No Default; Event of Default. No Default or Event of Default shall have occurred and be continuing on the Amendment Effective Date or result from this Amendment becoming effective in accordance with its terms.
No Default; Event of Default. No Default or Event of Default exists as of the date hereof or will result from the making of the Loan;
No Default; Event of Default. [Except as expressly set forth in attached SCHEDULE 2,] no Default or Event of Default exists as of the date hereof or existed at any time during the Reporting Period. [SCHEDULE 2 sets forth a true, correct and complete description of the nature and period of existence of each Default or Event of Default that exists as of the date hereof or existed at any time during the Reporting Periods and the actions that the Company, the REIT, or their respective Subsidiaries have taken, are taking and propose to take with respect thereto].
No Default; Event of Default. Other than the Specified Defaults, no Default or Event of Default shall have occurred and be continuing on the Effective Date or result from this Agreement becoming effective in accordance with its terms.
No Default; Event of Default. After giving effect to the Amendment No. 4 Waiver, no Default or Event of Default shall have occurred and be continuing on the Amendment No. 4 Effective Date or result from this Amendment becoming effective in accordance with its terms.
No Default; Event of Default. After giving effect to this Sixth Amendment and the transactions contemplated hereby, no Default or Event of Default shall have occurred and be continuing on the Sixth Amendment Effective Date or result from this Sixth Amendment becoming effective in accordance with its terms.
No Default; Event of Default. After giving effect to this Consent, no Default or Event of Default shall have occurred and be continuing on the Consent Effective Date or result from this Consent becoming effective in accordance with its terms.
No Default; Event of Default. None of the Borrower or any ---------------------------- other Loan Party is in default under any System Contract or Loan Document as of the Closing Date. As of any date representations and warranties are made or deemed made under this Agreement subsequent to the Closing Date, (a) none of the Borrower or any other Loan Party is in default under any System Contract which could reasonably be expected to have a Material Adverse Effect and (b) no Default, Event of Default or Designated Event has occurred and is continuing.
No Default; Event of Default. After giving effect to this Third Amendment and the transactions contemplated hereby, no Default or Event of Default shall have occurred and be continuing on the Third Amendment Effective Date or result from this Third Amendment becoming effective in accordance with its terms.
No Default; Event of Default. No Default or Event of Default shall have occurred and be continuing on the First Amendment Effective Date or result from this Amendment becoming effective in accordance with its xxxxx.Xxxxxxxx of Documents. The Collateral (d) Agent shall have received on or before the First Amendment Effective Date the following, each in form and substance satisfactory to the Collateral Agent and, unless indicated otherwise, dated the First Amendment Effective Date: (i)this Amendment, duly executed by the Loan Parties, each Agent and each Lender; (ii)the Fee Letter (as amended and restated on the First Amendment Effective Date), duly executed by the Borrowers and the Agents; (iii)the Amendment to Shareholder Letter, duly executed by the Collateral Agent, the Administrative Borrower and DigiPac; (iv)the Side Letter (as amended and restated on the First Amendment Effective Date), duly executed by the Collateral Agent and the Administrative Borrower; (v)the CBG Warrants and the CBG Registration Rights Agreement (and related subscription agreement, officer’s certificate and voting agreement), in each case, duly executed by the Parent; (vi)[reserved]; - 25 - (vii)a Notice of Borrowing, duly executed by the Administrative Borrower; (viii)the First Amendment Disbursement Agreement, duly executed by each Loan Party, the Agents and the Lenders; (ix)a copy of the resolutions of each Loan Party, certified as of the First Amendment Effective Date by an Authorized Officer thereof, authorizing (A) the additional borrowings hereunder and the transactions contemplated by this Amendment and the other Loan Documents to which such Loan Party is or will be a party, and (B) the execution, delivery and performance by such Loan Party of this Amendment and each other Loan Document to which such Loan Party is or will be a party and the execution and delivery of the other documents to be delivered by such Person in connection herewith and therewith; (x)a certificate of an Authorized Officer of each Loan Party, certifying the names and true signatures of the representatives of such Loan Party authorized to sign this Amendment and each other Loan Document to which such Loan Party is or will be a party and the other documents to be executed and delivered by such Loan Party in connection herewith and therewith, together with evidence of the incumbency of such Authorized Officers; (xi)a certificate of the appropriate official(s) of the jurisdiction of organization and each jurisdiction of foreign quali...
