Compliance with Instruments, etc. Except as set forth on Schedule 3.5 hereto, neither the Company (nor the manner in which it conducts its business) is in breach or violation of, or in default under, any term or provision of (i) its organizational and governing documents, (ii) any indenture, mortgage, deed of trust, voting trust agreement, stockholders agreement, note 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 is or may be subject, or any indebtedness, the effect of which breach, violation or default, individually or in the aggregate, may have a Material Adverse Effect, or (iii) any statute, judgment, decree, order, rule or regulation applicable to the Company or of any arbitrator, court, regulatory body, administrative agency or any other governmental agency or body, domestic or foreign, having jurisdiction over the Company or any of its respective activities or properties and the effect of which breach, violation or default, individually or in the aggregate, could have a Material Adverse Effect.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Postabank Es Takarekrenztar), Securities Purchase Agreement (Hungarian Telephone & Cable Corp), Securities Purchase Agreement (Hungarian Telephone & Cable Corp)
Compliance with Instruments, etc. Except as set forth on Schedule 3.5 hereto, neither Neither the Company nor any Subsidiary (nor or the manner in which it any of them conducts its businessbusinesses) is in breach or violation of, or in default under, any term or provision of (i) its organizational and governing documentsCharter Documents, (ii) any indenture, mortgage, deed of trust, voting trust agreement, stockholders agreement, note 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 or assets is or may be subject, or any indebtedness, the effect of which breach, violation breach or default, individually or in the aggregate, may would have a Material Adverse Effect, or (iii) any statute, judgment, decree, order, rule or regulation applicable to the Company or any Subsidiary or of any arbitrator, court, regulatory body, administrative agency or any other governmental agency or body, domestic or foreign, having jurisdiction over the Company or any Subsidiary or any of its their respective activities activities, properties or properties assets and the effect of which breach, violation breach or default, individually or in the aggregate, could would have a Material Adverse Effect.
Appears in 1 contract
Samples: Subscription Agreement (Xceed Inc)