Common use of Ability to Carry Out Obligations Clause in Contracts

Ability to Carry Out Obligations. The execution and delivery of this Agreement by Buyer and the performance by Buyer or conflict with or result in (a) any material breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage, charter, instrument, certificate of incorporation, bylaw, or other agreement or instrument to which Buyer 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) 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 Buyer, or (c) an event that would result in the creation or imposition of any material lien, charge, or encumbrance on any asset of Buyer.

Appears in 3 contracts

Samples: Acquisition Agreement (Imtek Office Soultions Inc), Acquisition Agreement (Schuster Scott), Agreement and Plan of Reorganization (American Access Technologies Inc)

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Ability to Carry Out Obligations. The execution and delivery of this Agreement by Buyer PURCHASER and the performance by Buyer or of its obligations hereunder will not cause, constitute, conflict with or result in (ai) any material breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage, charter, instrument, certificate of incorporation, bylaw, bylaw or other agreement or instrument to which Buyer it is a party, party or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (bii) 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 Buyerobligation, or (ciii) an event that would result in the a creation or imposition of any material lien, charge, or encumbrance on any asset of Buyerasset.

Appears in 2 contracts

Samples: Acquisition, Stock Purchase, and Exchange Agreement (Thehealthchannel Com Inc), Acquisition, Stock Purchase, and Exchange Agreement (Thehealthchannel Com Inc)

Ability to Carry Out Obligations. The execution and delivery of this Agreement by Buyer and the performance by Buyer or will not conflict with or result in (a) any material breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage, charter, instrument, certificate of incorporation, bylaw, or other agreement or instrument to which Buyer 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) 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 Buyer, or (c) 8 an event that would result in the creation or imposition of any material lien, charge, or encumbrance on any asset of Buyer.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Touch Tone America Inc), Agreement and Plan of Reorganization (Touch Tone America Inc)

Ability to Carry Out Obligations. The -------------------------------- execution and delivery of this Agreement by Buyer and the performance by Buyer or will not conflict with or result in (a) any material breach or violation of any of the provisions or of or constitute a default under any license, indenture, mortgage, charter, instrument, certificate of incorporation, bylaw, or other agreement or instrument to which Buyer 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) 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 Buyer, or (c) an event that would result in the creation or imposition of any material lien, charge, or encumbrance on any asset of Buyer.

Appears in 1 contract

Samples: Reorganization Agreement (Chicken Kitchen Corp)

Ability to Carry Out Obligations. The execution and delivery of this Agreement by Buyer and the performance by Buyer or conflict with or result in (a) any material breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage, charter, instrument, certificate of incorporation, bylaw, or other agreement or instrument to which Buyer 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) 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 Buyer, or (cc ) an event that would result in the creation or imposition of any material lien, charge, or encumbrance on any asset of Buyer.

Appears in 1 contract

Samples: Acquisition Agreement (Rad Source Technologies Inc)

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Ability to Carry Out Obligations. The execution and delivery of this Agreement by Buyer and the performance by Buyer or conflict with or result in (a) any material breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage, charter, instrument, certificate of incorporation, bylawby-law, or other agreement or instrument to which Buyer 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) 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 Buyer, or (c) an event that would result in the creation or imposition of any material lien, charge, or encumbrance on any asset of Buyer.

Appears in 1 contract

Samples: Shareholder Agreement (Consygen Inc)

Ability to Carry Out Obligations. The execution and delivery of this Agreement by Buyer the Member and the performance by Buyer the Member of his obligations hereunder will not cause, constitute or conflict with or result in (ai) any material breach or violation of any of the provisions of or constitute a default under any license, indenture, mortgage, charter, instrument, certificate of incorporation, bylaw, or other agreement or instrument to which Buyer the Member is a party, or by which it may be bound, nor will any consents or authorizations authorization of any party other than those hereto be required, (bii) 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 Buyerthe Member, or (ciii) an event that would result in the creation or imposition of any material lien, charge, charge or encumbrance on any asset of Buyerthe Member.

Appears in 1 contract

Samples: Share Exchange Agreement (Network Cadence, Inc.)

Ability to Carry Out Obligations. The execution and delivery of this Agreement by Buyer and the performance by Buyer or will not conflict with or result in (a) any material breach or violation of any of the provisions or of or constitute a default under any license, indenture, mortgage, charter, instrument, certificate of incorporation, bylaw, or other agreement or instrument to which Buyer 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) 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 Buyer, or (c) an event that would result in the creation or imposition of any material lien, charge, or encumbrance on any asset of Buyer.

Appears in 1 contract

Samples: Acquisition Agreement (Chicken Kitchen Corp)

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