Common use of Authorization of Agreements, Etc Clause in Contracts

Authorization of Agreements, Etc. (a) The execution and delivery by the Company of this Agreement and the other Transaction Documents, the performance by the Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Senior Notes and the Warrants and the issuance and delivery of the Conversion Shares have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Company, any order of any court or other agency of government applicable to the Company, (ii) violate the Charter, or the By-laws of the Company, as amended (the “By-laws”) or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party or by which the Company is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the Company.

Authorization of Agreements, Etc. (a) The execution and delivery by the Company of this Agreement and the other Transaction DocumentsRegistration Rights Agreement Amendment, the performance by the Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Senior Notes and the Warrants Preferred Shares and the issuance and delivery of the Conversion Shares (as defined in Section 5.03) have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Certificate of Incorporation of the Company, as amended (ii) violate the "Charter"), or the By-laws of the Company, as amended (the “By-laws”) amended, or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party or by which the Company any of its respective properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the Company.

Authorization of Agreements, Etc. (ai) The execution and delivery by the Company of this Agreement and the other Transaction Documents, the performance by the Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Senior Notes Debentures and the Warrants and the issuance and delivery of the Conversion Shares have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Company, (ii) violate the Charter, or the By-laws certificate of incorporation of the Company, as amended (the “"Charter") or the by-laws of the Company, (the "By-laws”Laws") as amended, or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party or by which the Company any of its properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the Company.

Authorization of Agreements, Etc. (a) The execution and delivery by the Company of this Agreement Agreement, the Registration Rights Amendment and the other Transaction DocumentsStock Restriction Amendment, the performance by the Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Senior Notes and the Warrants Shares and the issuance and delivery of the Conversion Shares have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Amended and Restated Articles of Organization of the Company, as amended (iithe "Charter") violate the Charter, or the By-laws of the Company, as amended (the “By-laws”) amended, or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party Company, any of its subsidiaries or by which the Company any of their respective properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the CompanyCompany or any of its subsidiaries.

Authorization of Agreements, Etc. (a) The execution and delivery by the Company of this Agreement, the Registration Rights Agreement Amendment and the other Transaction DocumentsManagement Rights Agreements, the performance by the Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Senior Notes and the Warrants Preferred Shares and the issuance and delivery of the Conversion Shares have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Certificate of Incorporation of the Company, as amended (iithe "Charter") violate the Charter, or the By-laws of the Company, as amended (the “By-laws”) amended, or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party Company, any of its subsidiaries or by which the Company any of their respective properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the CompanyCompany or any of its subsidiaries.

Authorization of Agreements, Etc. (a) The execution and delivery by the Company of this Agreement, the Registration Rights Agreement Amendment and the other Transaction DocumentsManagement Rights Agreements, the performance by the Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Senior Notes and the Warrants Preferred Shares and the issuance and delivery of the Conversion Shares have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Certificate of Incorporation of the Company, as amended (iithe "Charter") violate the Charter, or the By-laws of the Company, as amended (the “By-laws”) amended, or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party or by which the Company any of its respective properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the Company.

Authorization of Agreements, Etc. (a) The Each of (i) the execution and delivery by the Company of this Agreement and the other Transaction DocumentsAgreement, (ii) the performance by the Company of its obligations hereunder and thereunderhereunder, (iii) the issuance, sale and delivery by the Company of the Senior Notes Series B Preferred Shares, and the Warrants and (iv) the issuance and delivery of the shares of Common Stock issuable upon the conversion of the Series B Preferred Shares (collectively, the "Conversion Shares Shares") have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Company, (ii) violate the Charter, Certificate of Incorporation or the By-laws of the Company, as amended (the “By-laws”) or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party or by which the Company any of its properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance Claim in favor of any nature whatsoever third person upon any of the properties or assets of the CompanyCompany or any of its subsidiaries.

Authorization of Agreements, Etc. (a) The execution and delivery by the Company of this Agreement Agreement, the Registration Rights Agreement, the First Purchase Warrant and the other Transaction DocumentsSecond Purchase Warrant, the performance by the Company of its obligations hereunder and thereunder, thereunder and the issuance, sale and delivery of the Senior Notes Common Stock and the Warrants common stock underlying the First Purchase Warrant and the issuance and delivery of the Conversion Shares Second Purchase Warrant have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Company, (ii) violate the Charter, Charter or the By-laws of the Company, as amended Company (the “"By-laws”) "), or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party a party, or by which the Company any of its properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the Company.

Authorization of Agreements, Etc. (a) The (i) execution and delivery by the Company of this Agreement and the other Transaction Loan Documents, the (ii) performance by of all obligations of the Company of its obligations hereunder under the Loan Documents and thereunder, the (iii) issuance, sale and delivery of the Senior Notes and the Warrants and the issuance and delivery of the Conversion Shares Notes, have been duly authorized by all requisite corporate action on the part of the Company, its officers, directors and stockholders, and have not and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Articles of Incorporation of the Company, as amended or supplemented (iithe "Articles") violate the Charter, or the By-laws Laws of the Company, as amended (the “"By-laws”) Laws"), or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party or by which the Company any of its respective properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, chargeencumbrance, restriction, claim or encumbrance restriction of any nature name whatsoever (a "Lien"), upon any of the properties or assets of the Company.

Authorization of Agreements, Etc. (a) The execution and delivery by the Company of this Agreement, of the Registration Rights Agreement (as such term is defined below) and of the other Transaction DocumentsStockholders’ Agreement (as such term is defined below), the performance by the Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Senior Notes and the Warrants Preferred Shares and the issuance and delivery of the Conversion Shares have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Company, any order of any court or other agency of government applicable to the Company, the Certificate of Incorporation of the Company (ii) violate the “Charter”), or the By-laws of the Company, as amended Company (the “By-laws”) ), or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party or by which the Company is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the Company.

Authorization of Agreements, Etc. (a) The execution and delivery by the Company of this Agreement and the other Transaction DocumentsDocuments to which it is a party, the performance by the Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Senior New Notes by the Company and the Warrants and the issuance and delivery reservation of the Conversion Shares by the Company have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Certificate of Incorporation of the Company, as amended to date (iithe “Charter”) violate the Charter, or the By-laws of the Company, as amended to date (the “By-laws”) ), or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party or by which the Company any of its Subsidiaries or any of its properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the CompanyCompany or any of its Subsidiaries.

Authorization of Agreements, Etc. (a) The execution and delivery by the Company of this Agreement, the Registration Rights Agreement, the Stock Restriction Agreement and the other Transaction DocumentsVoting Agreement, the performance by the Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Senior Notes and the Warrants Shares and the issuance and delivery of the Conversion Shares have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Restated Articles of Organization of the Company, as amended (iithe "Charter") violate the Charter, or the By-laws of the Company, as amended (the “By-laws”) amended, or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party Company, any of its subsidiaries or by which the Company any of their respective properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the CompanyCompany or any of its subsidiaries.

Authorization of Agreements, Etc. (a) The execution and delivery by the Company of this Agreement Agreement, the Registration Rights Amendment and the other Transaction DocumentsRestated Stock Restriction Agreement, the performance by the Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Senior Notes and the Warrants Preferred Shares and the issuance and delivery of the Conversion Shares have been duly authorized by all requisite corporate action and will not (i) violate any provision of any law applicable to the Companylaw, any order of any court or other agency of government applicable to government, the Articles of Incorporation of the Company, as amended (iithe "Charter") violate the Charter, or the By-laws of the Company, as amended (the “By-laws”) amended, or (iii) violate any provision of any indenture, agreement or other instrument to which the Company is party Company, any of its subsidiaries or by which the Company any of their respective properties or assets is bound, or conflict with, result in a breach of or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument, or result in the creation or imposition of any lien, charge, restriction, claim or encumbrance of any nature whatsoever upon any of the properties or assets of the Company or any of its subsidiaries. To the best of the Company.'s knowledge, no provision of the Restated Stock