Common use of Performance of Contracts Clause in Contracts

Performance of Contracts. Each material Contract is in full force and effect and constitutes the legal and binding obligation of the Company and, to the knowledge of the Company, constitutes the legal and binding obligation of the other parties thereto. Except as disclosed in Section 3.11 of the Disclosure Schedule, there are no existing breaches or defaults by the Company or, to the knowledge of the Company, any other party to a Contract under any Contract the effect of which would, individually or in the aggregate, constitute a Material Adverse Effect and, to the knowledge of the Company, no event has occurred which, with the passage of time or the giving of notice or both, could reasonably be expected to constitute such a breach or default.

Appears in 2 contracts

Sources: Merger Agreement (Supervalu Inc), Merger Agreement (Richfood Holdings Inc)

Performance of Contracts. Each material Contract of the Material Contracts of the Company and its Subsidiaries is in full force and effect and constitutes the legal and binding obligation of the Company andor its Subsidiaries, to assuming the knowledge of the Company, constitutes Material Contracts are the legal and binding obligation obligations of the other parties theretothereto and subject to the Bankruptcy Exception. Except as disclosed in Section 3.11 of the Disclosure Schedule, there There are no existing breaches or defaults by the Company or, to the knowledge of the Company, any other party to a Contract or its Subsidiaries under any such Material Contract the effect of which would, individually or in the aggregate, could reasonably be expected to constitute a Material Adverse Effect on the Company, and, to the knowledge Knowledge of the Company, no event has occurred which, with the passage of time or the giving of notice or both, could reasonably be expected to constitute such a breach or default.

Appears in 2 contracts

Sources: Merger Agreement (Edutrek Int Inc), Agreement and Plan of Merger (Career Education Corp)

Performance of Contracts. Each material Contract of the Contracts is in full force and effect and constitutes the legal and binding obligation of the Company and, to the knowledge of the Company, constitutes the legal and binding obligation of the other parties thereto, except where the failure to be in full force and effect is not reasonably likely to have a Material Adverse Effect. Except as disclosed in Section 3.11 of the Disclosure Schedule, there There are no existing breaches or defaults by the Company or, to the knowledge of the Company, any other party to a Contract under any Contract the effect of which would, individually or in the aggregate, would constitute a Material Adverse Effect and, to the knowledge of the Company, no event has occurred which, with the passage of time or the giving of notice or both, could reasonably be expected to constitute such a breach or default. The Company is not subject to the terms of any non-competition or other agreement (including any area restrictions) which restrict in any material respect the conduct of the respective businesses of the Company and its Subsidiaries as presently conducted.

Appears in 1 contract

Sources: Merger Agreement (Lee Sara Corp)