Common use of No Adverse Change or Event Clause in Contracts

No Adverse Change or Event. Since December 31, 1998, no change in the business, assets, liabilities, financial condition, results of operations or business prospects of the Parent or any Borrower has occurred, and no event has occurred or failed to occur, that has had or reasonably could be expected to have, either alone or in conjunction with all other such changes, events and failures, a Materially Adverse Effect on (i) the Parent and the Borrowers, taken as a whole, or (ii) this Agreement or any other Loan Document. In determining whether an adverse change has occurred, it is understood that such an adverse change may have occurred, and such an event may have occurred or failed to occur, at any particular time notwithstanding the fact that at such time no Default shall have occurred and be continuing. If a fact or circumstance disclosed in the financial statements referred to in Section 6.2(a) or a Disclosure Statement, or if an action, suit or proceeding disclosed in Schedule 4.3, should in the future have, or appear reasonably likely to have, a Materially Adverse Effect upon the Parent and the Borrowers, taken as a whole, or upon this Agreement, or any other Loan Document, such Materially Adverse Effect shall be a change or event subject to Section 4.5 notwithstanding such disclosure.

Appears in 1 contract

Sources: Credit Agreement (Covenant Transport Inc)

No Adverse Change or Event. Since December 31September 30, 19981997, no change in the business, assets, liabilities, financial condition, results of operations or business prospects of the Parent Borrower or any Borrower Subsidiary has occurred, and no event has occurred or failed to occur, that has had or reasonably could be expected to have, either alone or in conjunction with all other such changes, events and failures, a Materially Adverse Effect on (i) the Parent Borrower and the Borrowersits Subsidiaries, taken as a whole, or (ii) the Security Interest, this Agreement or any other Loan Document. In determining whether an adverse change has occurred, it is understood that such an adverse change may have occurred, and such an event may have occurred or failed to occur, at any particular time notwithstanding the fact that at such time no Default shall have occurred and be continuing. If a fact or circumstance disclosed in the financial statements referred to in Section 6.2(a) or a Disclosure Statement, or if an action, suit or proceeding disclosed in Schedule 4.3, should in the future have, or appear reasonably likely to have, a Materially Adverse Effect upon the Parent Borrower and the BorrowersSubsidiaries, taken as a whole, or upon this Agreement, the Security Interest or any other Loan Document, such Materially Adverse Effect shall be a change or event subject to Section 4.5 notwithstanding such disclosure.

Appears in 1 contract

Sources: Credit Agreement (King Pharmaceuticals Inc)