Common use of Compliance with Agreements; Certain Agreements Clause in Contracts

Compliance with Agreements; Certain Agreements. (a) Except as disclosed in the Inprise Reports filed prior to the date of this Agreement, neither Inprise nor any of its Subsidiaries nor, to the knowledge of Inprise, any other party is in breach or violation of, or in default in the performance or observance of any term or provision of, and no event has occurred which, with notice or lapse of time or both, could be reasonably expected to result in a default under, (i) the certificates or articles of incorporation or bylaws (or other comparable charter documents) of Inprise or any of its Subsidiaries or (ii) any Contract to which Inprise or any of its Subsidiaries is a party or by which Inprise or any of its Subsidiaries or any of their respective assets or properties is bound, except in the case of clause (ii) for breaches, violations and defaults which, individually or in the aggregate, are not having and could not be reasonably expected to have a material adverse effect on Inprise and its Subsidiaries taken as a whole. Except for this Agreement and those agreements and other documents filed as exhibits to the Inprise Reports or set forth in Section 3.11 of the Inprise Disclosure Letter, as of the date of this Agreement, neither Inprise nor any of its Subsidiaries is a party to or bound by any non-competition agreement or other agreement or arrangement that materially restricts it or any of its Subsidiaries from competing in any line of business.

Compliance with Agreements; Certain Agreements. (a) Except as disclosed in the Inprise Corel Reports filed prior to the date of this Agreement, neither Inprise Corel nor any of its Subsidiaries nor, to the knowledge of InpriseCorel, any other party thereto is in breach or violation of, or in default in the performance or observance of any term or provision of, and no event has occurred which, with notice or lapse of time or both, could be reasonably expected to result in a default under, (i) the certificates or articles of incorporation or bylaws (or other comparable charter documents) of Inprise Corel or any of its Subsidiaries or (ii) any Contract to which Inprise Corel or any of its Subsidiaries is a party or by which Inprise Corel or any of its Subsidiaries or any of their respective assets or properties is bound, except in the case of clause (ii) for breaches, violations and defaults which, individually or in the aggregate, are not having and could not be reasonably expected to have a material adverse effect on Inprise Corel and its Subsidiaries taken as a whole. Except for this Agreement and those agreements and other documents filed as exhibits to the Inprise Corel Reports or set forth in Section 3.11 4.11 of the Inprise Corel Disclosure Letter, as of the date of this Agreement, neither Inprise Corel nor any of its Subsidiaries is a party to or bound by any non-competition agreement or other agreement or arrangement that materially restricts it or any of its Subsidiaries from competing in any line of business.

Compliance with Agreements; Certain Agreements. (a) Except as disclosed in the Inprise SoftQuad Reports filed prior to the date of this Agreement, neither Inprise SoftQuad nor any of its Subsidiaries nor, to the knowledge of InpriseSoftQuad, any other party is in breach or violation of, or in default in the performance or observance of any term or provision of, and no event has occurred which, with notice or lapse of time or both, could be reasonably expected to result in a default under, (i) the certificates or articles of incorporation or bylaws (or other comparable charter documents) of Inprise SoftQuad or any of its Subsidiaries or (ii) any Contract to which Inprise SoftQuad or any of its Subsidiaries is a party or by which Inprise SoftQuad or any of its Subsidiaries or any of their respective assets or properties is bound, except in the case of clause (ii) for breaches, violations and defaults which, individually or in the aggregate, are not having and could not be reasonably expected to have a material adverse effect on Inprise SoftQuad and its Subsidiaries taken as a whole. Except for this Agreement and those agreements and other documents filed as exhibits to the Inprise SoftQuad Reports or set forth in Section 3.11 of the Inprise SoftQuad Disclosure Letter, as of the date of this Agreement, neither Inprise SoftQuad nor any of its Subsidiaries is a party to or bound by any non-competition agreement or other agreement or arrangement that materially restricts it or any of its Subsidiaries from competing in any line of business.

Compliance with Agreements; Certain Agreements. (a) Except as disclosed in the Inprise Lynx Reports filed prior to the date of this Agreement, neither Inprise Lynx nor any of its Subsidiaries nor, to the knowledge of InpriseLynx, any other party thereto is in breach or violation of, or in default in the performance or observance of any term or provision of, and no event has occurred which, with notice or lapse of time or both, could be reasonably expected to result in a default under, (i) the certificates or articles of incorporation or bylaws (or other comparable charter documents) of Inprise Lynx or any of its Subsidiaries or (ii) any Contract to which Inprise Lynx or any of its Subsidiaries is a party or by which Inprise Lynx or any of its Subsidiaries or any of their respective assets or properties is bound, except in the case of clause (ii) for breaches, violations and defaults which, individually or in the aggregate, are not having and could not be reasonably expected to have a material adverse effect on Inprise Lynx and its Subsidiaries taken as a whole. Except for this Agreement and those agreements and other documents filed as exhibits to the Inprise Lynx Reports or set forth in Section 3.11 4.11 of the Inprise Lynx Disclosure Letter, as of the date of this Agreement, neither Inprise Lynx nor any of its Subsidiaries is a party to or bound by (i) any material contract or (ii) any non-competition agreement or other agreement or arrangement that materially restricts it or any of its Subsidiaries from competing in any line of business.. (b) Except as disclosed in Section 4.11 of the Lynx Disclosure Letter or in the Lynx Reports filed prior to the date of this Agreement or as provided for in this Agreement, as of the date hereof, neither Lynx nor any of its Subsidiaries is a party to any oral or written (i) consulting agreement not terminable on A-18