Common use of Parent Material Contracts Clause in Contracts

Parent Material Contracts. (a) Except for this Agreement, the Voting Agreement and the Parent Benefit Plans and except as set forth in the Parent SEC Documents, as of the date hereof, neither Parent nor any of its Subsidiaries is a party to or bound by any "material contract" (as such term is defined in item 601(b)(10) of Regulation S-K of the SEC) (all contracts of the type described in this Section 4.17 being referred to herein as "Parent Material Contracts "). (b) Neither Parent nor any Subsidiary of Parent is in breach of or default under the terms of any Parent Material Contract where such breach or default has had, or would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on Parent. To the knowledge of Parent, no other party to any Parent Material Contract is in breach of or default under the terms of any Parent Material Contract where such breach or default has had, or would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on Parent. Each Parent Material Contract is a valid and binding obligation of Parent or the Subsidiary of Parent which is party thereto and, to the knowledge of Parent, of each other party thereto, and is in full force and effect, except that (i) such enforcement may be subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar Laws, now or hereafter in effect, relating to creditors' rights generally and (ii) equitable remedies of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and to the discretion of the court before which any proceeding therefor may be brought.

Parent Material Contracts. (a) Except for this Agreement, Parent has filed with the Voting Agreement and the Parent Benefit Plans and except as set forth in the Parent SEC Documents, as of the date hereof, neither Parent nor any of its Subsidiaries is a party to or bound by any "each “material contract" ” (as such term is defined in item Item 601(b)(10) of Regulation S-K of the SEC) in effect as of the date of this Agreement and pursuant to which Parent or one of its Subsidiaries has any continuing obligations (all contracts of such Contracts, the type described in this Section 4.17 being referred to herein as "“Parent Material Contracts "Contracts”). . Each Parent Material Contract is valid and binding on Parent (b) Neither Parent nor any or, to the extent a Subsidiary of Parent is a party, such Subsidiary) and is in breach full force and effect, and Parent and each Subsidiary of or default Parent has in all material respects performed all obligations required to be performed by it to date under the terms of any each Parent Material Contract Contract, except where such breach or default has had, or would reasonably be expected to havenoncompliance, individually or in the aggregate, would not reasonably be expected to have a Parent Material Adverse Effect on Effect. Neither Parent nor any of its Subsidiaries has Knowledge of, or has received written notice of, any violation or default under (nor, to the Knowledge of Parent, does there exist any condition that with the passage of time or the giving of notice or both would result in such a violation or default under) any Parent Material Contract. To the knowledge Knowledge of Parent, no other party Third Party to any Parent Material Contract is in breach of or default under the terms of any Parent Material Contract where such breach or default has had, or would reasonably be expected to have, individually or in the aggregate, a Parent Material Adverse Effect on Parent. Each Parent Material Contract is a valid and binding obligation of Parent or the Subsidiary of Parent which is party thereto and, to the knowledge of Parent, of each other party thereto, and is in full force and effect, except that (i) such enforcement may be subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar Laws, now or hereafter in effect, relating to creditors' rights generally and (ii) equitable remedies of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and to the discretion of the court before which any proceeding therefor may be broughtEffect.

Parent Material Contracts. (a) Except for this Agreement, the Voting Agreement and the Parent Benefit Plans and except as set forth in the Parent SEC Documents, as of the date hereof, neither Parent nor any of its Subsidiaries is a party to or bound by any "“material contract" ” (as such term is defined in item 601(b)(10) of Regulation S-K of the SEC) (all contracts of the type described in this Section 4.17 being referred to herein as "“Parent Material Contracts "Contracts”). (b) Neither Parent nor any Subsidiary of Parent is in breach of or default under the terms of any Parent Material Contract where such breach or default has had, or would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on Parent. To the knowledge of Parent, no other party to any Parent Material Contract is in breach of or default under the terms of any Parent Material Contract where such breach or default has had, or would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on Parent. Each Parent Material Contract is a valid and binding obligation of Parent or the Subsidiary of Parent which is party thereto and, to the knowledge of Parent, of each other party thereto, and is in full force and effect, except that (i) such enforcement may be subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar Laws, now or hereafter in effect, relating to creditors' ’ rights generally and (ii) equitable remedies of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and to the discretion of the court before which any proceeding therefor may be brought.

Parent Material Contracts. (a) Except for this Agreement, the Voting Agreement and Parent has filed as an exhibit to the Parent Benefit Plans and except as set forth in the Parent SEC Documents, as of the date hereof, neither Parent nor any of its Subsidiaries is a party to or bound by any "Reports each “material contract" ” (as such term is defined in item Item 601(b)(10) of Regulation S-K K) to which, as of the SEC) (all contracts date of the type described in this Section 4.17 being referred to herein as "Agreement, Parent Material Contracts ")is a party or by which any of its respective assets are bound. (b) Neither Parent nor any Subsidiary of Parent is in breach of or default under the terms of any The Parent Material Contract where such breach Contracts (except those that are canceled, rescinded or default has had, or would reasonably be expected terminated after the date hereof in accordance with their terms) are in full force and effect in all material respects in accordance with their respective terms with respect to have, individually or in the aggregate, a Material Adverse Effect on Parent. To the knowledge of Parent, no other party to any Parent Material Contract is in breach of or default under the terms of any Parent Material Contract where such breach or default has had, or would reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect on Parent. Each Parent Material Contract is a valid and binding obligation of Parent or the Subsidiary of Parent which is party thereto and, to the knowledge of Parent, the other parties thereto, assuming the due authorization, execution and delivery by such other parties thereto, subject to the Enforceability Exceptions. Parent has performed all material obligations required to be performed by it under such Parent Material Contracts, and to the knowledge of each Parent, none of the other parties thereto are in material breach or material default thereunder and, to the knowledge of Parent, no event has occurred which would permit termination, modification or acceleration of any Parent Material Contract by any party thereto. Parent has not received notice of any current default under any Parent Material Contract. Parent has not given notice of its intent to terminate, modify, amend or otherwise materially alter the terms and conditions of any Parent Material Contract or has received any such written notice from any other party thereto, and is in full force and effecteach case, except that (i) such enforcement may be subject to applicable bankruptcy, insolvency, reorganization, moratorium other than in connection with the scheduled end or termination or other similar Laws, now or hereafter in effect, relating to creditors' rights generally and (ii) equitable remedies non-breach related expiration of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and to the discretion of the court before which any proceeding therefor may be broughtsuch Parent Material Contract.

Parent Material Contracts. (a) Except for this Agreement, Parent has filed or furnished with the Voting Agreement and the Parent Benefit Plans and except as set forth SEC in the Parent SEC Documents, as of the Reports or provided to Company prior to date hereof, neither true and complete copies of all Parent Material Contracts entered into since January 1, 2005. All Parent Material Contracts are valid and in full force and effect and enforceable in accordance with their respective terms, subject to the Bankruptcy and Equity Exception, except to the extent that (i) they have previously expired or otherwise terminated in accordance with their terms or (ii) the failure to be in full force and effect would not reasonably be expected to have a Parent Material Adverse Effect. Neither Parent nor any of its Subsidiaries is a party Subsidiaries, nor, to or bound by the Knowledge of Parent, any "material contract" (as counterparty to any such term is defined in item 601(b)(10) of Regulation S-K of the SEC) (all contracts of the type described in this Section 4.17 being referred to herein as "Parent Material Contracts "). (b) Neither Parent nor Contract, has violated any Subsidiary provision of, or committed or failed to perform any act which, with or without notice, lapse of Parent is in breach of time or both, would constitute a default under the terms provisions of any Parent Material Contract where such breach Contract, except in each case for those violations or default has had, or would reasonably be expected to havedefaults which, individually or in the aggregate, a Material Adverse Effect on Parent. To the knowledge of Parent, no other party to any Parent Material Contract is in breach of or default under the terms of any Parent Material Contract where such breach or default has had, or would not reasonably be expected to have, individually or in the aggregate, have a Parent Material Adverse Effect on ParentEffect. Each No Parent Material Contract is a valid and binding obligation of Parent has been amended or the Subsidiary of Parent which is party thereto and, modified prior to the knowledge date of Parent, of each other party thereto, and is in full force and effectthis Agreement, except that (i) such enforcement may be subject for amendments or modifications which have been filed or furnished with the SEC as an exhibit to applicable bankruptcya subsequently filed or furnished Parent Report, insolvency, reorganization, moratorium or other similar Laws, now or hereafter in effect, relating to creditors' rights generally and (ii) equitable remedies of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and provided to the discretion of Company prior to the court before which any proceeding therefor may be broughtdate hereof.