Common use of Absence of Conflicts Clause in Contracts

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 24 contracts

Samples: Private Equity Line Agreement (Fonix Corp), Private Equity Line Agreement (Fonix Corp), Stock Purchase Agreement (Chromatics Color Sciences International Inc)

AutoNDA by SimpleDocs

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 21 contracts

Samples: Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc), Private Equity Line of Credit Agreement (Integrated Surgical Systems Inc), Preferred Stock Purchase Agreement (Integrated Surgical Systems Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (cb) conflict with or constitute a material default thereunder, (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 14 contracts

Samples: Private Equity Line of Credit Agreement (Wealthhound Com Inc), Private Equity Line of Credit Agreement (Commercial Concepts Inc), Private Equity Line of Credit Agreement (Select Media Communications Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not to the Investor's knowledge (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which the Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Fibercore Inc), Stock Purchase Agreement (International Fibercom Inc), Stock Purchase Agreement (Practice Works Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated hereby, the Transaction Documents and the consummation of the transactions contemplated thereby, hereby and thereby and compliance with the requirements hereof and thereof, will not (a) result in a violation of the organizational documents of the Investor; (b) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on the Investor, or, to the Investor's knowledge, (bc) violate any provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which the Investor or any of its assets is bound, (c) or conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract contract, instrument, agreement, relationship or legal obligation to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 6 contracts

Samples: Securities Purchase Agreement (XChange TEC.INC), Securities Purchase Agreement (QUHUO LTD), Securities Purchase Agreement (Baosheng Media Group Holdings LTD)

Absence of Conflicts. The execution execution, delivery and delivery performance of this Agreement and any each other document or instrument contemplated herebyTransaction Document, and the consummation of the transactions contemplated hereby and thereby, and compliance with the requirements thereofhereof and thereof by the Investor, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, Investor or (ba) violate any provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which the Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, ; or (ed) require the approval of any third-third party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 6 contracts

Samples: Securities Purchase Agreement (BioMETRX), Securities Purchase Agreement (BioMETRX), Securities Purchase Agreement (Cdknet Com Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated therebyhereby, and compliance with the requirements thereofhereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (cb) conflict with or constitute a material default thereunder, (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 6 contracts

Samples: Common Stock Purchase Agreement (Science Dynamics Corp), Equity Line of Credit Agreement (Homeseekers Com Inc), Private Equity Line of Credit Agreement (Imaging Technologies Corp/Ca)

Absence of Conflicts. The execution and delivery of this --------------------- Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree decree, administrative action or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 5 contracts

Samples: Private Equity Line of Credit Agreement (Worldwide Wireless Networks Inc), Private Equity Line of Credit Agreement (Worldwide Wireless Networks Inc), Private Equity Line of Credit Agreement (Worldwide Wireless Networks Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebythe agreements the forms of which are attached as Exhibits hereto and executed in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, Investor or (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 5 contracts

Samples: Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Debenture Purchase Agreement (Teleservices International Group Inc), Debenture and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on the Investor, or, to or the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which the Investor or any of its assets is bound, (c) or conflict with or constitute a material default thereunder, (d) or result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, or (e) require the approval of any third-third party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 5 contracts

Samples: Structured Equity Line Flexible Financing Agreement (Cygnus Inc /De/), Structured Equity Line Flexible Financing Agreement (Immunomedics Inc), Structured Equity Line Flexible Financing Agreement (Sciclone Pharmaceuticals Inc)

Absence of Conflicts. The execution and delivery of this -------------------- Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (cb) conflict with or constitute a material default thereunder, (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 4 contracts

Samples: Private Equity Line of Credit Agreement (Team Communications Group Inc), Private Equity Line of Credit Agreement (Sonic Solutions/Ca/), Stock Purchase Agreement (Sonic Solutions/Ca/)

Absence of Conflicts. The execution and delivery of this Agreement and any the other document or instrument contemplated herebyTransaction Documents to which the Purchaser is a party, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, Purchaser or (ba) violate any provision of any indenture, instrument or agreement to which Investor Purchaser is a party or is subject, or by which Investor Purchaser or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor Purchaser to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor Purchaser is subject or to which any of its assets, operations or management may be subject.

Appears in 4 contracts

Samples: Note and Warrant Purchase Agreement (National Coal Corp), Note and Warrant Purchase Agreement (National Coal Corp), Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree decree, administrative action or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 4 contracts

Samples: Private Equity Line of Credit Agreement (Paradigm Medical Industries Inc), Private Equity Line of Credit Agreement (Paradigm Medical Industries Inc), Private Equity Line of Credit Agreement (Paradigm Medical Industries Inc)

Absence of Conflicts. The execution and delivery of this -------------------- Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (b) (a) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (e) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Sonic Solutions/Ca/), Private Equity Line Agreement (Sonic Solutions/Ca/), Private Equity Line Agreement (Sonic Solutions/Ca/)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated hereby and thereby, and compliance with the requirements hereof and thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on the Investor, or, to or the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which the Investor or any of its assets is bound, (c) or conflict with or constitute a material default thereunder, (d) or result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, or (e) require the approval of any third-third party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 4 contracts

Samples: Equity Line Financing Agreement (Corzon Inc), Equity Line Financing Agreement (Asm International N V), Structured Equity Line Flexible Financing Agreement (Elcom International Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on InvestorInvestors, or, to the Investor's Investors knowledge, (ba) violate any provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which Investor the Investors or any of its their assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor Investors to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is the Investors are subject or to which any of its their assets, operations or management may be subject.

Appears in 3 contracts

Samples: Unit Purchase Agreement (Pacific Webworks Inc), Stock Purchase Agreement (Whole Living Inc), Unit Purchase Agreement (Medi Hut Co Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to or the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (c) or conflict with or constitute a material default thereunder, (d) or result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (e) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 3 contracts

Samples: Structured Equity Line Flexible Financing Agreement (Connetics Corp), Structured Equity Line Flexible Financing Agreement (Connective Therapeutics Inc), Private Equity Line of Credit Agreement (Advanced Media Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any the other document or instrument contemplated herebyTransaction Documents to with the Purchaser is a party, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, Purchaser or (ba) violate any provision of any indenture, instrument or agreement to which Investor Purchaser is a party or is subject, or by which Investor Purchaser or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor Purchaser to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor Purchaser is subject or to which any of its assets, operations or management may be subject.

Appears in 3 contracts

Samples: Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc), Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not to the Investor's knowledge (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which the Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Practice Works Inc), Stock Purchase Agreement (Practice Works Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on InvestorInvestors, or, to the Investor's Investors knowledge, (ba) violate any provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which Investor the Investors or any of its their assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor Investors to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is the Investors are subject or to which any of its their assets, operations or management may be maybe subject.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Pacific Webworks Inc), Unit Purchase Agreement (View Systems Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated hereby and thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on such Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which such Investor is a party or is subject, or by which such Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by such Investor to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which such Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 2 contracts

Samples: Stock Subscription Agreement (Objectsoft Corp), Stock Subscription Agreement (Objectsoft Corp)

Absence of Conflicts. The execution and delivery of this ---------------------- Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated therebyhereby, and compliance with the requirements thereofhereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (cb) conflict with or constitute a material default thereunder, (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 2 contracts

Samples: Private Equity Line of Credit Agreement (Staruni Corp), Private Equity Line of Credit Agreement (Staruni Corp)

Absence of Conflicts. The execution and delivery of this Agreement and any other document documents or instrument contemplated herebyinstruments executed in connection herewith, and the consummation of the transactions contemplated hereby and thereby, and compliance with the requirements thereof, will not (a) violate the Investor's organizational documents or any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, applicable to the Investor's knowledge, (b) violate any or the provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which the Investor or any of its assets is bound, (c) or conflict with or constitute a material default thereunder, (d) or result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, or (e) require the approval of any third-third party (that has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 2 contracts

Samples: Common Stock Investment Agreement (Penederm Inc), Common Stock Investment Agreement (Penederm Inc)

Absence of Conflicts. The execution and delivery of this -------------------- Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated therebyhereby, and compliance with the requirements thereofhereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (cb) conflict with or constitute a material default thereunder, (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Econnect), Common Stock Purchase Agreement (Econnect)

AutoNDA by SimpleDocs

Absence of Conflicts. The execution and delivery of this Agreement the Transaction Documents and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on the Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which the Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Deere & Co), Stock Purchase Agreement (Xata Corp /Mn/)

Absence of Conflicts. The execution and delivery of this -------------------- Agreement and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cbcom Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets assets, is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Private Equity Line of Credit Agreement (Environmental Remediation Holding Corp)

Absence of Conflicts. The execution and delivery of this -------------------- Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Private Equity Line of Credit Agreement (Focus Enhancements Inc)

Absence of Conflicts. The execution and delivery of this -------------------- Agreement and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not to the Investor's knowledge (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which the Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dauphin Technology Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, does not and will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Private Equity Line of Credit Agreement (Blue Sky Communications Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on the Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Purchase Agreement (Muse Technologies Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on the Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which the Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Selling Stockholder Agreement (Deere & Co)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions 14 contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to or the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (c) or conflict with or constitute a material default thereunder, (d) or result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (e) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Private Equity Line of Credit Agreement (Zila Inc)

Absence of Conflicts. The execution and delivery of this -------------------- Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation -creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Private Equity Line of Credit Agreement (Cytrx Corp)

Absence of Conflicts. The execution execution, delivery and delivery performance of -------------------- this Agreement and any each other document or instrument contemplated herebyTransaction Document, and the consummation of the transactions contemplated hereby and thereby, and compliance with the requirements thereofhereof and thereof by such Investor, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, such Investor or (ba) violate any provision of any indenture, instrument or agreement to which such Investor is a party or is subject, or by which such Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by such Investor to any third party, ; or (ed) require the approval of any third-third party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which such Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Securities Purchase Agreement (Stan Lee Media Inc)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Private Equity Line Agreement (Female Health Co)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated hereby, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, to the Investor's knowledge, (b) violate any provision of any indenture, instrument or agreement to which Investor is a party or is subject, or by which Investor or any of its assets is bound, (c) conflict with or constitute a material default thereunder, (d) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by Investor to any third party, or (e) require the approval of any third-party (that has not been obtained) pursuant to any material contract to which Investor is subject or to which any of its assets, operations or management may be subject.any

Appears in 1 contract

Samples: Private Equity Line Agreement (Somanetics Corp)

Absence of Conflicts. The execution and delivery of this Agreement Investment and any other document documents or instrument contemplated herebyinstruments executed in connection herewith, and the consummation of the transactions contemplated hereby and thereby, and compliance with the requirements thereof, will not (a) violate the Investor's organizational documents or any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on Investor, or, applicable to the Investor's knowledge, (b) violate any or the provision of any indenture, instrument or agreement to which the Investor is a party or is subject, or by which the Investor or any of its assets is bound, (c) or conflict with or constitute a material default thereunder, (d) or result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by the Investor to any third party, or (e) require the approval of any third-third party (that has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which the Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Common Stock Investment Agreement (Angeion Corp/Mn)

Absence of Conflicts. The execution and delivery of this Agreement and any other document or instrument contemplated herebyexecuted in connection herewith, and the consummation of the transactions contemplated thereby, and compliance with the requirements thereof, will not (a) violate any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on such Investor, or, to the Investor's knowledge, (ba) violate any provision of any indenture, instrument or agreement to which such Investor is a party or is subject, or by which such Investor or any of its assets is bound, ; (cb) conflict with or constitute a material default thereunder, ; (dc) result in the creation or imposition of any lien pursuant to the terms of any such indenture, instrument or agreement, or constitute a breach of any fiduciary duty owed by such Investor to any third party, ; or (ed) require the approval of any third-party (that which has not been obtained) pursuant to any material contract contract, agreement, instrument, relationship or legal obligation to which such Investor is subject or to which any of its assets, operations or management may be subject.

Appears in 1 contract

Samples: Stock Subscription Agreement (Objectsoft Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!