Consents and Approvals; No Violation. Neither the execution, delivery and performance of the Transaction Documents to which Seller is a party nor the consummation by Seller of the transactions contemplated hereby and thereby will (i) conflict with or result in any breach of any provision of the certificate of incorporation or bylaws of Seller, (ii) with or without the giving of notice or lapse of time or both, conflict with, result in any violation or breach of, constitute a default under, result in any right to accelerate, result in the creation of any Lien on Seller’s assets, or create any right of termination under the conditions or provisions of any note, bond, mortgage, indenture, material agreement or other instrument or obligation to which Seller is a party or by which it, or any material part of its assets may be bound, in each case that would individually or in the aggregate result in a material adverse effect on the Seller or its ability to perform its obligations hereunder or (iii) constitute violations of any law, regulation, order, judgment or decree applicable to Seller, which violations, individually or in the aggregate, would result in a material adverse effect on the Seller or its ability to perform its obligations hereunder.
Appears in 16 contracts
Samples: Master Energy Server Purchase Agreement, Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)
Consents and Approvals; No Violation. Neither the execution, delivery and performance of the Transaction Documents to which Seller Buyer is a party nor the consummation by Seller Buyer of the transactions contemplated hereby and thereby will (i) conflict with or result in any breach of any provision of the certificate articles of incorporation or bylaws formation of SellerBuyer nor Buyer’s limited liability company agreement, (ii) with or without the giving of notice or lapse of time or both, conflict with, result in any violation or breach of, constitute a default under, result in any right to accelerate, result in the creation of any Lien on SellerBuyer’s assets, or create any right of termination under the conditions or provisions of any note, bond, mortgage, indenture, material agreement or other instrument or obligation to which Seller Buyer is a party or by which it, or any material part of its assets may be bound, in each case that would individually or in the aggregate result in a material adverse effect on the Seller Buyer or its ability to perform its obligations hereunder or (iii) constitute violations of any law, regulation, order, judgment or decree applicable to SellerBuyer, which violations, individually or in the aggregate, would result in a material adverse effect on the Seller Buyer or its ability to perform its obligations hereunder.
Appears in 5 contracts
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Consents and Approvals; No Violation. Neither the execution, delivery and performance of the Transaction Documents to which Seller is a party nor the consummation by Seller of the transactions contemplated hereby and thereby will (i) conflict with or result in any breach of any provision of the certificate of incorporation or bylaws of Seller, (ii) with or without the giving of notice or lapse of time or both, conflict with, result in any violation or breach of, constitute a default under, result in any right to accelerate, result in the creation of any Lien on Seller’s assets, or create any right of termination under the conditions or provisions of any note, bond, mortgage, indenture, material agreement or other instrument or obligation to which Seller is a party or by which it, or any material part of its assets may be bound, in each case that would individually or in the aggregate result in a material adverse effect on the Seller or its ability to perform its obligations hereunder or (iii) constitute violations of any law, regulation, order, judgment or decree applicable to Seller, which violations, individually or in the aggregate, would result in a material adverse effect on the Seller or its ability to perform its obligations hereunder.
Appears in 5 contracts
Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)
Consents and Approvals; No Violation. Neither the execution, delivery and performance of this Agreement nor the other Transaction Documents to which Seller Owner is a party nor the consummation by Seller Owner of the transactions contemplated hereby and thereby will (i) conflict with or result in any breach of any provision of the certificate articles of incorporation or bylaws formation of SellerOwner nor Owner’s limited liability company agreement, (ii) with or without the giving of notice or lapse of time or both, conflict with, result in any violation or breach of, constitute a default under, result in any right to accelerate, result in the creation of any Lien on SellerOwner’s assets, or create any right of termination under the conditions or provisions of any note, bond, mortgage, indenture, material agreement or other instrument or obligation to which Seller Owner is a party or by which it, or any material part of its assets may be bound, in each case that would individually or in the aggregate result in a material adverse effect Material Adverse Effect on the Seller Owner or its ability to perform its obligations hereunder or (iii) constitute violations of any law, regulation, order, judgment or decree applicable to SellerOwner, which violations, individually or in the aggregate, would result in a material adverse effect Material Adverse Effect on the Seller Owner or its ability to perform its obligations hereunder.
Appears in 2 contracts
Samples: Master Operations and Maintenance Agreement (Bloom Energy Corp), Master Operations and Maintenance Agreement (Bloom Energy Corp)
Consents and Approvals; No Violation. Neither the execution, delivery and performance of this Agreement nor the other Transaction Documents to which Seller Operator is a party nor the consummation by Seller Operator of the transactions contemplated hereby and thereby will (i) conflict with or result in any breach of any provision of the certificate of incorporation or bylaws of SellerOperator, (ii) with or without the giving of notice or lapse of time or both, conflict with, result in any violation or breach of, constitute a default under, result in any right to accelerate, result in the creation of any Lien (other than Permitted Liens) on SellerOperator’s assets, or create any right of termination under the conditions or provisions of any note, bond, mortgage, indenture, any material agreement or other instrument or obligation to which Seller Operator is a party or by which it, or any material part of its assets may be bound, in each case that would individually or in the aggregate result in a material adverse effect Material Adverse Effect on the Seller Operator or its ability to perform its obligations hereunder or (iii) constitute violations of any law, regulation, order, judgment or decree applicable to SellerOperator, which violations, individually or in the aggregate, would result in a material adverse effect Material Adverse Effect on the Seller Operator or its ability to perform its obligations hereunder.
Appears in 1 contract
Samples: Master Operations and Maintenance Agreement (Bloom Energy Corp)
Consents and Approvals; No Violation. Neither the execution, delivery and performance of this Agreement nor the other Transaction Documents to which Seller Buyer is a party nor the consummation by Seller Buyer of the transactions contemplated hereby and thereby will (i) conflict with or result in any breach of any provision of the certificate articles of incorporation or bylaws formation of SellerBuyer nor Buyer’s limited liability company agreement, (ii) with or without the giving of notice or lapse of time or both, conflict with, result in any violation or breach of, constitute a default under, result in any right to accelerate, result in the creation of any Lien on SellerBuyer’s assets, or create any right of termination under the conditions or provisions of any note, bond, mortgage, indenture, material agreement or other instrument or obligation to which Seller Buyer is a party or by which it, or any material part of its assets may be bound, in each case that would individually or in the aggregate result in a material adverse effect Material Adverse Effect on the Seller Buyer or its ability to perform its obligations hereunder or (iii) constitute violations of any law, regulation, order, judgment or decree applicable to SellerBuyer, which violations, individually or in the aggregate, would result in a material adverse effect Material Adverse Effect on the Seller Buyer or its ability to perform its obligations hereunder.
Appears in 1 contract
Samples: Fuel Cell System Supply and Installation Agreement (Bloom Energy Corp)
Consents and Approvals; No Violation. Neither the execution, delivery and performance of this Agreement nor the other Transaction Documents to which Seller Operator is a party nor the consummation by Seller Operator of the transactions contemplated hereby and thereby will (i) conflict with or result in any breach of any provision of the certificate of incorporation or bylaws of SellerOperator, (ii) with or without the giving of notice or lapse of time or both, conflict with, result in any violation or 38 breach of, constitute a default under, result in any right to accelerate, result in the creation of any Lien (other than Permitted Liens) on SellerOperator’s assets, or create any right of termination under the conditions or provisions of any note, bond, mortgage, indenture, any material agreement or other instrument or obligation to which Seller Operator is a party or by which it, or any material part of its assets may be bound, in each case that would individually or in the aggregate result in a material adverse effect Material Adverse Effect on the Seller Operator or its ability to perform its obligations hereunder or (iii) constitute violations of any law, regulation, order, judgment or decree applicable to SellerOperator, which violations, individually or in the aggregate, would result in a material adverse effect Material Adverse Effect on the Seller Operator or its ability to perform its obligations hereunder.
Appears in 1 contract
Samples: Master Operations and Maintenance Agreement (Bloom Energy Corp)