Common use of Ability to Carry Out Obligations Clause in Contracts

Ability to Carry Out Obligations. The execution and delivery of this agreement by the Company and the performance by the Company of its obligations hereunder in the time and manner contemplated will not cause, constitute, or conflict with, or result in any of the following: (a) a breach or violation of any provisions of or constitute a default under any license, indenture, mortgage instrument, article of incorporation, bylaw, other agreement or instrument to which the Company is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those required, (b) any event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the Company, or, (c) an event that would result in the creation or imposition of any lien, charge, encumbrance on the asset of the Company.

Appears in 2 contracts

Samples: Acquisition Agreement (Econnect), Acquisition Agreement (Econnect)

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Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company NIS and the performance by the Company NIS of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company NIS is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyNIS, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyNIS.

Appears in 2 contracts

Samples: Exchange of Securities Agreement (Nationwide Financial Solutions, Inc.), Agreement Concerning the Exchange of Securities (Nationwide Financial Solutions, Inc.)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company NAGM and the performance by the Company NAGM of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company NAGM is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, ; (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the Company, or, NAGM; or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyNAGM.

Appears in 2 contracts

Samples: Agreement Concerning the Exchange of Common Stock (North American Gaming & Entertainment Corp), Agreement Concerning the Exchange of Common Stock (North American Gaming & Entertainment Corp)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company PPT and the performance by the Company PPT of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company PPT is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyPPT, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyPPT.

Appears in 1 contract

Samples: Agreement Concerning the Exchange of Securities (Passport Restaurants Inc)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company CapitalCo and the performance by the Company CapitalCo of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company CapitalCo is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyCapitalCo, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyCapitalCo.

Appears in 1 contract

Samples: Exchange of Securities Agreement (Dixie Lee International Industries, Inc.)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company Shareholders and the performance by the Company of its them or their obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any material breach or violation of any of the provisions of or constitute a material default under any license, indenture, mortgage mortgage, charter, instrument, article articles of incorporation, bylawby-laws, or other agreement or instrument to which the Company Xxxxxxxx is a party, or by which it may be bound, nor will any other consents or authorizations of any party other than those the Shareholders be required, (b) any an event that would permit any party to any material agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyXxxxxxxx, or, or (c) an event that would result in the creation or imposition of any material lien, charge, or encumbrance on the of any asset of the CompanyXxxxxxxx.

Appears in 1 contract

Samples: Exchange Agreement (Imtek Office Solutions Inc)

Ability to Carry Out Obligations. The execution and delivery of this agreement by the Company PowerClick and the performance by the Company PowerClick of its obligations hereunder in the time and manner contemplated will not cause, constitute, or conflict with, or result in any of the following: (a) a breach or violation of any provisions of or constitute a default under any license, indenture, mortgage instrument, article of incorporation, bylaw, other agreement or instrument to which the Company PowerClick is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those required, (b) any event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyPowerClick, or, (c) an event that would result in the creation or imposition of any lien, charge, encumbrance on the asset of the CompanyPowerClick.

Appears in 1 contract

Samples: Acquisition Agreement (Econnect)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company ALRN and the performance by the Company ALRN of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company ALRN is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyALRN, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyALRN.

Appears in 1 contract

Samples: Exchange of Securities Agreement (Seaway Valley Capital Corp)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company and Shareholder and the performance by the Company and Shareholder of its their obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, charter, instrument, article articles of incorporation, bylawby-laws, or other agreement or instrument to which the Company is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it such agreement or instrument or to accelerate the maturity of any indebtedness or other obligation of the Company, or, or (c) an event that would result in the creation or imposition of any lien, charge, or encumbrance on the any asset of the Company.

Appears in 1 contract

Samples: Stock Exchange Agreement (Capco Energy Inc)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company PublicCo and the performance by the Company PublicCo of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company PublicCo is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyPublicCo, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyPublicCo.

Appears in 1 contract

Samples: Exchange of Securities Agreement (Dixie Lee International Industries, Inc.)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company TANTALLON and the performance by the Company TANTALLON of its obligations hereunder in the time and manner contemplated will not cause, constitute, or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, charge, instrument, article certificate of incorporation, bylaw, or other agreement or instrument to which the Company TANTALLON is a party, or by which it may be bound, nor will waive any consents or authorizations of any party other than those to be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyTANTALLON, or, or (c) an event that would result in the creation or imposition of any lien, charge, or encumbrance on the any asset of the CompanyTANTALLON.

Appears in 1 contract

Samples: Agreement Concerning the Exchange of Stock (Workfire Com)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company Interactive and the performance by the Company Interactive of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company Interactive is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyInteractive, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyInteractive.

Appears in 1 contract

Samples: Merger Agreement (Torpedo Sports Usa Inc)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company FRSC and the performance by the Company FRSC of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company FRSC is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyFRSC, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyFRSC.

Appears in 1 contract

Samples: Exchange of Securities Agreement (Fresca Worldwide Trading CORP)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company GOSOLAR and the performance by the Company GOSOLAR of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company GOSOLAR is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyGOSOLAR, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyGOSOLAR.

Appears in 1 contract

Samples: Exchange of Securities Agreement (Fresca Worldwide Trading CORP)

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Ability to Carry Out Obligations. The execution and delivery of this agreement by the Company eBet and the performance by the Company eBet of its his obligations hereunder in the time and manner contemplated will not cause, constitute, or conflict with, or result in any of the following: (a) a breach or violation of any provisions of or constitute a default under any license, indenture, mortgage instrument, article of incorporation, bylaw, other agreement or instrument to which the Company eBet is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those required, (b) any event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyeBet, or, (c) an event that would result in the creation or imposition of any lien, charge, encumbrance on the asset of the CompanyeBet.

Appears in 1 contract

Samples: Acquisition Agreement (Econnect)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company ANET and the performance by the Company ANET of its obligations hereunder in the time and manner contemplated will not cause, constitute, or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, charger, instrument, article certificate of incorporation, bylaw, or other agreement or instrument to which the Company ANET is a party, or by which it may be bound, nor will waive any consents or authorizations of any party part other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyANET, or, or (c) an event that would result in the creation or imposition of any lien, charge, or encumbrance on the any asset of the CompanyANET.

Appears in 1 contract

Samples: Merger Agreement (Autotradecenter Com Inc)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company B-29 and the performance by the Company B-29 of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company B-29 is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyB-29, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyB-29.

Appears in 1 contract

Samples: Exchange of Securities Agreement (Puget Technologies, Inc.)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company Contributors and the performance by the Company Contributors of its their obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article articles of incorporation, bylaw, bylaw or other agreement or instrument to which the Company either Contributor is a party, or by which it either Contributor may be bound, nor will any consents or authorizations authorization of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyContributors, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of either of the CompanyContributors.

Appears in 1 contract

Samples: Technology Contribution Agreement (Alchemy Enterprises, Ltd.)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company PUGE and the performance by the Company PUGE of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company PUGE is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyPUGE, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyPUGE.

Appears in 1 contract

Samples: Exchange of Securities Agreement (Puget Technologies, Inc.)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company SystemsUS and the performance by the Company SystemsUS of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company SystemsUS is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanySystemsUS, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanySystemsUS.

Appears in 1 contract

Samples: Exchange of Securities Agreement (Dixie Lee International Industries, Inc.)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company MMTC and the performance by the Company MMTC of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company MMTC is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, ; (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the Company, or, MMTC; or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyMMTC.

Appears in 1 contract

Samples: Exchange of Common Stock Agreement (Micro Imaging Technology, Inc.)

Ability to Carry Out Obligations. The execution and delivery of this agreement Agreement by the Company WIN and the performance by the Company WIN of its obligations hereunder in the time and manner contemplated will not cause, constitute, constitute or conflict with, with or result in any of the following: (a) a any breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage mortgage, instrument, article of incorporation, bylaw, or other agreement or instrument to which the Company WIN is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) any an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of the CompanyWIN, or, or (c) an event that would result in the creation or imposition of any lien, charge, charge or encumbrance on the any asset of the CompanyWIN.

Appears in 1 contract

Samples: Exchange Agreement (Whitney Russell A)

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