Common use of COMPLIANCE WITH OTHER DOCUMENTS AND CONTEMPLATED TRANSACTIONS Clause in Contracts

COMPLIANCE WITH OTHER DOCUMENTS AND CONTEMPLATED TRANSACTIONS. Except for, and subject to the receipt of the Required Consents, all of which are set forth in ANNEX 6(d), the execution, delivery and performance by the Company of this Agreement and the Designations, each in accordance with their respective terms, and the consummation of the transactions contemplated by this Agreement and the Designations, do not and will not (i) require any consent, approval, authorization, permit or license which has not already been obtained from, or effect any filing or registration which has not already been effected with, any federal, state or local regulatory authority, (ii) violate any Applicable Law with respect to the Company, (iii) conflict with, result in a breach of, or constitute a default under the Certificate of Incorporation or the bylaws of the Company, or under any indenture, agreement, or other instrument, including the Licenses, to which the Company or any Subsidiary of the Company is a party or by which any such company or its properties may be bound, or (iv) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by the Company or any of its Subsidiaries. All Notification and Report Forms required to be filed under the HSR Act with respect to the transactions contemplated by this Agreement have been filed and the applicable waiting period under the HSR Act has been terminated.

COMPLIANCE WITH OTHER DOCUMENTS AND CONTEMPLATED TRANSACTIONS. Except for, and subject to the receipt of the Required Consents, all of which are set forth in ANNEX 6(d), the The execution, delivery and performance by the Company of this Agreement, the Warrants, the Registration Agreement and the DesignationsStockholders Agreement, each in accordance with their respective terms, and the consummation of the transactions contemplated by this Agreement hereby and the Designationsthereby, do not and will not (i) require any consent, approval, authorization, permit or license which has not already been obtained from, or require the Company to effect any filing or registration which has not already been effected with, any federal, state or local regulatory authority, (ii) violate any Applicable Law with respect to the Company, except any such violation which would not be reasonably likely to have a Materially Adverse Effect, (iii) conflict with, result in a breach of, or constitute a default under (a) the Certificate of Incorporation or the bylaws Bylaws of the Company, Company or under (b) any indenture, agreement, credit facility or other instrument, including the Licenses, instrument to which the Company or any Subsidiary of the Company is a party or by which any such company or its properties may be bound, bound or (iv) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by the Company or any of its Subsidiaries. All Notification and Report Forms required to be filed under the HSR Act with respect to the transactions contemplated by this Agreement have been filed and the applicable waiting period under the HSR Act has been terminated.