Common use of Absence of Defaults, Conflicts, etc Clause in Contracts

Absence of Defaults, Conflicts, etc. The execution and delivery of this Agreement do not, and the fulfillment of the terms hereof by the Company, and the issuance of the Shares will not, result in a breach of any of the terms, conditions or provisions of, or constitute a default under, or permit the acceleration of rights under or termination of, any indenture, mortgage, deed of trust, credit agreement, note or other evidence of indebtedness, or other material agreement of the Company (collectively the "Key Agreements and Instruments"), or the Restated Certificate of Incorporation or the Amended and Restated By-Laws of the Company, or any rule or regulation of any court or federal or state regulatory board or body or administrative agency having jurisdiction over the Company or over its properties or businesses. No event has occurred and no condition exists which, upon notice or the passage of time, would constitute a default under any such Key Agreements and Instruments or in any material license, permit or authorization to which the Company is a party or by which it may be bound.

Absence of Defaults, Conflicts, etc. The execution and delivery of this Agreement do notand the other instruments and documents contemplated hereby, and the fulfillment of the terms hereof and thereof by the Company, and the issuance of the Shares Exchange Equity Consideration (and the Common Stock issuable upon conversion or exercise of the Warrants) will not, not result in a breach of any of the terms, conditions or provisions of, or constitute a default under, or permit the acceleration of rights under or termination of, any indenture, mortgage, deed of trust, credit agreement, note or other evidence of indebtedness, or other material agreement of the Company (collectively the "Key Agreements and Instruments"), or the Restated Certificate of Incorporation Charter or the Amended and Restated By-Laws Bylaws of the Company, or any rule or regulation of any court or federal federal, state or state foreign regulatory board or body body, or administrative agency having jurisdiction over the Company or over its properties or businesses. No event has occurred and no condition exists which, upon notice or the passage of timetime (or both), would constitute a default under any such Key Agreements and Instruments or in under any material license, permit or authorization to which the Company is a party or by which it may be bound.

Absence of Defaults, Conflicts, etc. The execution and delivery of this Agreement the Transaction Documents do not, and the fulfillment consummation of the terms hereof transactions contemplated hereby and thereby by the Company, and the issuance of the Shares will not, result in a breach of any of the terms, conditions or provisions of, or constitute a default under, or permit the acceleration of rights under or termination of, any indenture, mortgage, deed of trust, credit agreement, note or other evidence of indebtedness, or other material agreement of the Company (collectively the "Key Agreements and Instruments"), or the Restated Certificate of Incorporation or the Amended and Restated By-Laws of the CompanyOrganizational Documents, or any rule or regulation of any court or federal federal, state or state foreign regulatory board or body or administrative agency having jurisdiction over the Company or over its properties or businesses. No event has occurred and no condition exists which, upon notice or the passage of timetime (or both), would constitute a default under any such Key Agreements and Instruments or in any material license, permit or authorization to which the Company is a party or by which it may be bound.

Absence of Defaults, Conflicts, etc. The Except as set forth on Schedule 2.6, the execution and delivery of this Agreement do notthe Transaction Documents, and the fulfillment of the terms hereof and thereof by the Company, and the issuance of the Shares and the Warrant Shares will not, result in a breach of any of the terms, conditions or provisions of, or constitute a default under, or permit the acceleration of rights under or termination of, any indenture, mortgage, deed of trust, credit agreement, note or other evidence of indebtedness, or other material agreement of the Company or any of its subsidiaries (collectively the "Key Agreements and Instruments"), or the Restated Certificate of Incorporation or the Amended and Restated By-Laws of the CompanyOrganizational Documents, or any rule or regulation of any court or federal federal, state or state foreign regulatory board or body or administrative agency having jurisdiction over the Company or any of its subsidiaries or over its their respective properties or businesses. No event has occurred and no condition exists which, upon notice or the passage of timetime (or both), would constitute a default under any such Key Agreements and Instruments or in any material license, permit or authorization to which the Company or any subsidiary is a party or by which it any of them may be bound.