Common use of No Breach Clause in Contracts

No Breach. Neither (a) the execution and delivery of the Program Documents, nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will result in a breach of the charter or by-laws (or equivalent documents) of Seller, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to Seller, or result in a breach of other material agreement or instrument to which Seller, or any of its Subsidiaries, is a party or by which any of them or any of their property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien upon any property of Seller or any of its Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 11 contracts

Samples: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)

AutoNDA by SimpleDocs

No Breach. Neither (a) the execution and delivery of the Program Documents, nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of Seller, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other material agreement or instrument to which Seller, or any of its Subsidiaries, is a party or by which any of them or any of their property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien upon any property of Seller or any of its Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 5 contracts

Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Sirva Inc)

No Breach. Neither (a) the execution and delivery of the Program Documents, nor Loan Documents or (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of Sellerthe either Borrower, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other material agreement or instrument to which Sellersuch Borrower, or any of its Subsidiaries, is a party or by which any of them or any of their property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Warehouse Agreement) result in the creation or imposition of any Lien upon any property of Seller either Borrower or any of its Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 5 contracts

Samples: Loan and Security Agreement (Aames Financial Corp/De), Loan and Security Agreement (Aames Investment Corp), Loan and Security Agreement (Aames Financial Corp/De)

No Breach. Neither (a) None of the execution and delivery of this Agreement and the Program Notes and the other Basic Documents, nor (b) the consummation of the transactions herein and therein contemplated in or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of of, or require any consent under, the charter or by-laws (or equivalent documents) of Sellerany Obligor, or violate any applicable law, rule law or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to Sellercourt or governmental authority or agency, or result in a breach of other any material agreement or instrument to which Seller, the Company or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreementthe Security Documents) result in the creation or imposition of any Lien upon any property Property of Seller the Company or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 5 contracts

Samples: Credit Agreement (Suiza Foods Corp), Credit Agreement (Suiza Foods Corp), Credit Agreement (Suiza Foods Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, Repurchase Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of the Seller, or violate any applicable lawlaw (including, without limitation, Prescribed Laws), rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, the Seller or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or result in the creation or imposition of any Lien (except for the Liens created pursuant to this Repurchase Agreement) result in the creation or imposition of any Lien upon any property Property of the Seller or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 4 contracts

Samples: Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.)

No Breach. Neither (a) the execution and delivery of the Program Documents, Facility Documents nor (b) the consummation of the transactions therein contemplated to be entered into by Seller in compliance with the terms and provisions thereof will conflict with or result in (i) a breach of the charter or by-laws (or equivalent documents) organizational documents of Seller, or violate (ii) a breach of any applicable law, rule or regulation, or violate (iii) a breach of any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in (iv) a breach of other material agreement or instrument to which Seller, Seller or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute (v) a default under any such material agreement or instrument, or (vi) the creation or imposition of any Lien (except for the Liens created pursuant to this Agreementthe Facility Documents) result in the creation or imposition of any Lien upon any property Property of Seller or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 4 contracts

Samples: Master Repurchase Agreement (Finance of America Companies Inc.), Master Repurchase Agreement (Finance of America Companies Inc.), Master Repurchase Agreement (Finance of America Companies Inc.)

No Breach. Neither (a) the execution and delivery of the Program Documents, Facility Documents nor (b) the consummation of the transactions therein contemplated to be entered into by Borrowers in compliance with the terms and provisions thereof will conflict with or result in (i) a breach of the charter or by-laws (or equivalent documents) Governing Documents of Sellerany Borrower, or violate (ii) a breach of any applicable law, rule or regulation, or violate (iii) a breach of any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in (iv) a breach of other material agreement or instrument to which Seller, or any of its Subsidiaries, a Borrower is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute (v) a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreementvi) result in the creation or imposition of any Lien (except for the Permitted Liens) upon any property Property of Seller or any of its Subsidiaries, a Borrower pursuant to the terms of any such agreement or instrument.

Appears in 3 contracts

Samples: Loan and Security Agreement (Front Yard Residential Corp), Loan and Security Agreement (Altisource Residential Corp), Loan and Security Agreement (Altisource Residential Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, Repurchase Documents nor (b) the consummation of the transactions therein contemplated to be entered into by Seller, in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter organizational documents of any Seller Entity or by-laws (or equivalent documents) of Seller, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, any Seller Entity or any of its Subsidiaries, respective Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to the Repurchase Documents) upon any property Property of any Seller Entity or any of its Subsidiaries, respective Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 2 contracts

Samples: Master Repurchase Agreement (American Home Mortgage Investment Corp), Master Repurchase Agreement (American Home Mortgage Investment Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, Loan Documents nor (b) the consummation of the transactions therein contemplated to be entered into by the Borrowers in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter organizational documents of the Borrowers or by-laws (or equivalent documents) any of Sellertheir Subsidiaries, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other any material agreement or instrument to which Seller, or any of its Subsidiaries, is the Borrowers are a party or by which any either of them or any either of their property assets or properties is bound or to which any either of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to the Loan Documents) upon any property assets or properties of Seller the Borrowers or any of its Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Capital Lease Funding Inc), Revolving Loan Agreement (Capital Lease Funding Inc)

No Breach. Neither (a) the execution and delivery of the Program Documents, Loan Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of Sellerany Borrower, or violate any applicable lawlaw (including, without limitation, the Prescribed Laws), rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, any Borrower or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) result in the creation or imposition upon any Property of any Lien upon any property of Seller Borrower or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Aames Investment Corp), Master Loan and Security Agreement (Aames Financial Corp/De)

No Breach. Neither (a) the execution and delivery of the Program Documents, Repurchase Documents nor (b) the consummation of the transactions therein contemplated to be entered into by Seller in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) organizational documents of Seller, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, Seller or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to the Repurchase Documents) upon any property Property of Seller Seller, or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 2 contracts

Samples: Master Repurchase Agreement (WMC Finance Co), Master Repurchase Agreement (ECC Capital CORP)

No Breach. Neither (a) None of the execution and delivery of this Agreement and the Program Notes and the other Basic Documents, nor (b) the consummation of the transactions herein and therein contemplated in or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of of, or require any consent under, the charter or by-laws (or equivalent documents) of Sellerany Obligor, or violate any applicable law, rule law or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to Sellercourt or governmental authority or agency, or result in a breach of other material any agreement or instrument to which Seller, the Borrower or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreementthe Security Documents) result in the creation or imposition of any Lien upon any property Property of Seller the Borrower or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 2 contracts

Samples: Credit Agreement (International Telecommunication Data Systems Inc), Credit Agreement (International Telecommunication Data Systems Inc)

No Breach. Neither (a) None of the execution and delivery of this Agreement --------- and any Notes and the Program other Loan Documents, nor (b) the consummation of the transactions herein and therein contemplated in or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of of, or require any consent under, the charter or by-laws (or equivalent documents) of Sellerany Obligor, or violate any applicable law, rule law or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to Sellercourt or governmental authority or agency, or result in a breach of other material any agreement or instrument to which Seller, the Company or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreementthe Security Documents) result in the creation or imposition of any Lien upon any property Property of Seller the Company or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 2 contracts

Samples: Credit Agreement (Advanstar Inc), Advanstar Holdings Inc

No Breach. Neither (a) the execution and delivery of the Program Documents, nor Loan Documents or (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (of the Borrower or equivalent documents) of Sellereither Guarantor, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other material agreement or instrument to which Sellerthe Borrower or either Guarantor, or any of its Subsidiaries, is a party or by which any of them or any of their property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Loan Agreement) result in the creation or imposition of any Lien upon any property of Seller the Borrower or either Guarantor or any of its Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Fleetwood Enterprises Inc/De/)

No Breach. Neither (a) the execution and delivery of this Agreement or any of the Program Documents, other the Loan Documents nor (b) the consummation of the transactions herein and therein contemplated in compliance with the terms and provisions thereof hereof and thereof, will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of the Seller, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of instrument, indenture or other material agreement or instrument to which Seller, the Seller or any of its Subsidiaries, is a party or by which any of them or any of their property is bound or to which any of them or their property is subject, or constitute a default under any such instrument, indenture or other material agreement or instrumentagreement, or (except for the Liens created pursuant to this the Loan Agreement) result in the creation or imposition of any Lien upon any property of the Seller or any of its Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Asset Purchase Agreement (American Business Financial Services Inc /De/)

No Breach. Neither (a) the execution and delivery of the Program Documents, nor Loan Documents or (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of Sellerthe Borrower, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other instrument, indenture, or other material agreement or instrument agreement, to which Sellerthe Borrower, a Related Party or any of its their respective Subsidiaries, is a party or by which any of them or any of their property is bound or to which any of them or their property is subject, or constitute a default under any such instrument, indenture, or other material agreement or instrument, or (except for the Liens created pursuant to this Loan Agreement) result in the creation or imposition of any Lien upon any property of Seller the Borrower, a Related Party or any of its their respective Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Administration Agreement (American Business Financial Services Inc /De/)

No Breach. Neither (a) the execution and delivery of the Program Documents, Repurchase Documents nor (b) the consummation of the transactions therein contemplated to be entered into by the Sellers in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of Sellerthe Sellers, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other material agreement or instrument to which Seller, the Sellers or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to the Repurchase Documents) upon any property Property of Seller the Sellers, or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)

No Breach. Neither (a) the execution and delivery of the Program Documents, Facility Documents nor (b) the consummation of the transactions therein contemplated to be entered into by Seller Parties in compliance with the terms and provisions thereof will conflict with or result in (i) a breach of the charter or by-laws organizational documents of Seller Parties, (or equivalent documentsii) a breach of Seller, or violate any applicable law, rule or regulation, or violate (iii) a breach of any order, writ, injunction or decree of any Governmental Authority applicable to SellerSeller Parties, or result in (iv) a breach of other material agreement or instrument to which Seller, a Seller Party or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute (v) a default under any such material agreement or instrument, or (vi) the creation or imposition of any Lien (except for the Liens created pursuant to this Agreementthe Facility Documents) result in the creation or imposition upon any Property of any Lien upon any property of Seller Party or any of its Subsidiaries, their Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (Finance of America Companies Inc.)

No Breach. Neither (a) the execution and delivery of the Program Documents, Repurchase Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of any Seller, or violate any applicable lawlaw (including, without limitation, Prescribed Laws), rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, any Seller or any of its Subsidiaries, Affiliates is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or result in the creation or imposition of any Lien (except for the Liens created pursuant to this Repurchase Agreement) result in the creation or imposition upon any Property of any Lien upon any property of Seller or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (New Century Financial Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, Repurchase Documents nor (b) the consummation of the transactions Transactions therein contemplated to be entered into by the Seller, in compliance with the terms and provisions thereof thereof, will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of the Seller, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other material agreement or instrument to which Seller, the Seller or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to the Repurchase Documents) upon any property Property of the Seller or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (Ryland Group Inc)

No Breach. Neither (a) the execution and delivery of the Program Documents, Transaction Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter articles of incorporation or by-laws (or equivalent documents) of Seller, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, Seller or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or result in the creation or imposition of any Lien (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien upon any property Property of Seller or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (Capital Trust Inc)

No Breach. Neither (a) None of the execution and delivery of this Agreement and the Program Notes and the other Basic Documents, nor (b) the consummation of the transactions herein and therein Credit Agreement 49 55 contemplated in or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of of, or require any consent under, the charter or by-laws (or equivalent documents) of Sellerany Obligor, or violate any applicable law, rule law or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to Sellercourt or governmental authority or agency, or result in a breach of other any material agreement or instrument to which Seller, the Company or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreementthe Security Documents) result in the creation or imposition of any Lien upon any property Property of Seller the Company or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Credit Agreement (Suiza Foods Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, applicable Loan Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of Sellerany Loan Party, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, any Loan Party or any of its Subsidiaries, their Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument which breach or conflict will have a Material Adverse Effect or result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) result in the creation or imposition upon any Property of any Lien upon any property of Seller Loan Party, or any of its Subsidiaries, their Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Advanta Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, Loan Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter certificate of incorporation or by-laws (or equivalent documents) bylaws of Sellerthe Borrower, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other material agreement or instrument to which Sellerthe Borrower, or any of its REO Subsidiaries, is a party or by which any of them or any of their property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Loan Agreement) result in the creation or imposition of any Lien upon any property of Seller the Borrower or any of its REO Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Loan and Security Agreement (New Century Financial Corp)

No Breach. Neither (a) the execution and delivery of this Agreement or any of the Program Documents, other the Loan Documents nor (b) the consummation of the transactions herein and therein contemplated in compliance with the terms and provisions thereof hereof and thereof, will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of the Seller, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any other instrument, indenture or other material agreement or instrument to which Seller, the Seller or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property is bound or to which any of them or their property is subject, or constitute a default under any such instrument, indenture or other material agreement or instrumentagreement, or (except for the Liens created pursuant to this the Loan Agreement) result in the creation or imposition of any Lien upon any property of the Seller or any of its Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Asset Purchase Agreement (American Business Financial Services Inc /De/)

AutoNDA by SimpleDocs

No Breach. Neither (a) the execution and delivery of the Program Documents, nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (of Seller or equivalent documents) of SellerGuarantor, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other material agreement or instrument to which Seller, Seller or Guarantor or any of its Subsidiaries, their Subsidiaries is a party or by which any of them or any of their property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien upon any property of Seller Seller, Guarantor or any of its their Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (ZAIS Financial Corp.)

No Breach. Neither (a) the execution and delivery of the Program Documents, Loan Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter articles of incorporation or by-laws (of CT or equivalent documents) the articles of Sellerorganization or operating agreement of Fund I, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, either Borrower or any of its Subsidiaries, their respective Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) result in the creation or imposition of any Lien upon any property Property of Seller either Borrower or any of its Subsidiaries, respective Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Capital Trust Inc)

No Breach. Neither (a) None of the execution and delivery of this Agreement and the Program Notes and the other Basic Documents, nor (b) the consummation of the transactions herein and therein contemplated in or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of of, or require any consent under, the charter or by-laws (or equivalent documents) of Sellerany Obligor, or violate any applicable law, rule law or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to Sellercourt or governmental authority or agency, or result in a breach of other material any agreement or instrument to which Seller, the Company or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreementthe Security Documents) result in the creation or imposition of any Lien upon any property Property of Seller the Company or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument. None of the Obligors is in breach of any agreement, instrument, contract or mortgage to which the Company or any of its subsidiaries is a party or by which any of them or any of their Property is bound or to which any of them is subject.

Appears in 1 contract

Samples: Security Agreement (Agency Com LTD)

No Breach. Neither (a) the execution and delivery of the Program Documents, Repurchase Documents nor (b) the consummation of the transactions therein contemplated to be entered into by the Seller, in compliance with the terms and provisions thereof thereof, will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of the Seller, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other material agreement or instrument to which Seller, the Seller or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to the Repurchase Documents) upon any property Property of the Seller or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (Fieldstone Investment Corp)

No Breach. Neither (a) None of the execution and delivery of this Agreement and the Program other Basic Documents, nor (b) the consummation of the transactions herein and therein contemplated in or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of of, or require any consent under the charter charter, partnership agreement or by-laws (or equivalent documents) of Sellerany Obligor, or violate any applicable law, rule law or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to Sellercourt or governmental authority or agency, or result in a breach of other any material agreement or instrument to which Seller, the Borrower or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreementthe Security Documents) result in the creation or imposition of any Lien upon any property Property of Seller the Borrower or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Credit Agreement (Panavision Inc)

No Breach. Neither (a) the execution and delivery of the Program Documents, Repurchase Documents nor (b) the consummation of the transactions therein contemplated to be entered into by Seller, in compliance with the terms and provisions thereof thereof, will conflict with or result in a breach of the charter organizational documents of any Seller Entity or by-laws (or equivalent documents) of Seller, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, any Seller Entity or any of its Subsidiaries, respective Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to the Repurchase Documents) upon any property Property of any Seller Entity or any of its Subsidiaries, respective Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (American Home Mortgage Investment Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, Repurchase Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of any Seller, or violate any applicable lawlaw (including, without limitation, the Prescribed Laws), rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, any Seller or any of its Subsidiaries, their Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or result in the creation or imposition of any Lien (except for the Liens created pursuant to this Repurchase Agreement) result in the creation or imposition upon any Property of any Lien upon any property of Seller or any of its Subsidiaries, their Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (American Home Mortgage Investment Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, Facility Documents nor (b) the consummation of the transactions therein contemplated to be entered into by Seller or Guarantor in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter organizational documents of Seller or by-laws (or equivalent documents) of SellerGuarantor, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other material agreement or instrument to which Seller, Guarantor or any of its Subsidiaries, their respective Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or (except for the Liens created pursuant to this Agreement) result in the creation or imposition of any Lien (except for the Liens created pursuant to the Facility Documents) upon any property Property of Seller Seller, Guarantor or any of its Subsidiaries, their respective Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.)

No Breach. Neither (a) None of the execution and delivery of this Agreement and the Program Notes and the other Basic Documents, nor (b) the consummation of the transactions herein and therein contemplated in or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of Sellerof, or violate require any consent under, the organizational documents of any Obligor, or any applicable law, rule law or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to Sellercourt or governmental authority or agency, or result in a breach of other material any agreement or instrument to which Seller, any of the Obligors or any of its Subsidiaries, their Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreementthe Security Documents) result in the creation or imposition of any Lien upon any property Property of Seller any of the Obligor or any of its Subsidiaries, their respective Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Credit Agreement (Asm International N V)

No Breach. Neither (a) None of the execution and delivery of this Agreement and the Program Notes and the other Basic Documents, nor (b) the consummation of the transactions herein and therein contemplated in or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of of, or require any consent under, the charter or by-laws (or equivalent documents) of Sellerany Obligor, or violate any applicable law, rule law or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to Sellercourt or governmental authority or agency, or result in a breach of other material any agreement or instrument to which Seller, the Company or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreementthe Security Documents) result in the creation or imposition of any Lien upon any property material Property of Seller the Company or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Credit Agreement (Barnes & Noble Inc)

No Breach. Neither (a) None of the execution and delivery of this Agreement and the Program Notes and the other Loan Documents, nor (b) the consummation of the transactions herein and therein contemplated in or compliance with the terms and provisions hereof and thereof will conflict with or result in a breach of of, or require any consent under, the charter or by-laws (or equivalent documents) of Sellerthe Company, or violate any applicable law, rule law or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to Sellercourt or governmental authority or agency, or result in a breach of other material any agreement or instrument to which Seller, the Company or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Agreementthe Pledge Documents) result in the creation or imposition of any Lien upon any property Credit Agreement 49 - 45 - Property of Seller the Company or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Credit Agreement (Fidelity National Financial Inc /De/)

No Breach. Neither (a) the execution and delivery of the Program Documents, Repurchase Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of any Seller, or violate any applicable lawlaw (including, without limitation, the Prescribed Laws), rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, any Seller or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or result in the creation or imposition of any Lien (except for the Liens created pursuant to this Repurchase Agreement) result in the creation or imposition upon any Property of any Lien upon any property of Seller or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Repurchase Agreement (Aames Investment Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, nor Loan --------- Documents or (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (of the Borrower or equivalent documents) of Sellerthe Guarantors, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of other material agreement or instrument to which Sellerthe Borrower or the Guarantors, or any of its their Subsidiaries, is a party or by which any of them or any of their property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, or (except for the Liens created pursuant to this Loan Agreement) result in the creation or imposition of any Lien upon any property of Seller the Borrower or the Guarantors or any of its their Subsidiaries, pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: And Security Agreement (New Century Financial Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, Loan Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of Sellerany Borrower, or violate any applicable lawlaw (including, without limitation, the Prescribed Laws), rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, any Borrower or any of its Subsidiaries, their Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument or result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) result in the creation or imposition upon any Property of any Lien upon any property of Seller Borrower or any of its Subsidiaries, their Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Loan and Security Agreement (American Home Mortgage Investment Corp)

No Breach. Neither (a) the execution and delivery of the Program Documents, Loan Documents nor (b) the consummation of the transactions therein contemplated in compliance with the terms and provisions thereof will conflict with or result in a breach of the charter or by-laws (or equivalent documents) of Sellerany Borrower, or violate any applicable law, rule or regulation, or violate any order, writ, injunction or decree of any Governmental Authority applicable to SellerAuthority, or result in a breach of any Servicing Agreement or other material agreement or instrument to which Seller, any Borrower or any of its Subsidiaries, Subsidiaries is a party or by which any of them or any of their property Property is bound or to which any of them or their property is subject, or constitute a default under any such material agreement or instrument, instrument which breach or conflict will have a Material Adverse Effect or result in the creation or imposition of any Lien (except for the Liens created pursuant to this Loan Agreement) result in the creation or imposition of any Lien upon any property Property of Seller the Borrower or any of its Subsidiaries, Subsidiaries pursuant to the terms of any such agreement or instrument.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Advanta Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.