Compliance with Certain Matters. Neither the Company nor any of its subsidiaries is in violation or default under or in breach of any provision of its Certificate of Incorporation, bylaws or other organizational document, any contract, covenant, agreement, instrument, document or Order to which it is a party or by which it is bound or any statute, law, rule or regulation applicable to it. The execution, delivery and performance of this Agreement and the Amended and Restated Registration Rights Agreement and the consummation of the transactions contemplated hereby and thereby will not result in any such violation or be in conflict with or constitute, with or without the passage of time and giving of notice, either a default under any such provision, contract, covenant, agreement, instrument, document, Order, statute, law, rule or regulation or an event that results in the creation of any Liens upon any assets of the Company or any of its subsidiaries or the suspension, revocation, impairment, forfeiture, or nonrenewal of any material permit, license, authorization, or approval applicable to the Company or any of its subsidiaries, their business or operations or any of their assets or properties.
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp), Series C Convertible Preferred Stock Purchase Agreement (Insci Corp)
Compliance with Certain Matters. Neither the Company nor any of its subsidiaries is in violation or default under or in breach of any material provision of its Certificate of Incorporation, bylaws Incorporation or other organizational documentBylaws, any contract, covenant, material agreement, instrument, document contract, document, judgment, order, writ or Order decree to which it is a party or by which it is bound or any federal or state statute, law, rule or regulation applicable to it. The execution, delivery and performance of this Agreement and the Amended and Restated Registration Rights Agreement Warrant and the consummation of the transactions contemplated hereby and thereby will not result in any such violation or be in conflict with or constitute, with or without the passage of time and giving of notice, either a default under any such material provision, contract, covenant, agreement, instrument, contract, document, Orderjudgment, order, writ, decree, statute, law, rule or regulation or an event that results in the creation of any Liens lien, charge or encumbrance upon any assets of the Company or any of its subsidiaries or the suspension, revocation, impairment, forfeiture, or nonrenewal of any material permit, license, authorization, or approval applicable to the Company or any of its subsidiaries, their business or operations or any of their assets or properties.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (SCP Private Equity Partners Ii Lp), Series C Preferred Stock Purchase Agreement (Usdata Corp)
Compliance with Certain Matters. Neither the Company nor any of its subsidiaries is in violation or default under or in breach of any provision of its Certificate of Incorporation, Certificate of Designation, bylaws or other organizational document, any contract, covenant, agreement, instrument, document or Order to which it is a party or by which it is bound or any statute, law, rule or regulation applicable to it. The execution, delivery and performance of this Agreement and the Amended and Restated Registration Rights Amendment to the Stockholders Agreement and the consummation of the transactions contemplated hereby and thereby will not result in any such violation or be in conflict with or constitute, with or without the passage of time and giving of notice, either a default under any such provision, contract, covenant, agreement, instrument, document, Order, statute, law, rule or regulation or an event that results in the creation of any Liens upon any assets of the Company or any of its subsidiaries or the suspension, revocation, impairment, forfeiture, or nonrenewal of any material permit, license, authorization, or approval applicable to the Company or any of its subsidiaries, their business or operations or any of their assets or properties.
Appears in 2 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Selway Partners LLC), Series C Convertible Preferred Stock Purchase Agreement (Insci Corp)