Common use of COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC Clause in Contracts

COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in violation of any term of the Restated Articles or the By-Laws, or in any material respect of any term or provision of any mortgage, indenture, contract, agreement, instrument, judgment or decree, and to the best of its knowledge, is not in violation of any order, statute, rule or regulation applicable to the Company, which violation reasonably would be expected to have a material adverse effect on the Company's business, condition (financial or otherwise), prospects or operations. The execution, delivery and performance of and compliance with the Transaction Documents and the issuance of the Shares, the Warrants and the Common Stock issuable upon conversion of the Shares and the exercise of the Warrants, as the case may be, have not resulted and will not result in any violation of, or conflict with, or constitute a default under, or result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company, and there is no such violation or default or event that, with the passage of time or giving of notice or both, would constitute a violation or default which materially and adversely affects the Company's business, condition (financial or otherwise), prospects or operations.

COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company -------------------------------------------------------- is not in violation of any term of the Restated Articles of Incorporation or the By-By- Laws, or in any material respect of any term or provision of any material mortgage, indenture, contract, indebtedness, lease, agreement, instrument, judgment or decree. The Company, and to the best of its knowledge, is not in violation of any order, statute, rule or regulation applicable to the Company, which violation reasonably would be expected to have a material adverse effect on the Company's business, condition (financial or otherwise), prospects or operations. The execution, delivery and performance of and compliance with the Transaction Documents this Agreement, and the issuance of the Shares, the Warrants Shares and the Common Stock issuable upon conversion of the Shares and the exercise of the Warrants, as the case may beShares, have not resulted and will not result in any violation of, or conflict with, or constitute a default under, or result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company, ; and there is no such violation or default or event thatwhich, with the passage of time or giving of notice or both, would constitute a violation or default which materially and adversely affects the Company's business, condition (financial business of the Company or otherwise), prospects any of its properties or operationsassets.

COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The ------------------------------------------------------- Company is not in violation of of: (i) any term of the Restated Articles or the By-Lawsits Certificate of Incorporation, or its Bylaws; (ii) in any material respect of respect, any term or provision of any mortgage, indebtedness, indenture, contract, agreement, instrument, judgment or decree, ; and (iii) to the best of its knowledge, is not in violation of any order, statute, rule or regulation applicable to the CompanyCompany except for such violations that would not, which violation reasonably would be expected to individually or in the aggregate, have a material adverse effect on the Company's business, condition (financial or otherwise), prospects or operationseffect. The execution, delivery and performance of and compliance with the Transaction Documents this Agreement, and the issuance of the Shares, the Warrants and the Common Stock issuable upon conversion of the Shares and the exercise of the Warrants, as the case may beConversion Shares, have not resulted and will not result in any violation of, or conflict with, or constitute a default under, the Company's Certificate of Incorporation or its Bylaws, and have not and will not result in any material violation of, or conflict with, or constitute a material default under, any of its agreements nor result in the creation of, of any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company, and there is no such violation or default or event that, with the passage of time or giving of notice or both, would constitute a violation or default which materially and adversely affects the Company's business, condition (financial or otherwise), prospects or operations.

COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The ------------------------------------------------------- Company is not in violation of any term of the its Restated Articles Certificate of Incorporation or the By-Lawslaws, nor is the Company in violation of or in default in any material respect of any term or provision under the terms of any mortgage, indenture, contract, agreement, instrument, judgment or decree, the violation of which would have a material adverse effect on the Company as a whole, and to the best of its knowledge, is not in violation of any order, statute, rule or regulation applicable to the Company, the violation of which violation reasonably would be expected to have a material adverse effect on the Company's business, condition (financial or otherwise), prospects or operations. The execution, delivery and performance of and compliance with this Agreement and each of the Transaction Documents Collateral Agreements, and the issuance of the Shares, the Warrants and the Common Stock issuable upon conversion sale of the Shares and Warrants pursuant hereto or of the exercise Warrant Shares pursuant to the terms of the Warrants, as the case may be, have not resulted and will not (a) result in any violation ofsuch violation, or (b) be in conflict with, with or constitute a default underunder any such term, or (c) result in the creation of, of any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company pursuant to any such term. To the best knowledge of the Company, and there is no such violation or default or event that, with the passage of time or giving of notice or both, would constitute a violation or default term which materially and adversely affects affects, or in the Company's future may materially adversely affect, the business, condition (financial prospects, condition, affairs or otherwise), prospects operations of the Company or operationsany of its properties or assets.

COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company -------------------------------------------------------- is not in violation of any term of the Restated Articles of Incorporation or the By-By- Laws, or in any material respect of any term or provision of any material mortgage, indenture, contract, agreementindebtedness, lease, agree ment, instrument, judgment or decree. The Company, and to the best of its knowledge, is not in violation of any order, statute, rule or regulation applicable to the Company, which violation reasonably would be expected to have a material adverse effect on the Company's business, condition (financial or otherwise), prospects or operations. The execution, delivery and performance of and compliance with the Transaction Documents this Agreement, and the issuance of the Shares, the Warrants Shares and the Common Stock issuable upon conversion of the Shares and the exercise of the Warrants, as the case may beShares, have not resulted and will not result in any violation of, or conflict with, or constitute a default under, or result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company, ; and there is no such violation or default or event thatwhich, with the passage of time or giving of notice or both, would constitute a violation or default which materially and adversely affects the Company's business, condition (financial business of the Company or otherwise), prospects any of its properties or operationsassets.

COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The ------------------------------------------------------- Company is not in violation of any term of the Restated its Articles or the By-LawsBylaws, or in any material respect of any term or provision of any material mortgage, indebtedness, indenture, contract, agreement, instrument, judgment or decree, and to the best of its knowledge, knowledge is not in violation of any order, statute, rule or regulation applicable to the Company, which Company where such violation reasonably would be expected to have a material adverse effect on materially and adversely affect the Company's business, condition (financial or otherwise), prospects or operations. The execution, delivery and performance of and compliance with the Transaction Documents this Agreement, and the issuance of the Shares, the Shares and Warrants and the Common Stock issuable upon conversion of the Shares and the exercise of the Warrants, as the case may be, have not resulted and will not result in any material violation of, or conflict with, or constitute a material default under, the Company's Articles or Bylaws or any of its material agreements or result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company, ; and there is no such violation or default or event that, with the passage of time or giving of notice or both, would constitute a violation or default which materially and adversely affects the Company's business, condition (financial business of the Company or otherwise), prospects any of its properties or operationsassets.