6Compliance with Other Instruments. The Borrower is not in violation or default of any term of its certificate of formation or LLC Agreement, or of any material provision of any mortgage, indenture or contract to which it is a party and by which it is bound, or of any judgment, decree, order or writ, other than such violations that would not individually or in the aggregate have a Material Adverse Effect. The execution, delivery and performance of this Note, and the consummation of the transactions contemplated by this Note, will not result in any such violation or be in conflict with, or constitute, with or without the passage of time and giving of notice, either a default under any such document, provision, instrument, judgment, decree, order or writ or an event that results in the creation of any lien, charge or encumbrance (other than the liens created by this Note) upon any assets of the Borrower or the suspension, revocation, impairment, forfeiture, or non-renewal of any material permit, license, authorization or approval applicable to the Borrower, its business or operations or any of its assets or properties. The sale of this Note is not and will not be subject to any preemptive rights or rights of first refusal that have not been properly waived or complied with.
Appears in 2 contracts
Samples: Note Agreement (TILT Holdings Inc.), Note Agreement (TILT Holdings Inc.)
6Compliance with Other Instruments. The Borrower Company is not in violation or default of any term of its certificate articles of formation incorporation or LLC Agreementbylaws, or of any material provision of any mortgage, indenture or contract to which it is a party and by which it is bound, bound or of any judgment, decree, order or writ, other than such violations that would not individually or in the aggregate have a Material Adverse Effectmaterial adverse effect on the Company. The execution, delivery and performance of this Notethe Loan Documents, and the consummation of the transactions contemplated by this Note, the Loan Documents will not result in any such violation or be in conflict with, or constitute, with or without the passage of time and giving of notice, either a default under any such document, provision, instrument, judgment, decree, order or writ or an event that results in the creation of any lien, charge or encumbrance (other than the liens created by this Note) upon any assets of the Borrower Company or the suspension, revocation, impairment, forfeiture, or non-renewal nonrenewal of any material permit, license, authorization or approval applicable to the BorrowerCompany, its business or operations or any of its assets or properties. The sale of this Note is the Notes and the subsequent issuance of the Conversion Securities are not and will not be subject to any preemptive rights or rights of first refusal that have not been properly waived or complied with.
Appears in 2 contracts
Samples: Convertible Promissory Note Purchase Agreement (New Jersey Mining Co), Convertible Promissory Note Purchase Agreement (New Jersey Mining Co)
