schedule 9.1.159.1.15 and customary restrictions set forth in the documents evidencing the Subsidiary Real Estate Debt. No such Restrictive Agreement prohibits the execution, delivery or performance of any Loan Document by an Obligor. 9.1.16.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Key Tronic Corp)

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