Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 25 contracts
Sources: Note Purchase Agreement (Toro Co), Note Purchase Agreement (Union Electric Co), Note Purchase Agreement (Hamilton Lane INC)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 23 contracts
Sources: Note Purchase Agreement, Note Purchase Agreement (Tortoise Midstream Energy Fund, Inc.), Note Purchase Agreement (Kayne Anderson Midstream/Energy Fund, Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section Schedule 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 12 contracts
Sources: Note Purchase Agreement (Sigma Aldrich Corp), Note Purchase Agreement (Allegheny Energy Inc), Note Purchase Agreement (Allegheny Energy Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 had such Section applied since such date.
Appears in 11 contracts
Sources: Master Note Purchase Agreement (Polaris Inc.), Master Note Purchase Agreement (Polaris Industries Inc/Mn), Note Purchase Agreement (South Jersey Industries Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this each Financing Agreement required to be performed or complied with by it the Company prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes Bonds (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 10 contracts
Sources: Bond Purchase Agreement (Essential Utilities, Inc.), Bond Purchase Agreement (Essential Utilities, Inc.), Bond Purchase Agreement (Essential Utilities, Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section Schedule 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 7 contracts
Sources: Note Purchase Agreement (Spectra Energy Partners, LP), Note Purchase Agreement (Nasdaq Stock Market Inc), Note Purchase Agreement (Spectra Energy Partners, LP)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section Schedule 5.14), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 hereof had such Section applied since such date.
Appears in 6 contracts
Sources: Note Purchase Agreement (Nui Corp /Nj/), Note Purchase Agreement (Ferrellgas Partners Finance Corp), Note Purchase Agreement (Ferrellgas Partners Finance Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing and no “Default” or “Event of Default” under the 2009 Note Agreement or the RBC Agreement shall have occurred and be continuing.
Appears in 6 contracts
Sources: Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and Closing and, after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.145.14 of this Agreement), no Default or Event of Default shall have occurred and be continuing.
Appears in 6 contracts
Sources: Note Purchase Agreement (ServisFirst Bancshares, Inc.), Note Purchase Agreement (ServisFirst Bancshares, Inc.), Note Purchase Agreement (ServisFirst Bancshares, Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the Execution Date to the Closing (assuming, for purposes of this Agreement, that Sections 9 and 10 are applicable from the Execution Date). From the Execution Date until the Closing. Before , before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 5 contracts
Sources: Note Purchase Agreement (Madison Gas & Electric Co), Note Purchase Agreement (Madison Gas & Electric Co), Note Purchase Agreement (Madison Gas & Electric Co)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 hereof had such Sections applied since such date.
Appears in 4 contracts
Sources: Note Purchase Agreement (Fair Isaac Corp), Note Purchase Agreement (Fair Isaac Corp), Note Purchase Agreement (Proquest Co)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or on the Execution Date and at the Closing. Before Closing and after giving effect to the issue and sale of the Notes Bonds (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 4 contracts
Sources: Bond Purchase Agreement (Northwestern Corp), Bond Purchase Agreement (Northwestern Corp), Bond Purchase Agreement (Northwestern Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section Schedule 5.14), ) no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by this Agreement had it applied since such date.
Appears in 4 contracts
Sources: Note Purchase Agreement (Tetra Tech Inc), Note Purchase Agreement (Northwest Pipe Co), Note Purchase Agreement (Wolverine World Wide Inc /De/)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 had such Section applied since such date.
Appears in 4 contracts
Sources: Note Purchase Agreement (Jacobs Engineering Group Inc /De/), Note Purchase Agreement (Lindsay Corp), Note Purchase Agreement (Hawaiian Electric Co Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)Notes, no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at on the Closing. Before Effective Date, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as transactions contemplated by Section 5.14)hereby, no Default or Event of Default shall have occurred and be continuing.. Stepan Company Amended and Restated Note Agreement
Appears in 3 contracts
Sources: Note Agreement (Stepan Co), Note Agreement (Stepan Co), Note Agreement (Stepan Co)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), 5.12) no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement (PQ Group Holdings Inc.), Note Purchase Agreement (Westmoreland Coal Co), Note and Warrant Purchase Agreement (Denali Inc)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before such Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Master Note Purchase Agreement (Henry Schein Inc), Private Shelf Agreement (Henry Schein Inc), Private Shelf Agreement (Henry Schein Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing. Before , before and after giving effect to the issue and sale of the Notes Bonds (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Bond Purchase Agreement (Southwestern Public Service Co), Bond Purchase Agreement (Northern States Power Co /Wi/), Bond Purchase Agreement (Northern States Power Co /Wi/)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before such Closing and after giving effect to the issue and sale of the Notes to be sold at such Closing (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement (Caseys General Stores Inc), Note Purchase Agreement (Caseys General Stores Inc), Note Purchase Agreement (Caseys General Stores Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this each Financing Agreement required to be performed or complied with by it the Company and prior to or at the such Closing. Before , and after giving effect to the issue and sale of the applicable Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement (SOUTH JERSEY GAS Co), Note Purchase Agreement (SOUTH JERSEY GAS Co), Note Purchase Agreement (South Jersey Gas Co/New)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions covenants contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and Closing and, after giving effect to the issue and sale of the Notes Securities (and the application of the proceeds thereof as contemplated by Section 5.14)7.37) and the other Transactions, no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Prospect Global Resources Inc.), Securities Purchase Agreement (Prospect Global Resources Inc.), Securities Purchase Agreement (Prospect Global Resources Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), 5.13) no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (InfraREIT, Inc.)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before such Closing and after giving effect to the issue and sale of the Notes (in the case of any Closing other than the Restatement Closing) (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Master Note Purchase Agreement (Henry Schein Inc), Master Note Purchase Agreement, Master Note Purchase Agreement (Henry Schein Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions to the Closing contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp), Note Purchase Agreement (Otter Tail Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement or the other Transaction Documents required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section SECTION 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement (Universal Seismic Associates Inc), Subordinated Note Purchase Agreement (GMX Resources Inc), Note Purchase Agreement (Texoil Inc /Nv/)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before such Closing Day, and after giving effect to the issue and sale of the applicable Series of Notes (and the application of the proceeds thereof as contemplated by pursuant to the requirements of Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase and Private Shelf Agreement (LTC Properties Inc), Note Purchase and Private Shelf Agreement (LTC Properties Inc), Note Purchase and Private Shelf Agreement (LTC Properties Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue issuance and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico), Note Purchase Agreement (Public Service Co of New Mexico)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the date of the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing. Before , before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement, Note Purchase Agreement, Note Purchase Agreement
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of this Agreement that would have been prohibited by Section 10 had such Section applied since such date.
Appears in 3 contracts
Sources: Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Unitil Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement (Meredith Corp), Note Purchase Agreement (Meredith Corp), Note Purchase Agreement (Elizabethtown Water Co /Nj/)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to at the issue and sale time of the Notes (and the application Closing no Event of the proceeds thereof as contemplated by Section 5.14), no Default or Potential Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note and Warrant Purchase Agreement (Gni Group Inc /De/), Note and Warrant Purchase Agreement (Dixon Ticonderoga Co), Note and Warrant Purchase Agreement (Eco Soil Systems Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes each Note (and the application of the proceeds thereof as contemplated by Section 5.14), thereof) no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement, Note Purchase Agreement (Conifer Holdings, Inc.), Note Purchase Agreement (Conifer Holdings, Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)hereunder, no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before such Closing and after giving effect to (a) with respect to the Restatement Closing, the issue and sale of the Series B Notes and the other transactions contemplated on the Restatement Effective Date and (b) with respect to each Shelf Closing, the issue and sale of the Shelf Notes (and the application of the proceeds thereof as contemplated by Section 5.146.7), as applicable, no Default or Event of Default shall have occurred and be continuing.
Appears in 3 contracts
Sources: Multi Currency Note Purchase and Private Shelf Agreement, Multi Currency Note Purchase and Private Shelf Agreement (MSA Safety Inc), Multi Currency Note Purchase and Private Shelf Agreement (MSA Safety Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the such Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (SJW Group), Note Purchase Agreement (Ameren Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section Schedule 5.14), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Consolidated Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 had such Section applied since such date.
Appears in 2 contracts
Sources: Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement and the other Note Documents required to be performed or complied with by it prior to or at the applicable Closing and from the date of this Agreement to the applicable Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the applicable Closing. Before , before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Oncor Electric Delivery Co LLC), Note Purchase Agreement (Oncor Electric Delivery Co LLC)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the time of the Closing. Before , and before and after giving effect to the issue and sale of the Initial Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. The Company shall not have entered into any transaction since the date of the Memorandum that would have been prohibited by Article 10 had such Article applied since such date.
Appears in 2 contracts
Sources: Note Purchase Agreement (REV Renewables, Inc.), Note Purchase Agreement (REV Renewables, Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the such Closing. Before and after giving effect to the issue and sale of the Notes to be issued at such Closing (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Ametek Inc/), Note Purchase Agreement (Ametek Inc/)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and the other Note Documents required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)Notes, no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Oncor Electric Delivery Co LLC), Note Purchase Agreement (Oncor Electric Delivery Co LLC)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at as of the Closing. Before Closing and after giving effect to the issue and sale of the Notes each Note (and the application of the proceeds thereof as contemplated by Section 5.14), thereof) no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Conifer Holdings, Inc.), Note Purchase Agreement (Conifer Holdings, Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)) at the Closing, no Default Change in Control or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Master Note Purchase Agreement (Blackstone Private Credit Fund), Master Note Purchase Agreement (Blackstone Private Credit Fund)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement Agreement, the Mortgage and the Supplemental Indenture required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect from the date of this Agreement to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.Closing with respect to Sections 9 and
Appears in 2 contracts
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the such Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)) at such Closing, no Change in Control, no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Master Note Purchase Agreement (T. Rowe Price OHA Select Private Credit Fund), Master Note Purchase Agreement (T. Rowe Price OHA Select Private Credit Fund)
Performance; No Default. The Company shall have performed and complied with all agreements agreements, covenants and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Subsequent Closing. Before , and after giving effect to the issue and sale of the Notes Preferred Stock (and the application of the proceeds thereof as contemplated by Section 5.14thereof), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Metropcs Communications Inc), Securities Purchase Agreement (Metropcs California/Florida Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Harken Energy Corp), Note Agreement (Guilford Mills Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement and the Indenture required to be performed or complied with by it prior to or at the Closing. Before , and, before and after giving effect to the issue and sale of the Notes Bonds (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Bond Purchase Agreement (CMS Energy Corp), Bond Purchase Agreement (Consumers Energy Co)
Performance; No Default. The Company shall have performed and ----------------------- complied in all material respects with all agreements and conditions contained in this Agreement and the other Transaction Documents required to be performed or complied with by it prior to or at the Closing. Before , and at the time of the Closing, after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)Units, no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Koo Koo Roo Inc/De), Securities Purchase Agreement (Silicon Gaming Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Initial Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14thereof), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Metropcs Communications Inc), Securities Purchase Agreement (Metropcs California/Florida Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this each Financing Agreement required to be performed or complied with by it the Company and prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (SOUTH JERSEY GAS Co), Note Purchase Agreement (South Jersey Gas Co/New)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing. Before , before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.149.8), no Default or Event of Default shall have occurred and be continuingcontinuing and no Change in Control shall have occurred.
Appears in 2 contracts
Sources: Note Purchase Agreement (Idexx Laboratories Inc /De), Note Purchase Agreement (Idexx Laboratories Inc /De)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement and each other Note Document required to be performed or complied with by it thereby prior to or at the Closing. Before Closing and, before and immediately after giving pro forma effect to the issue Note Purchase Transactions, and sale each of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)them, no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Telex Communications Inc), Note Purchase Agreement (Telex Communications Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions covenants contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)Note, no Default or Event of Default shall have occurred and or be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Immunex Corp /De/), Note Purchase Agreement (American Home Products Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes Bonds (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Bond Purchase Agreement (Centerpoint Energy Inc), Bond Purchase Agreement (Centerpoint Energy Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. The Company shall not have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 had such Section applied since such date.
Appears in 2 contracts
Sources: Note Purchase Agreement, Note Purchase Agreement (El Paso Electric Co /Tx/)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section Schedule 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Lincare Holdings Inc), Note Purchase Agreement (Lincare Holdings Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes to be sold at the Closing (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Mge Energy Inc), Note Purchase Agreement (Caseys General Stores Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions covenants contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes and Warrants (and the application of the proceeds thereof as contemplated by Section 5.14), thereof) no Default or Event of Default under the Notes shall have occurred and be continuing. Purchaser shall have received a certificate signed on behalf of the Company by an executive officer of the Company to such effect.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Wanxiang Group Corp), Securities Purchase Agreement (A123 Systems, Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing in all material respects and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)Note, no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Southern California Water Co), Note Purchase Agreement (Golden State Water CO)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 had such Section applied since such date.
Appears in 2 contracts
Sources: Note Purchase Agreement (ITC Holdings Corp.), Note Purchase Agreement (MCG Capital Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the Closing. Before From the date of this Agreement until the Closing, before and after giving effect to the issue and sale of the Series 2016 Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.. Waste Connections, Inc. Note Purchase Agreement
Appears in 2 contracts
Sources: Master Note Purchase Agreement (Waste Connections, Inc.), Master Note Purchase Agreement (Waste Connections, Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement and in each Collateral Document to which it is a party required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale as of the Notes (Effective Date and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Second Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co), Amended and Restated Note Purchase and Private Shelf Agreement (Modine Manufacturing Co)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ MLP Investment Company Note Purchase Agreement
Appears in 2 contracts
Sources: Note Purchase Agreement (Kayne Anderson MLP Investment CO), Note Purchase Agreement (Kayne Anderson MLP Investment CO)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement and each of the Other Agreements required to be performed or complied with by it prior to or at the Closing. Before and after After giving effect to the Transactions (including, without limitation, the issue and sale of the Notes Debentures (and the application of the proceeds thereof as contemplated by Section 5.145.16)), no Default or Event of Default (as both terms are defined in the Indenture) shall have occurred and be continuing.
Appears in 2 contracts
Sources: Purchase Agreement (Apollo Investment Fund Iv Lp), Purchase Agreement (Sylvan Learning Systems Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement Agreement, the other Financing Documents and the Security Documents required to be performed or complied with by it on or prior to or at the Closing. Before and Effective Date, and, after giving effect to the issue amendment and sale of the Notes (and the application of the proceeds thereof as contemplated restatement evidenced by Section 5.14)this Agreement, no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Spartech Corp), Note Purchase Agreement (Spartech Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the applicable Closing. Before and after giving effect to the issue and sale of the Notes Bonds at each Closing (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Bond Purchase Agreement (Centerpoint Energy Inc), Bond Purchase Agreement (Centerpoint Energy Inc)
Performance; No Default. The Company shall have performed and complied compiled with all agreements and conditions contained in this Agreement required to be performed or complied compiled with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section SCHEDULE 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since February 21, 2007 that would have been prohibited by Section 10 hereof had such Sections applied since such date.
Appears in 2 contracts
Sources: Note Purchase Agreement (Dentsply International Inc /De/), Note Purchase Agreement (Dentsply International Inc /De/)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.Schedule
Appears in 2 contracts
Sources: Note Purchase Agreement (Hunt Corp), Note Purchase Agreement (Hunt Manufacturing Co)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before such Closing Day and after giving effect to the issue and sale of the such Notes (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase and Private Shelf Agreement (Wausau Paper Corp.), Note Purchase and Private Shelf Agreement (Wausau Paper Corp.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuingcontinuing and no Control Event and no Change in Control shall have occurred.
Appears in 2 contracts
Sources: Note Purchase Agreement (WhiteHorse Finance, Inc.), Note Purchase Agreement (WhiteHorse Finance, Inc.)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the such Closing. Before and after giving effect to the issue and sale of the Notes to be issued and sold on the date of such Closing (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Master Note Agreement (CERNER Corp), Master Note Agreement (CERNER Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), thereof) no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Showbiz Pizza Time Inc), Note Purchase Agreement (Showbiz Pizza Time Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the applicable Closing and from the date of this Agreement to the date of the applicable Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the applicable Closing. Before , before and after giving effect to the issue and sale of the applicable Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Note Purchase Agreement
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the each Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Agency Agreement (Kayne Anderson MLP Investment CO), Note Purchase Agreement (Kayne Anderson MLP Investment CO)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and immediately after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 2 contracts
Sources: Note Purchase Agreement (Ecolab Inc), Note Purchase Agreement (Ecolab Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement and the other Note Documents required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing. Before , before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Sources: Note Purchase Agreement (Oncor Electric Delivery Co LLC)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Presentation that would have been prohibited by Section 10 had such Section applied since such date.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Series 2015 Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before From the date of this Agreement to the Closing, before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Change of Control, Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Sources: Note Purchase Agreement (Texas New Mexico Power Co)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and the Indenture required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and Closing and, after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 had such Section applied since such date.
Appears in 1 contract
Sources: Note Purchase Agreement (Hawaiian Electric Industries Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Immediately before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)Notes, no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Sources: Note Purchase Agreement (Cowen Inc.)
Performance; No Default. The Company Companies shall have performed and complied with all agreements and conditions contained in this Agreement the Transaction Agreements required to be performed or complied with by it them prior to or at the Closing. Before such Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), Exchange Shares and no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), ; no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 had such Section applied since such date.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Initial Closing. Before and after giving effect to the issue and sale of the Initial Notes (and the application of the proceeds thereof as contemplated by Section 5.14)10 of Annex A) and the Warrants, no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Sources: Note and Warrant Purchase Agreement (Ocwen Financial Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), Warrants no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this each Financing Agreement required to be performed or complied with by it the Company prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes Bonds (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and from the date of this Agreement to the Closing assuming that Sections 9 and 10 are applicable from the date of this Agreement. From the date of this Agreement until the Closing. Before , before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.. - vi -
Appears in 1 contract
Sources: Note Purchase Agreement (Allete Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement or the other Transaction Documents required to be performed or complied with by it prior to or at the Closing. Before closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Sources: Note Purchase Agreement (Universal Seismic Associates Inc)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at on the Closing. Before Closing Date, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it the Company on or prior to or at the Closingdate hereof. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no No Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Sources: Note Purchase and Private Shelf Agreement (FirstService Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at on the Closing. Before Effective Date, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as transactions contemplated by Section 5.14)hereby, no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Sources: Note Agreement (Stepan Co)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at on the Closing. Before and First Closing Date and, after giving effect to the issue and sale consummation of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)this Agreement, no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Sources: Master Shelf and Note Purchase Agreement (Brown & Brown Inc)
Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before , and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. .c2.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the such Closing. Before , and after giving effect to Section 3 hereof and the issue and sale delivery of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14)to be delivered on such Amendment Effective Date, no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Sources: Amended and Restated Note Purchase Agreement (Precision Castparts Corp)
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before , and after giving effect to the issue and sale of the Series 2001 Notes (and the application of the proceeds thereof as contemplated by Section 5.145.11), no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after After giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.145.13), no Default or Event of Default shall have occurred and be continuing. The Company shall not have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 had such Section applied since such date.
Appears in 1 contract
Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before Closing and after giving effect to the issue and sale of the Notes Debentures (and the application of the proceeds thereof as contemplated by Section 5.14), ) no Default or Event of Default shall have occurred and be continuing.
Appears in 1 contract
Sources: Purchase Agreement (Benesse Corp)