Conflict with Other Instruments, etc. Neither the execution and delivery of any 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 charter or the bylaws of Borrower 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 properties is bound or to which it or any of its 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: Loan and Security Agreement (Metabasis Therapeutics Inc), Equipment Loan and Security Agreement (Atheros Communications Inc), Loan and Security Agreement (Signal Pharmaceuticals Inc)
Conflict with Other Instruments, etc. Neither the execution and delivery of any Operative 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 charter certificate of incorporation and the by-laws, or the bylaws other organizational documents of Borrower or, to its knowledge, 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 properties is bound or to which it or any of its 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 (Nextcard Inc), Loan and Security Agreement (Array Biopharma Inc)
Conflict with Other Instruments, etc. Neither the execution and delivery of any Operative Document to which Borrower is a party panty 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 charter or the bylaws of Borrower 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 properties is bound or to which it or any of its properties is subject, or constitute a default thereunder or result in the creation or imposition of any Lien, other than Permitted Liens.
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