Common use of Performance; No Default Clause in Contracts

Performance; No Default. The Obligors shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them prior to or at the 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 any Obligor nor any other 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.

Performance; No Default. The Obligors shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the Closing 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 None of the Obligors or any Obligor nor any other 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.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the Closing 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 any Obligor of the Obligors nor any other Subsidiary of their Subsidiaries 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.

Performance; No Default. The Obligors shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the Closing 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 None of the Obligors or any Obligor nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum Investor Presentation that would have been prohibited by Section 10 had such Section applied since such date.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the 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 any No Obligor nor any other 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.

Performance; No Default. The Obligors shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement and the other Financing Agreements to which they are a party required to be performed or complied with by each of them prior to or at the 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 any No Obligor nor any other 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.

Performance; No Default. The Obligors shall have performed and complied with all agreements and conditions contained in this Agreement and the other Financing Agreements to which they are a party required to be performed or complied with by each of them prior to or at the 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 any Obligor nor any other 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.

Performance; No Default. The Obligors shall have performed and complied with all agreements and conditions contained in this Agreement and the other Basic Documents required to be performed or complied with by them it prior to or at the Closing and after giving effect to the exchange and 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 any Obligor the Company nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum Petition Date that would have been prohibited by Section 10 Sections 11.7, 11.8, 11.12 or 11.19 hereof had such Section Sections applied since such date.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this each Financing Agreement required to be performed or complied with by them it prior to or at the 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 any Obligor the Company nor any other 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.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at on the 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. Neither any Obligor nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum December 31, 2006 that would have been prohibited by Section 10 hereof had such Section applied since such date.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the Closing and after giving effect to the issue and sale of the Series 2003-1 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 any Obligor nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 10.1 or 10.7 hereof had such Section Sections applied since such date.

Performance; No Default. The Obligors shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the 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 any Obligor nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 any of Sections 10.1, and Sections 10.6 through 10.13, inclusive, had such Section Sections applied since such date.

Performance; No Default. The Obligors shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the Closing 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 None of the Obligors or any Obligor nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum Investor Presentation that would have been prohibited by Section 10 had such Section applied since such date.. Lineage Logistics Note Purchase Agreement

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the 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 any Obligor nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 10.2 or 10.8 hereof had such Section Sections applied since such date.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the 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 any Obligor the Company nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 Sections 10.1, 10.2, 10.4 or 10.5 had such Section Sections applied since such date.

Performance; No Default. The Obligors 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 them prior to or at the Closing 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 any Obligor None of the Obligors nor any other Restricted Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section SECTIONS 9 or 10 hereof had such Section SECTIONS applied since such date.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the 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 any Obligor nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 Sections 10.1 or 10.7 had such Section Sections applied since such date.

Performance; No Default. The Each of the Obligors shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them prior to or at the Closing Closing, and after giving effect to the issue and sale of the Series 2000-1 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 any Obligor nor any other 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.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the Closing and 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 any Obligor the Company nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 11.1 had such Section applied since such date.

Performance; No Default. The Obligors shall have performed and complied with all their respective agreements and conditions contained in this Agreement the Transaction Documents to which the Obligors are parties required to be performed or complied with by them prior to or at the Closing 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 any Obligor the Company nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 9 or Section 10 had such Section applied since such date.

Performance; No Default. The Each of the Obligors shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the Closing 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 any No Obligor nor any other 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.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the Closing 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 any Obligor None of the Obligors nor any other Restricted 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.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the 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 any Obligor nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section 10 10.1 hereof had such Section applied since such date.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them it prior to or at the Closing time of the 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) 5.15), no Default or Event of Default shall have occurred and be continuing. Neither any No Obligor nor any other Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Section Article 10 had such Section Article applied since such date.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this each Financing Agreement required to be performed or complied with by them it prior to or at the Closing and after giving effect to the issue and sale of the 2009 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 any Obligor the Company nor any other 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.

Performance; No Default. The Obligors Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them the Obligors prior to or at the Closing 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. Neither any No Obligor nor any other 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.

Performance; No Default. The Obligors shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by them prior to or at the 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 any No Obligor nor or any other 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.