Common use of Authorization of Agreements, Etc Clause in Contracts

Authorization of Agreements, Etc. (a) The execution and delivery by the Corporation of this Agreement and each of the other Related Documents, the performance by the Corporation of its obligations hereunder and thereunder, the issuance, sale and delivery of the Series B Shares and the issuance and delivery of the Conversion Shares have been duly authorized by all requisite corporate action and will not violate any provision of law, any order of any court or other agency of government, the Restated Certificate of Incorporation or the By-laws of the Corporation, as amended, or any provision of any indenture, agreement or other instrument to which the Corporation 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 Corporation.

Authorization of Agreements, Etc. (a) The execution and delivery by the Corporation Company of this Agreement and each of the other Related DocumentsAgreement, the performance by the Corporation Company of its obligations hereunder hereunder, and thereunder, the issuance, sale and delivery of the Series B Shares and the issuance and delivery of the Conversion Shares Warrants have been duly authorized by all requisite corporate action and will not violate any provision of applicable law, any order of any court or other agency of government, the Restated Certificate Articles of Incorporation of the Company, as amended (the “Charter”), or the By-laws Bylaws of the CorporationCompany, as amended, or any provision of any indenture, agreement or other instrument to which the Corporation Company, any of its subsidiaries or any of its 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 CorporationCompany or any of its subsidiaries except for such violations or conflicts which would not have a material adverse effect on the Company and its subsidiaries taken as a whole.

Authorization of Agreements, Etc. (a) The execution and delivery by the Corporation Company of this Agreement and each of the other Related DocumentsAgreement, the performance by the Corporation Company of its obligations hereunder hereunder, and thereunder, the issuance, sale and delivery of the Series B Shares C Preferred and the issuance and delivery of the Conversion Shares Warrants have been duly authorized by all requisite corporate action and will not violate any provision of applicable law, any order of any court or other agency of government, the Restated Certificate Articles of Incorporation of the Company, as amended (the “Charter”), or the By-laws Bylaws of the CorporationCompany, as amended, or any provision of any indenture, agreement or other instrument to which the Corporation Company, any of its subsidiaries or any of its 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 CorporationCompany or any of its subsidiaries except for such violations or conflicts which would not have a material adverse effect on the Company and its subsidiaries taken as a whole.

Authorization of Agreements, Etc. (a) The execution and delivery by the Corporation Company of this Agreement and each of the other Related DocumentsAgreements, the performance by the Corporation Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Series B Shares and the issuance and delivery of the Conversion Shares and the Series H Shares have been duly authorized by all requisite corporate action and will not violate any provision of law, any order of any court or other agency of government, the Restated Certificate of Incorporation Charter, or the By-laws of the CorporationCompany, as amended, or any provision of any indenture, agreement or other instrument to which the Corporation Company, 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 CorporationCompany.

Authorization of Agreements, Etc. (a) The execution and delivery by the Corporation Company of this Agreement, the Registration Rights Agreement Amendment and each of the other Related DocumentsStock Purchase Warrant, the performance by the Corporation Company of its obligations hereunder and thereunder, the issuance, sale and delivery of the Series B Shares and the issuance and delivery of the Conversion Shares have been duly authorized by all requisite corporate action and will not violate any provision of law, any order of any court or other agency of government, the Restated Certificate of Incorporation of the Company, as amended (the "Charter") or the By-laws of the CorporationCompany, as amended, or any provision of any indenture, agreement or other instrument to which the Corporation Company or 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 CorporationCompany.

Authorization of Agreements, Etc. (ac) The execution and delivery by the Corporation Company of this Agreement and each of the other Related DocumentsAgreement, the performance by the Corporation Company of its obligations hereunder and thereunderhereunder, the issuance, sale and delivery of the Series B Shares Notes and the issuance and delivery of the Conversion Shares Warrants have been duly authorized by all requisite corporate action and will not violate any provision of law, any order of any court or other agency of government, the Restated Certificate of Incorporation (the "Charter") or the By-laws of the CorporationCompany, as amended, or any provision of any indenture, contract, agreement or other instrument to which the Corporation Company or any of its properties or assets is boundbound (including, without limitation, that certain line of credit agreement between the Company and Silicon Valley Bank), 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, contract, 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 CorporationCompany.