Common use of Compliance with Law and Charter Documents Clause in Contracts

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the Certificate of Incorporation or the Bylaws. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Globecomm Systems Inc), Securities Purchase Agreement (Serviceware Technologies Inc/ Pa), Securities Purchase Agreement (Stemcells Inc)

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Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as amended. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance violations that has not hadwould not, and would not reasonably be expected to haveeither individually or in the aggregate, have a Material Adverse Effect.

Appears in 4 contracts

Samples: Stock Purchase and Investor Rights Agreement (Xiox Corp), Stock Purchase and Investor Rights Agreement (At Comm Corp), Stock Purchase and Investor Rights Agreement (Xiox Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Amended and Restated Certificate of Incorporation or the Bylaws, each as amended. The Company has complied in all respects and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Physiometrix Inc), Common Stock Purchase Agreement (Vivus Inc), Common Stock Purchase Agreement (Vivus Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation Incorporation, as amended, or the Bylaws. The Company has complied in all material respects and is currently in compliance in all material respects with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 3 contracts

Samples: Purchase Agreement (Therma Wave Inc), Purchase Agreement (Therma Wave Inc), Purchase Agreement (Therma Wave Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or Bylaws, both as amended, and except for any violations that would not, either individually or in the Bylawsaggregate, have a Material Adverse Effect. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Intel Corp), Common Stock and Warrant Purchase Agreement (Xircom Inc), Common Stock and Warrant Purchase Agreement (Intel Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as amended. The Company has complied in all respects and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 2 contracts

Samples: Convertible Note and Warrant Purchase Agreement (Bulldog Technologies Inc), Corporation Common Stock Purchase Agreement (Gymboree Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the Certificate its Articles of Incorporation or the Bylaws, in each case as amended. The Company has and its subsidiaries have complied and is currently are in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business their respective businesses or properties, except for any instance of non-compliance that has not had, and where such failure to comply would not reasonably be expected likely to have, have a Material Adverse EffectEffect on the Company.

Appears in 2 contracts

Samples: Stock Purchase and Investor Rights Agreement (Gateway Co Inc), Purchase Agreement (Quepasa Com Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as amended. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any instance of non-compliance violations that has not hadwould not, and would not reasonably be expected to haveeither individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Micron Technology Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or Bylaws, both as amended, except for any violations that would not, either individually or in the Bylawsaggregate, have a Material Adverse Effect. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, and regulations and executive orders of the United States of America and all states thereofstates, foreign countries counties and other over governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cnet Inc /De)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation Incorporation, as amended, or the Bylaws. The Company has complied in all material respects and is currently in compliance in all material respects with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Purchase Agreement (Therma Wave Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, each as amended. The Company has complied in all respects and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Patient Infosystems Inc)

Compliance with Law and Charter Documents. (a) The Company is not in violation or default of any provisions of the Certificate Articles or Bylaws, both as amended, and to the best of Incorporation or the Bylaws. The Company's knowledge, except for any violations that individually and in the aggregate would have no material adverse impact on the Company's business, the Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and executive orders of the United States of America and all states thereofstates, foreign countries and or other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (PRB GasTransportation, Inc.)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hi/Fn Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as currently in effect. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Conversion Agreement (Digital Impact Inc /De/)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or By-Laws (each as in effect on the Bylawsdate hereof). The Company has complied in all respects and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Smith Micro Software Inc)

Compliance with Law and Charter Documents. The Company is not in ----------------------------------------- violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as amended. The Company has and its Subsidiaries have complied and is currently are in compliance with all applicable statutes, laws, rules, and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business and its Subsidiaries' businesses or properties, except for any instance of non-compliance violations that has not hadwould not, and would not reasonably be expected to haveeither individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (CMG Information Services Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as amended. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance violations that has not hadwould not, and would not reasonably be expected to haveeither individually or in the aggregate, have a Material Adverse Effect.. (i)

Appears in 1 contract

Samples: Corporation Stock Purchase and Investor Rights Agreement (Intel Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions provision of its Articles or Bylaws. Each of the Certificate of Incorporation or the Bylaws. The Company and its subsidiaries has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies authorities having jurisdiction over the Company's or any of its subsidiaries' business or properties, except for any instance of non-compliance violations that has not hadwould not, and would not reasonably be expected to haveeither individually or in the aggregate, have a Material Adverse EffectEffect on the Company.

Appears in 1 contract

Samples: Interest Purchase Agreement (Chequemate International Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as amended. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business business, assets or properties, except for any instance of non-compliance violations that has not hadwould not, and would not reasonably be expected to haveeither individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Amkor Technology Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the Certificate its Articles of Incorporation or the Bylaws, both as amended. The Company has complied in all material respects and is currently in material compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Rights Agreement (Intel Corp)

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Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the Certificate of Incorporation or the Bylaws. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biopure Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as amended. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance violations that has not hadwould not, and would not reasonably be expected to haveeither individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Intel Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions provision of the Certificate of Incorporation Articles or the Bylaws. The Each of the Company and its subsidiaries has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies authorities having jurisdiction over the Company's or any of its subsidiaries' business or properties, except for any instance of non-compliance violations that has not hadwould not, and would not reasonably be expected to haveeither individually or in the aggregate, have a Material Adverse EffectEffect on the Company.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Evans & Sutherland Computer Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Restated Certificate of Incorporation or the Bylaws. , each as amended The Company has complied in all respects and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Nutrition 21 Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the Certificate its Articles of Incorporation or the Bylaws, both as amended to date. The Company has complied and is currently in compliance in all material respects with all applicable statutes, laws, rulesregulations, regulations and executive orders of the United States of America and all states thereofstates, foreign countries counties, and other over governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Stock Purchase Agreement (Collegiate Pacific Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, in each case as amended. The Company has and its subsidiaries have complied and is currently are in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business their respective businesses or properties, except for any instance of non-compliance that has not had, and where such failure to comply would not reasonably be expected likely to have, have a Material Adverse EffectEffect on the Company.

Appears in 1 contract

Samples: Stock and Warrant Purchase and Investor Rights Agreement (Gateway Co Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the Certificate of Incorporation or the Bylaws. The Company has complied and is currently in material compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Iomai Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as amended. The Company has complied in all respects and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Proxim Inc /De/)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or Bylaws, both as amended, and except for any violations that would not, either individually or in the Bylaws. The aggregate, have a Material Adverse Effect, the Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and executive orders of the United States of America and all states thereofstates, foreign countries and or other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Phoenix Technologies LTD)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the Certificate of Incorporation or the Bylaws. The Company and each of its subsidiaries has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or each subsidiary's respective businesses or properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Roo Group Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as amended. The Company has complied in all material respects and is currently in material compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any instance of non-compliance that has not had, and where the failure to so materially comply would not reasonably be expected to have, likely have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase and Investor Rights Agreement (Panja Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of the its Certificate of Incorporation or the Bylaws, both as amended. The Company has complied with and is currently in compliance in all material respects with all applicable statutes, laws, rules, laws and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or and properties, except for any instance of non-compliance that has not had, and would not reasonably be expected to have, a Material Adverse Effect.

Appears in 1 contract

Samples: Agreement (Vitech America Inc)

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