Existing Violations. Intermediate Holdings and its Subsidiaries are not (i) in violation of their certificates of incorporation or by- laws or (ii) in default in the performance of any obligation, agreement or condition contained in any bond, debenture, note or any other evidence of indebtedness or in any indenture, mortgage, deed of trust or any other agreement or instrument to which any of them is a party other than such defaults that could not, singly or in the aggregate, reasonably be expected to result in a Material Adverse Effect. There exists no condition that, with the passage of time or otherwise, would constitute a violation of their certificates of incorporation or by-laws or a default under any such document or instrument or result in the imposition of any penalty or the acceleration of any indebtedness or other obligation other than such defaults that would not, singly or in the aggregate, result in a Material Adverse Effect.
Appears in 2 contracts
Sources: Note Purchase Agreement (Ddi Corp), Note Purchase Agreement (Ddi Corp)