Absence of Breach or Default. The Company and each of the Subsidiaries is not in breach or default of, and the execution and delivery of the Transaction Documents and the performance by the Company of its obligations hereunder or thereunder, the issue and sale of the Offered Securities, the Broker Options, the Broker Option Shares, the Broker Option Warrants and the Broker Option Warrant 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 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 Subsidiaries which are in effect at the date of hereof; (C) any Material Agreement or Debt Instrument; or (D) any judgment, decree or order binding the Company, any of the Subsidiaries or the properties or assets of the Company or the Subsidiaries.
Appears in 1 contract
Samples: Agency Agreement
Absence of Breach or Default. The Company and each of the Subsidiaries is are not currently in breach conflict with, or in breach, violation or default of, and the execution and delivery of the Transaction Documents and the performance by the Company of its obligations hereunder or thereunder, the issue and sale of the Offered Securities, the Broker OptionsCompensation Securities, the Broker grant of the Over-Allotment Option Shares, the Broker Option Warrants and the Broker Option Warrant 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 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 Subsidiaries which are in effect at the date of hereof; (C) any Material Agreement or Debt Instrument; or (D) any judgment, decree or order binding the Company, any of the Subsidiaries or the properties or assets of the Company or the Subsidiaries.
Appears in 1 contract
Samples: Underwriting Agreement
Absence of Breach or Default. The Company and each of the Subsidiaries is are not currently in breach conflict with, or in breach, violation or default of, and the execution and delivery of the Transaction Documents and the performance by the Company of its obligations hereunder or thereunder, the issue and sale of the Offered Securities, the Broker OptionsCompensation Securities, the Broker grant of the Over-Allotment Option Shares, the Broker Option Warrants and the Broker Option Warrant 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 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 Subsidiaries which are in effect at the date of hereof; (C) any Material Agreement or Debt Instrument; or (D) any judgment, decree or order binding the Company, any of the Subsidiaries or the properties or assets of the Company or the SubsidiariesSubsidiaries except, in the case of clauses (C) and (D) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement
Absence of Breach or Default. The Company Corporation and each of the Subsidiaries is are not currently in breach conflict with, or in breach, violation or default of, and the execution and delivery of the Transaction Documents and the performance by the Company Corporation of its obligations hereunder or thereunder, the issue and sale of the Offered Securities, the Broker OptionsCompensation Securities, the Broker grant of the Over-Allotment Option Shares, the Broker Option Warrants and the Broker Option Warrant 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 Corporation or any of the Subsidiaries, including the Securities Laws; (B) the constating documents or resolutions of the directors (including of committees thereof) or shareholders of the Company Corporation and each of the Subsidiaries which are in effect at the date of hereof; (C) any Material Agreement or Debt Instrument; or (D) any judgment, decree or order binding the CompanyCorporation, any of the Subsidiaries or the properties or assets of the Company Corporation or the Subsidiaries.
Appears in 1 contract
Samples: Underwriting Agreement