Debt and Other Contracts. Except as disclosed in Schedule 3.19, neither the Company nor any of its Subsidiaries (i) has maintained a Lien securing obligations in any material amounts, either singly or in the aggregate; (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other parties to such contract, agreement or instrument would result in a Material Adverse Effect, (iii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Debt, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrument relating to any Debt, the performance of which, in the judgment of the Company’s officers, has or is reasonably expected to have a Material Adverse Effect.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Earth Biofuels Inc), Securities Purchase Agreement (Earth Biofuels Inc), Securities Purchase Agreement (Earth Biofuels Inc)
