Common use of Absence of Breach or Default Clause in Contracts

Absence of Breach or Default. The Company and each of the Material Subsidiaries is not in breach or default of, and the execution and delivery of this Agreement, the Subscription Agreements, the Warrant Indenture and Broker Warrant Certificates and the performance by the Company of its obligations hereunder or thereunder, the issue and sale of the Unit Shares, the Warrants, the Warrants Shares, the Broker Warrants, the Broker Unit Shares, the Broker Unit Warrants and the Broker Shares and the consummation of the transactions contemplated hereby and thereby do not and will not conflict with or result in a breach or violation of any of the terms of or provisions of, or constitute a default under, whether after notice or lapse of time or both, (A) any statute, rule or regulation applicable to the Company or any of the Material Subsidiaries, including the Securities Laws; (B) the constating documents or resolutions of the directors (including of committees thereof) or shareholders of the Company and each of the Material Subsidiaries which are in effect at the date of hereof; (C) any Debt Instrument or Material Agreement; or (D) any judgment, decree or order binding the Company, any of the Material Subsidiaries or the properties or assets of the Company or the Material Subsidiaries.

Absence of Breach or Default. The Company and each of the Material Subsidiaries is not in breach or default of, and the execution and delivery of this Agreement, the Subscription Agreements, the Subscription Receipt Agreement, the Warrant Indenture and Broker Warrant Certificates and the performance by the Company of its obligations hereunder or thereunder, the issue and sale of the Subscription Receipts, the Unit Shares, the Warrants, the Warrants Shares, the Broker Warrants, the Broker Unit Shares, the Broker Unit Warrants and the Broker Shares and the consummation of the transactions contemplated hereby and thereby do not and will not conflict with or result in a breach or violation of any of the terms of or provisions of, or constitute a default under, whether after notice or lapse of time or both, (A) any statute, rule or regulation applicable to the Company or any of the Material Subsidiaries, including the Securities Laws; (B) the constating documents or resolutions of the directors (including of committees thereof) or shareholders of the Company and each of the Material Subsidiaries which are in effect at the date of hereof; (C) any Debt Instrument or Material Agreement; or (D) any judgment, decree or order binding the Company, any of the Material Subsidiaries or the properties or assets of the Company or the Material Subsidiaries.

Absence of Breach or Default. (i) The Company and each of the Material Subsidiaries Corporation is not in breach or default of, and (ii) the execution and delivery of this Agreement, the Subscription Agreements, the Warrant Indenture and Broker Warrant Certificates Transaction Documents and the performance by the Company of its obligations hereunder or thereunder, the issue and sale of the Unit Shares, the Warrants, the Warrants Shares, the Broker Warrants, the Broker Unit Shares, the Broker Unit Warrants and the Broker Shares and the consummation of the transactions contemplated hereby and thereby do not and will not conflict with or result in a breach or violation of any of the terms of or provisions of, or constitute a default under, under (whether after notice or lapse of time or both, ): (A) any material statute, rule or regulation applicable to the Company or any of the Material SubsidiariesCompany, including the Applicable Securities Laws; (B) the constating documents or resolutions of the directors (including of committees thereof) or shareholders of the Company and each of the Material Subsidiaries which are in effect at the date of hereof; (C) any Debt Instrument or Material Agreement; or (D) any judgment, decree or order binding the Company, any the Subsidiaries or their properties or assets. The execution and delivery of the Material Transaction Documents and the performance by the Company of its obligations hereunder or thereunder do not and will not result in the creation or imposition of any Lien on the Company, its Subsidiaries or the their properties or assets assets, and do not and will not give others a right to the acceleration, repurchase, redemption or repayment of all or any portion of indebtedness of the Company or the Material its Subsidiaries.

Absence of Breach or Default. The Company and each of the Material Subsidiaries is not in breach or default of, and (ii) the execution and delivery of this Agreement, the Subscription Agreements, the Warrant Indenture and Broker Warrant Certificates Transaction Documents and the performance by the Company of its obligations hereunder or thereunder, the issue and sale of the Unit Shares, the Warrants, the Warrants Shares, the Broker Warrants, the Broker Unit Shares, the Broker Unit Warrants and the Broker Shares and the consummation of the transactions contemplated hereby and thereby do not and will not conflict with or result in a breach or violation of any of the terms of or provisions of, or constitute a default under, under (whether after notice or lapse of time or both, ): (A) any material statute, rule or regulation applicable to the Company or any of the Material SubsidiariesCompany, including the Applicable Securities Laws; (B) the constating documents or resolutions of the directors (including of committees thereof) or shareholders of the Company and each of the Material Subsidiaries which are in effect at the date of hereof; (C) any Debt Instrument or Material Agreement; or (D) any judgment, decree or order binding the Company, any the Subsidiaries or their properties or assets. The execution and delivery of the Material Transaction Documents and the performance by the Company of its obligations hereunder or thereunder do not and will not result in the creation or imposition of any Lien on the Company, its Subsidiaries or the their properties or assets assets, and do not and will not give others a right to the acceleration, repurchase, redemption or repayment of all or any portion of indebtedness of the Company or the Material its Subsidiaries.