Burdensome and Conflicting Agreements and Charter Provisions. Neither the execution or delivery of the Transaction Documents by the Company, nor the offering, issuance and sale of the Securities by the Company, nor fulfillment of, or compliance with, the terms and provisions of the Transaction Documents and the Series A Preferred Stock by the Company, nor the issuance of Series A Preferred Stock upon exercise of the Series A Preferred Stock Warrants, nor the issuance by the Company of shares of Common Stock upon conversion of the Series A Preferred Stock as provided in the Certificate of Designations, or upon exercise of the Common Stock Warrants or the Placement Agent Warrants, will, except as set forth in Schedule 5.4, conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any lien upon any of the properties or assets of the Company or any of its Subsidiaries, or require any consent, approval or other action by, or notice to, or filing with, any court or administrative or governmental body or any other Person or pursuant to the Certificate of Incorporation or by–laws of the Company or the certificate of incorporation or by-laws of any of the Company’s Subsidiaries, any award of any arbitrator or any material agreement (including any agreement with stockholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company or any of its Subsidiaries is subject, except for such approvals or waivers as may be required in connection with fulfillment of, or compliance with, the Investor Rights Agreement, which shall have been obtained by the Closing Date.
Burdensome and Conflicting Agreements and Charter Provisions. The Company is not subject to any charter or other restriction or to any judgment, order, rule or regulation of any court or government body which materially and adversely affects, or in the future may (so far as the Company can now foresee) materially and adversely affect, the business, prospects, operations, properties, assets or condition (financial or otherwise) of the Company, nor is it a party to any instrument or agreement which in its reasonable business judgment materially and adversely affects, or in the future may (so far as the Company can now foresee) materially and adversely affect, the business, prospects, operations, properties, assets or condition (financial or otherwise) of the Company. Neither the execution and delivery of any of the Basic Agreements to which the Company is a party, nor the offering, sale and issuance of any of the Bonds, nor the consummation of the transactions herein or therein contemplated, nor the fulfillment of or compliance with the terms and provisions hereof or thereof conflicts with, or results in a breach of, or constitutes a default under, or results in or requires the creation of any lien (other than that created by the Bank Mortgage or by any other security agreements or comparable instruments delivered to the Bank in connection with the issuance of the Letter of Credit) in respect of any properties or assets of the Company pursuant to, or requires any authorization, consent, approval, exemption or other action by, or any notice to, or registration, qualification or filing with, or any other action with respect to, any court, governmental body or any other Person (other than those already obtained, taken or made, and other than as contemplated by the Basic Agreements) pursuant to the terms, conditions or provisions of any applicable law (including any securities or Blue Sky law), rule, regulation, charter, bylaw, agreement, instrument, judgment or order by which the Company is bound or to which the Company or any of its properties is subject.
Burdensome and Conflicting Agreements and Charter Provisions. Neither the execution or delivery of the Transaction Documents by the Company, nor the offering, issuance and sale of the Securities by the Company, nor fulfillment of, or compliance with, the terms and provisions of the Transaction Documents, nor the issuance by the Company of shares of Common Stock upon exercise of the Common Stock Warrants, will, except as set forth in Schedule 5.4, conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any lien upon any of the properties or assets of the Company or any of its Subsidiaries, or require any consent, approval or other action by, or notice to, or filing with, any court or administrative or governmental body or any other Person or pursuant to the Certificate of Incorporation or by-laws of the Company or the certificate of incorporation or by-laws of any of the Company’s Subsidiaries, any award of any arbitrator or any material agreement (including any agreement with stockholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company or any of its Subsidiaries is subject, except for such approvals or waivers as may be required in connection with fulfillment of, or compliance with, the Certificate of Designation, Investor Rights Agreement, Common Stock Warrants Issued to Preferred Holders and Stockholders Agreement, which shall have been obtained by the Closing Date.
Burdensome and Conflicting Agreements and Charter Provisions. Neither the execution or delivery of the Transaction Documents by the Company, nor the offering, issuance and sale of the Securities by the Company, nor fulfillment of, or compliance with, the terms and provisions of the Transaction Documents, nor the issuance by the Company of shares of Common Stock upon exercise of the Common Stock Warrants, will, except as set forth in SCHEDULE 5.4, conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any lien upon any of the properties or assets of the Company or any of its Subsidiaries, or require any consent, approval or other action by, or notice to, or filing with, any court or administrative or governmental body or any other Person or pursuant to the Certificate of Incorporation or by-laws of the Company or the certificate of incorporation or by-laws of any of the Company's Subsidiaries, any award of any arbitrator or any material agreement (including any agreement with stockholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company or any of its Subsidiaries is subject, except for such approvals or waivers as may be required in connection with fulfillment of, or compliance with, the Certificate of Designation, Investor Rights Agreement, Common Stock Warrants Issued to Preferred Holders and Stockholders Agreement, which shall have been obtained by the Closing Date.
Burdensome and Conflicting Agreements and Charter Provisions. Neither the Company nor any Subsidiary is a party to any contract or agreement or subject to any charter or other corporate restriction which materially and adversely affects its business as currently conducted, properties or assets or financial condition. Neither the execution nor delivery of this Agreement, the Notes, the Purchased Shares by the Company, nor the offering, issuance and sale of the Notes by the Company, nor fulfillment of nor compliance with the terms and provisions of this Agreement, the Notes or the Purchased Shares by the Company, nor the issuance by the Company of shares of Common Stock upon conversion of the Purchased Shares or exercise of the Warrant, will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary pursuant to, or require any consent, approval or other action by any court or administrative or governmental body or any other Person pursuant to, the charter or by-laws of the Company or any Subsidiary, any award of any arbitrator or any agreement (including any agreement with shareholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company or any Subsidiary is subject, except for such approval as may be required in connection with fulfillment of, or compliance with, the provisions of paragraph 9 or 11 hereof. Neither the Company nor any Subsidiary is a party to, or otherwise subject to any provision contained in, any instrument evidencing Indebtedness of the Company or such Subsidiary, any agreement relating thereto or any other contract or agreement (including its charter) which, except to the extent complied with by the Company or consented to in connection with the execution of this Agreement and the issuance of the Notes, restricts or otherwise limits the incurring of the Indebtedness evidenced by the Notes.
Burdensome and Conflicting Agreements and Charter Provisions. Neither the execution or delivery of the Transaction Documents by the Company, nor the offering, issuance and sale of the Securities by the Company, nor fulfillment of, or compliance with, the terms and provisions of the Transaction Documents, nor the issuance by the Company of shares of Series D Preferred Stock upon exercise of the Series D Warrants, shares of Common Stock upon exercise of the Common Stock Warrants and shares of Common Stock upon conversion of shares of Series D Preferred Stock will, except as set forth in Schedule 5.4, conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any lien upon any of the properties or assets of the Company or any of its Subsidiaries, or require any consent, approval or other action by, or notice to, or filing with, any court or administrative or governmental body or any other Person or pursuant to the Certificate of Incorporation or by-laws of the Company or the certificate of incorporation or by-laws of any of the Company's Subsidiaries, any award of any arbitrator or any material agreement (including any agreement with stockholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company or any of its Subsidiaries is subject.
Burdensome and Conflicting Agreements and Charter Provisions. Neither the execution or delivery of the Transaction Documents by the Company, nor fulfillment of, or compliance with, the terms and provisions of the Transaction Documents by the Company will, except as set forth in Schedule 5.4, conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any lien upon any of the properties or assets of the Company or its Subsidiary, or require any consent, approval or other action by, or notice to, or filing with, any court or administrative or governmental body or any other Person or pursuant to the certificate of incorporation or by-laws of the Company or the certificate of incorporation or by-laws of the Subsidiary, any award of any arbitrator or any material agreement (including any agreement with stockholders), instrument, order, judgment, decree, statute, law, rule or regulation to which the Company or its Subsidiary is subject, except for such approvals or waivers identified on Schedule 5.4, which shall have been obtained by the Closing Date.
Burdensome and Conflicting Agreements and Charter Provisions. Neither the execution or delivery of the Transaction Documents by the Company, nor fulfillment of, or compliance with, the terms and provisions of the Transaction Documents by the Company will, except as set forth in Schedule 5.4, conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation
Burdensome and Conflicting Agreements and Charter Provisions. Neither the execution nor delivery of this Agreement by CRI, nor fulfillment of nor compliance with the terms and provisions of this Agreement, will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties or assets of CRI or any of its subsidiaries pursuant to, or require any consent, approval or other action by any court or administrative or governmental body or any other person or business entity pursuant to the Certificate of Incorporation of CRI or any of its subsidiaries, any award of any arbitrator or any material agreement, instrument, order, judgment, decree, statute, law, rule or regulation to which CRI or any of its subsidiaries is subject except as have been or will be obtained.
Burdensome and Conflicting Agreements and Charter Provisions. Neither the execution nor delivery of this Agreement and the Registration Rights Agreement by the Company, nor the offering, issuance and sale of the Preferred Stock by the Company, nor fulfillment of nor compliance with the terms and provisions of this Agreement, the Registration Rights Agreement and of the Preferred Stock by the Company, nor the issuance by the Company of shares of Common Stock upon conversion of the Preferred Stock as provided in the Certificate of Designation, will conflict with, or result in a breach of the terms, conditions or provisions of, or constitute a default under, or result in any violation of, or result in the creation of any Lien upon any of the properties or assets of the Company or any Significant Subsidiary pursuant to, or require any consent, approval or other action by any court or administrative or governmental body or any other Person pursuant to the Certificate of Incorporation or By-laws of the Company or any Significant Subsidiary, any award of any arbitrator or any material agreement (including any agreement with stockholders), instrument, order, judgment, decree, statute, law, rule or regulation any of which are material to which the Company or any Significant Subsidiary is subject, except for such approvals as may be required in connection with fulfillment of, or compliance with, the Registration Rights Agreements and the approvals identified on Exhibit V-G, which shall have been obtained by the Closing Date.
