Common use of Conflicts; Defaults; Etc Clause in Contracts

Conflicts; Defaults; Etc. The execution, delivery and performance of this Agreement, its compliance with the terms hereof, and the consummation of the transactions specified herein will not (i) conflict with, violate, result in the breach of, constitute an event which would, or with the lapse of time or action by a third party or both would, result in a default under, or accelerate the performance required by, the terms of any material contract, instrument or agreement to which MWCC is a party or by which it is bound, or by which MWCC's assets are bound, except for conflicts, breaches and defaults which would not have a material and adverse effect upon MWCC; (ii) conflict with or violate the certificate of incorporation, by-laws or any other equivalent organizational document(s) of MWCC; (iii) violate any law or conflict with, or require any consent or approval under, any judgment, order, writ, decree, permit or license, to which MWCC is a party or by which it is bound or affected, except to the extent that such violation or the failure to obtain such consent or approval would not have a material and adverse effect upon MWCC; (iv) require the consent or approval of any other party to any contract, instrument or agreement to which MWCC is a party or by which it is bound other than the approvals of regulatory authorities which have been obtained.

Appears in 1 contract

Sources: MWCC Program Agreement (Montgomery Ward Holding Corp)

Conflicts; Defaults; Etc. The execution, delivery and performance of this AgreementAgreement by Bank, its compliance with the terms hereof, and the its consummation of the transactions specified herein will not not: (i) conflict with, violate, result in the breach of, constitute an event which would, or with the lapse of time or action by a third third-party or both would, result in a default under, or accelerate the performance required by, the terms of any material contract, instrument or agreement to which MWCC Bank is a party or by which it is bound, or by which MWCC's Bank assets are bound, except for conflicts, breaches and defaults which would not have a material and adverse effect upon MWCC; Performance Material Adverse Effect with respect to Bank; (ii) conflict with or violate the certificate articles of incorporation, incorporation or by-laws laws, or any other equivalent organizational document(s) documents, of MWCC; Bank; (iii) violate any law Applicable Law or conflict with, or require any consent or approval under, under any judgment, order, writ, decree, permit or license, to which MWCC Bank is a party or by which it is bound or affected, except to the extent that such violation or the failure to obtain such consent or approval would not have a material and adverse effect upon MWCC; Performance Material Adverse Effect with respect to Bank; (iv) require the consent or approval of any other party to any contract, instrument or agreement commitment to which MWCC Bank is a party or by which it is bound bound, except to the extent that the failure to obtain such consent or approval would not have a Performance Material Adverse Effect with respect to Bank; or (v) require any filing with, notice to, consent or approval of, or any other than action to be taken with respect to, any regulatory authority, except to the approvals of regulatory authorities which extent that the failure to obtain such consent or approval would not have been obtaineda Performance Material Adverse Effect with respect to Bank.

Appears in 1 contract

Sources: Program Management Agreement (H&r Block Inc)

Conflicts; Defaults; Etc. The execution, delivery and performance of this AgreementAgreement by Bank, its compliance with the terms hereof, and the consummation of the transactions specified herein will not (i) conflict with, violate, result in the breach of, constitute an event which would, or with the lapse of time or action by a third party or both would, result in a default under, or accelerate the performance required by, the terms of any material contract, instrument or agreement to which MWCC Bank is a party or by which it is bound, or by which MWCC's assets are bound, except for conflicts, breaches and defaults which would not have a material and adverse effect upon MWCCBank or Bank's ability to perform its obligations under this Agreement; (ii) conflict with or violate the certificate articles of incorporation, incorporation or by-laws laws, or any other equivalent organizational document(s) of MWCCBank; (iii) violate any law Applicable Law or conflict with, or require any consent or approval under, under any judgment, order, writ, decree, permit or license, to which MWCC Bank is a party or by which it is bound or affected, except to the extent that such violation or the failure to obtain such consent or approval would not have a material and adverse effect upon MWCCBank or Bank's ability to perform its obligations under this Agreement; (iv) require the consent or approval of any other party to any contract, instrument or agreement commitment to which MWCC Bank is a party or by which it is bound bound; or (v) require any filing with, notice to, consent or approval of, or any other action to be taken with respect to, any regulatory authority other than the approvals approval from the Federal Deposit Insurance Corporation and the Utah Department of regulatory authorities which have been obtained.Financial Institutions with respect to the transactions contemplated by this Agreement:

Appears in 1 contract

Sources: Private Label Credit Program Agreement (Blair Corp)