Common use of Compliance with Instruments, etc Clause in Contracts

Compliance with Instruments, etc. Neither the Company nor any of its Subsidiaries is in breach or violation of, or in default under, any term or provision of (i) its Articles of Incorporation and Bylaws, (ii) other than as set forth in Schedule 3.1(d), any indenture, mortgage, deed of trust, voting trust agreement, stockholders agreement, note agreement, debt instrument or other agreement or instrument to which it is a party or by which it is bound or to which any of its Property is subject, the effect of which breach, violation or default, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect, or (iii) any applicable statute, judgment, decree, order, rule or regulation of any arbitrator or any Governmental Authority having jurisdiction over the Company or any of its Subsidiaries or any of their respective activities or properties and the effect of which breach, violation or default, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Investment Agreement (Diligenti LTD), Loan and Investment Agreement (Healthcomp Evaluation Services Corp)

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Compliance with Instruments, etc. Neither the Company nor any of its Subsidiaries is in breach or violation of, or in default under, any term or provision of (i) its Memorandum and Articles of Incorporation and Bylaws(or similar organizational documents), (ii) other than as set forth in Schedule 3.1(d), any indenture, mortgage, deed of trust, voting trust agreement, stockholders agreement, note agreement, debt instrument or other agreement or instrument to which it is a party or by which it is bound or to which any of its Property is subject, the effect of which breach, violation or default, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect, or (iii) any applicable statute, judgment, decree, order, rule or regulation of any arbitrator or any Governmental Authority having jurisdiction over the Company or any of its Subsidiaries or any of their respective activities or properties and the effect of which breach, violation or default, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Investment Agreement, Loan and Investment Agreement (Hemisphere Capital LLC)

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Compliance with Instruments, etc. Neither TheCompany (or the Company nor any of manner in which it conducts its Subsidiaries business) is not in breach or violation of, or in default under, any term or provision of (i) its Articles of Incorporation and Bylawsthe Charter Documents, (ii) other than as set forth in Schedule 3.1(d), any indenture, mortgage, deed of trust, voting trust agreement, stockholders agreement, note agreement, debt instrument agreement or other agreement or instrument to which it is a party or by which it is or may be bound or to which any of its Property property or assets is or may be subject, or any indebtedness, the effect of which breach, violation breach or default, individually or in the aggregate, would reasonably be expected likely to have a Material Adverse Effect, or (iii) any applicable statute, judgment, decree, order, rule or regulation applicable to the Company or of any arbitrator arbitrator, court, regulatory body, administrative agency or any Governmental Authority other governmental agency or body, domestic or foreign, having jurisdiction over the Company or any of its Subsidiaries activities, properties or any of their respective activities or properties assets and the effect of which breach, violation breach or default, individually or in the aggregate, would reasonably be expected likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Subscription Agreement (Centura Software Corp)

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