Common use of Conflict with Other Instruments, etc Clause in Contracts

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 30 contracts

Samples: Security Agreement, Subordinated Convertible Loan Facility and Security Agreement, Venture Loan and Security Agreement

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Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Operative Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, charter or the by-laws, or any other organizational documents bylaws of Borrower or or, to its knowledge, any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property properties is bound or to which it or any of its Property properties is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 10 contracts

Samples: Equipment Loan and Security Agreement (Atheros Communications Inc), Equipment Loan and Security Agreement (Metabasis Therapeutics Inc), Loan and Security Agreement (Tripath Imaging Inc)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality Governmental Authority by which Borrower or any Subsidiary or any of their respective property or assets may be bound or affected or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 7 contracts

Samples: Venture Loan and Security Agreement (Ceribell, Inc.), Venture Loan and Security Agreement (Ceribell, Inc.), Venture Loan and Security Agreement (CVRx, Inc.)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate articles of incorporation, incorporation and the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property properties is bound or to which it or any of its Property properties is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 7 contracts

Samples: Equipment Loan and Security Agreement (Renovis Inc), Term Loan and Security Agreement (Intarcia Therapeutics, Inc), Equipment Loan and Security Agreement (Renovis Inc)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, incorporation and the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property properties is bound or to which it or any of its Property properties is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 4 contracts

Samples: Loan and Security Agreement (Riverbed Technology, Inc.), Loan and Security Agreement (Array Biopharma Inc), Loan and Security Agreement (Array Biopharma Inc)

Conflict with Other Instruments, etc. Neither the execution and ------------------------------------ delivery of any Loan Operative Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, charter or the by-laws, or any other organizational documents bylaws of Borrower or or, to its knowledge, any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property properties is bound or to which it or any of its Property properties is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 3 contracts

Samples: Loan and Security Agreement (Corsair Communications Inc), Loan and Security Agreement (Onvia Com Inc), Loan and Security Agreement (Corsair Communications Inc)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens, to the extent that any of the foregoing would reasonably be expected to have a material adverse effect on Borrower’s business.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Entropic Communications Inc), Venture Loan and Security Agreement (Entropic Communications Inc)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation by Borrower of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default by Borrower thereunder or result in the creation or imposition of any LienLien on any property of Borrower, other than Permitted Liens.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp), Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp)

Conflict with Other Instruments, etc. Neither the execution and ------------------------------------- delivery of any Loan Operative Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, charter or the by-laws, or any other organizational documents bylaws of Borrower or or, to its knowledge, any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property properties is bound or to which it or any of its Property properties is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 2 contracts

Samples: Loan and Security Agreement (Exodus Communications Inc), Loan Agreement (Pilot Network Services Inc)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental Governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (eASIC Corp), Venture Loan and Security Agreement (eASIC Corp)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a material breach of any of the terms, conditions or provisions of the certificate of incorporation, the by-laws, laws or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality applicable to or binding upon Borrower or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Anadys Pharmaceuticals Inc)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, incorporation and the by-laws, or any other organizational documents of Borrower or in any material respect with any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property properties is bound or to which it or any of its Property properties is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Aruba Networks, Inc.)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate articles of incorporation, the by-lawsbylaws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Northstar Neuroscience, Inc.)

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Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, the by-laws, laws or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality applicable to or binding upon Borrower or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound bound, in each case, to the extent such breach or default would reasonably be expected to have a material adverse effect on Borrower or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Myogen Inc)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which any Co-Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, the by-laws, or any other organizational documents of any Co-Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which any Co-Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Satcon Technology Corp)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate articles of incorporation, the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Cereplast Inc)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which any Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate Organizational Documents of incorporation, the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower any Borrowers is a party or by which it any Borrower or any of its Property is bound or to which it any Borrower or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Everyday Health, Inc.)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a material breach of any of the terms, conditions or provisions of the certificate articles of incorporation, incorporation and the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property properties is bound or to which it or any of its Property properties is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Hemosense Inc)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will materially conflict with or result in a any material breach of any of the terms, conditions or provisions of the certificate of incorporation, incorporation and the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Nuvasive Inc)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, the by-laws, or any other organizational documents of Borrower or any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property is bound or to which it or any of its Property is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Venture Loan and Security Agreement (Infinity Pharmaceuticals, Inc.)

Conflict with Other Instruments, etc. Neither the execution and delivery of any Loan Operative Document to which Borrower is a party nor the consummation of the transactions therein contemplated nor compliance with the terms, conditions and provisions thereof will conflict with or result in a breach of any of the terms, conditions or provisions of the certificate of incorporation, charter or the by-laws, or any other organizational documents bylaws of Borrower or on to its knowledge, any law or any regulation, order, writ, injunction or decree of any court or governmental instrumentality or any material agreement or instrument to which Borrower is a party or by which it or any of its Property properties is bound or to which it or any of its Property properties is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Netscreen Technologies Inc)

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