Common use of Conflicting Agreements and Other Matters Clause in Contracts

Conflicting Agreements and Other Matters. Neither the execution and delivery of this Agreement nor the consummation by Buyer of the transactions contemplated hereby in accordance with the terms hereof, will conflict with, result in a breach of the terms, conditions or provisions of, constitute a default under, result in the creation of any mortgage, security interest, encumbrance, lien or charge of any kind upon any of the properties or assets of Buyer pursuant to, or require any consent, approval or other action by or any notice to or filing with any Government Authority pursuant to, the organizational documents or agreements of Buyer or any agreement, instrument, order, judgment, decree, statute, law, rule or regulation by which Buyer is bound, except for filings after any Closing under Section 13(d) or Section 16 of the Exchange Act.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Fac Realty Trust Inc), Stock Purchase Agreement (Prometheus Southeast Retail LLC), Stock Purchase Agreement (Lfsri Ii Alternative Partnership L P)

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Conflicting Agreements and Other Matters. Neither the execution and delivery of this Agreement the Transaction Documents nor the consummation performance by Buyer the Purchaser of the transactions contemplated hereby in accordance with the terms hereof, its obligations thereunder will conflict with, result in a breach of the terms, conditions or provisions of, constitute a default under, result in the creation of any mortgage, security interest, encumbrance, lien or charge of any kind Lien upon any of the properties or assets of Buyer the Purchaser pursuant to, or require any consent, approval or other action by or any notice to or filing with any Government Authority Entity pursuant to, the organizational documents or agreements of Buyer the Purchaser or any agreement, instrument, order, judgment, decree, statute, law, rule or regulation by which Buyer the Purchaser is bound, except for any filings after any the Closing under Section 13(d) or Section 16 of the Exchange Act.

Appears in 2 contracts

Samples: Stock Purchase Agreement (A123 Systems, Inc.), Stock Purchase Agreement (IHI Corp)

Conflicting Agreements and Other Matters. Neither the execution and delivery of this Agreement and the Registration Rights Agreement nor the consummation performance by Buyer each Purchaser of its obligations hereunder (including without limitation the purchase by the Purchasers of the transactions contemplated hereby in accordance with Note and the terms hereof, Shares) or thereunder will (i) conflict with, result in a breach of the terms, conditions or provisions of, constitute a default under, result in the creation of any mortgage, security interest, encumbrance, lien or charge of any kind Lien upon any of the properties or assets of Buyer the Purchasers pursuant to, or (ii) require any consent, approval or other action by or any notice to or filing with any Government Authority Entity pursuant to, the organizational documents or agreements of Buyer the Purchasers or any agreement, instrument, order, judgment, decree, statute, law, rule or regulation by which Buyer is bound, the Purchasers are bound except for filings after any each Closing under Section 13(d) or Section 16 of the Exchange Act.

Appears in 2 contracts

Samples: Investment Agreement (Xoma LTD /De/), Investment Agreement (Xoma LTD /De/)

Conflicting Agreements and Other Matters. Neither the execution and delivery of this Agreement Agreement, nor the consummation performance by Buyer of the transactions contemplated hereby in accordance with the terms hereofits obligations hereunder, will conflict with, result in a breach of the terms, conditions or provisions of, constitute a default under, result in the creation of any mortgage, security interest, encumbrance, lien Lien or charge of any kind upon any of the properties or assets of Buyer Buyer, pursuant to, or require any consent, approval or other action by or any notice to or filing with any Government Authority pursuant to, the organizational documents or agreements of Buyer Buyer, or any agreement, instrument, order, judgment, decree, statute, law, rule or regulation by which Buyer is bound, except for filings after any Closing Stock Purchase under Section 13(d) or Section 16 of the Exchange Act.

Appears in 1 contract

Samples: Stock Purchase Agreement (Burnham Pacific Properties Inc)

Conflicting Agreements and Other Matters. Neither the execution and delivery of this Agreement nor the consummation performance by Buyer of the transactions contemplated hereby in accordance with the terms hereof, its obligations hereunder will conflict with, result in a breach of the terms, conditions or provisions of, constitute a default under, result in the creation of any mortgage, security interest, encumbrance, lien or charge of any kind upon any of the properties or assets of Buyer pursuant to, or require any consent, approval or other action by or any notice to or filing with any Government Authority pursuant to, the organizational documents or agreements of Buyer or any agreement, instrument, order, judgment, decree, statute, law, rule or regulation by which Buyer is bound, except for any filings after any Closing under Section required by Sections 13(d) or Section and 16 of the Exchange ActAct following each Closing.

Appears in 1 contract

Samples: Share Purchase Agreement (American Industrial Properties Reit Inc)

Conflicting Agreements and Other Matters. Neither the execution and delivery of this Agreement nor the consummation performance by such Buyer of the transactions contemplated hereby in accordance with the terms hereof, its obligations hereunder will conflict with, result in a breach of the terms, conditions or provisions of, constitute a default under, result in the creation of any mortgage, security interest, encumbrance, lien or charge of any kind upon any of the properties or assets of such Buyer pursuant to, or require any consent, approval or other action by or any notice to or filing with any Government Authority pursuant to, the organizational documents or agreements of such Buyer or any agreement, instrument, order, judgment, decree, statute, law, rule or regulation by which such Buyer is bound, except for filings under the HSR Act and filings after any the Closing under Section 13(d) or Section 16 of the Exchange Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Futurelink Corp)

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Conflicting Agreements and Other Matters. Neither the execution and delivery of this Agreement nor the consummation performance by Buyer of the transactions contemplated hereby in accordance with the terms hereof, its obligations hereunder will conflict with, result in a breach of the terms, conditions or provisions of, constitute a default under, result in the creation of any mortgage, security interest, encumbrance, lien or charge of any kind upon any of the properties or assets of Buyer pursuant to, or require any consent, approval or other action by or any notice to or filing with any Government Authority pursuant to, the organizational documents or agreements of Buyer or any agreement, instrument, order, judgment, decree, statute, law, rule or regulation by which Buyer is bound, except for any filings after any Closing under Section required by Sections 13(d) or Section and 16 of the Exchange Act.

Appears in 1 contract

Samples: Stock Purchase Agreement (Progressive Corp/Oh/)

Conflicting Agreements and Other Matters. Neither the execution and delivery of this Agreement Agreement, nor the consummation performance by Buyer of the transactions contemplated hereby in accordance with the terms hereofits obligations hereunder, will conflict with, result in a breach of the terms, conditions or provisions of, constitute a default under, result in the creation of any mortgage, security interest, encumbrance, lien or charge of any kind upon any of the properties or assets of Buyer Buyer, pursuant to, or require any consent, approval or other action by or any notice to or filing with any Government Authority pursuant to, the organizational documents or agreements of Buyer Buyer, or any agreement, instrument, order, judgment, decree, statute, law, rule or regulation by which Buyer is bound, except for filings after any Closing under Section 13(d) or Section 16 of the Exchange Act.

Appears in 1 contract

Samples: Stock Purchase Agreement (Berkshire Realty Co Inc /De)

Conflicting Agreements and Other Matters. Neither the execution and delivery of this Agreement nor the consummation performance by such Buyer of the transactions contemplated hereby in accordance with the terms hereof, its obligations hereunder will conflict with, result in a breach of the terms, conditions or provisions of, constitute a default under, result in the creation of any mortgage, security interest, encumbrance, lien or charge of any kind upon any of the properties or assets of such Buyer pursuant to, or require any consent, approval or other action by or any notice to or filing with any Government Authority pursuant to, the organizational documents or agreements of such Buyer or any agreement, instrument, order, judgment, decree, statute, law, rule or regulation by which such Buyer is bound, except for filings after any the Closing under Section 13(d) or Section 16 of the Exchange Act.

Appears in 1 contract

Samples: Securities Purchase Agreement (Futurelink Corp)

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