Common use of DEFAULT; VIOLATIONS OR RESTRICTIONS, THIRD PARTY CONSENTS Clause in Contracts

DEFAULT; VIOLATIONS OR RESTRICTIONS, THIRD PARTY CONSENTS. The execution, delivery and performance of this Agreement and of any agreement to be executed and delivered by FiberChem in connection with the transactions contemplated hereby and the fulfillment of the terms and conditions herein set forth and the consummation of any of the transactions contemplated hereby or thereby will not (or with the giving of notice or the lapse of time or both would not) (i) result in the breach of any term or provision of the Certificate of Incorporation or By-laws of FiberChem or (ii) violate any provision of or result in the breach of, modification of, acceleration of the maturity of obligations under, or constitute a default, or give rise to any right of termination, cancellation, acceleration or otherwise be in conflict with or result in a loss of contractual benefits to Intrex, under any of the terms, conditions or provisions of any contract, lease, note, bond, mortgage, deed of trust, indenture, license, security agreement, agreement or other instrument or obligation by which FiberChem is party or by which it may be bound, or require any consent, approval or notice under any law, rule or decree or any such document or instrument; or result in the creation or imposition of any lien, claim, Intrex's restriction, charge or encumbrance upon any of FiberChem's assets or interfere with or otherwise adversely affect the ability to carry on the business of FiberChem after the Closing Date on substantially the same basis as it is now conducted by FiberChem. Except as set forth in SCHEDULE 6.15, no consent of any party to any material agreement, contract, instrument, lease, license, note, bond, mortgage, indenture or other obligation to which FiberChem is a party, or by which them or any of their assets is subject, is required for the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and the continuation thereof after the Arrangement without FiberChem becoming obligated to make payments greater than would have been required in the event the Arrangement was not consummated.

Appears in 1 contract

Samples: Arrangement Agreement (Fiberchem Inc)

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DEFAULT; VIOLATIONS OR RESTRICTIONS, THIRD PARTY CONSENTS. The execution, delivery and performance of this Agreement and of any agreement to be executed and delivered by FiberChem Intrex in connection with the transactions contemplated hereby and the fulfillment of the terms and conditions herein set forth and the consummation of any of the transactions contemplated hereby or thereby will not (or with the giving of notice or the lapse of time or both would not) (i) result in the breach of any term or provision of the Certificate of Incorporation or By-laws of FiberChem Intrex or (ii) violate any provision of or result in the breach of, modification of, acceleration of the maturity of obligations under, or constitute a default, or give rise to any right of termination, cancellation, acceleration or otherwise be in conflict with or result in a loss of contractual benefits to Intrex, under any of the terms, conditions or provisions of any contract, lease, note, bond, mortgage, deed of trust, indenture, license, security agreement, agreement or other instrument or obligation by to which FiberChem Intrex is a party or by which it may be is bound, or require any consent, approval or notice under any law, rule or decree or any such document or instrument; or result in the creation or imposition of any lien, claim, Intrex's restriction, charge or encumbrance upon any of FiberChemIntrex's assets or interfere with or otherwise adversely affect the ability to carry on the business of FiberChem Intrex after the Closing Date on substantially the same basis as it is now conducted by FiberChemIntrex. Except as set forth in SCHEDULE 6.155.15, no consent of any party to any material agreement, contract, instrument, lease, license, note, bond, mortgage, indenture or other obligation to which FiberChem Intrex is a party, or by which them they or any of their assets is subject, is required for the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and the continuation thereof after the Arrangement without FiberChem Intrex becoming obligated to make payments greater than would have been required in the event the Arrangement was not consummated.

Appears in 1 contract

Samples: Arrangement Agreement (Fiberchem Inc)

DEFAULT; VIOLATIONS OR RESTRICTIONS, THIRD PARTY CONSENTS. The execution, delivery and performance of this Agreement and of any agreement to be executed and delivered by FiberChem Intrex in connection with the transactions contemplated hereby and the fulfillment of the terms and conditions herein set forth and the consummation of any of the transactions contemplated hereby or thereby will not (or with the giving of notice or the lapse of time or both would not) (i) result in the breach of any term or provision of the Certificate of Incorporation or By-laws of FiberChem Intrex or (ii) violate any provision of or result in the breach of, modification of, acceleration of the maturity of obligations under, or constitute a default, or give rise to any right of termination, cancellation, acceleration or otherwise be in conflict with or result in a loss of contractual benefits to Intrex, under any of the terms, conditions or provisions of any contract, lease, note, bond, mortgage, deed of trust, indenture, license, security agreement, agreement or other instrument or obligation by to which FiberChem Intrex is a party or by which it may be is bound, or require any consent, approval or notice under any law, rule or decree or any such document or instrument; or result in the creation or imposition of any lien, claim, Intrex's restriction, charge or encumbrance upon any of FiberChemIntrex's assets or interfere with or otherwise adversely affect the ability to carry on the business of FiberChem Intrex after the Closing Date on substantially the same basis as it is now conducted by FiberChemIntrex. Except as set forth in SCHEDULE 6.154.15, no consent of any party to any material agreement, contract, instrument, lease, license, note, bond, mortgage, indenture or other obligation to which FiberChem Intrex is a party, or by which them they or any of their assets is subject, is required for the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and the continuation thereof after the Arrangement without FiberChem Intrex becoming obligated to make payments greater than would have been required in the event the Arrangement was not consummated.

Appears in 1 contract

Samples: Arrangement Agreement (Fiberchem Inc)

DEFAULT; VIOLATIONS OR RESTRICTIONS, THIRD PARTY CONSENTS. The execution, delivery and performance of this Agreement and of any agreement to be executed and delivered by FiberChem Pandel in connection with the transactions contemplated hereby and the fulfillment of the terms and conditions herein set forth and the consummation of any of the transactions contemplated hereby or thereby will not (or with the giving of notice or the lapse of time or both would not) (i) result in the breach of any term or provision of the Certificate of Incorporation or By-laws of FiberChem Pandel or (ii) violate any provision of or result in the breach of, modification of, acceleration of the maturity of obligations under, or constitute a default, or give rise to any right of termination, cancellation, acceleration or otherwise be in conflict with or result in a loss of contractual benefits to IntrexPandel, under any of the terms, conditions or provisions of any contract, lease, note, bond, mortgage, deed of trust, indenture, license, security agreement, agreement or other instrument or obligation by to which FiberChem Pandel is a party or by which it may be is bound, or require any consent, approval or notice under any law, rule or decree or any such document or instrument; or result in the creation or imposition of any lien, claim, IntrexPandel's restriction, charge or encumbrance upon any of FiberChemPandel's assets or interfere with or otherwise adversely affect the ability to carry on the business of FiberChem Pandel after the Closing Date on substantially the same basis as it is now conducted by FiberChemPandel. Except as set forth in SCHEDULE 6.154.15, no consent of any party to any material agreement, contract, instrument, lease, license, note, bond, mortgage, indenture or other obligation to which FiberChem Pandel is a party, or by which them they or any of their assets is subject, is required for the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and the continuation thereof after the Arrangement without FiberChem Pandel becoming obligated to make payments greater than would have been required in the event the Arrangement Merger was not consummated.

Appears in 1 contract

Samples: Merger Agreement (Fiberchem Inc)

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DEFAULT; VIOLATIONS OR RESTRICTIONS, THIRD PARTY CONSENTS. The execution, delivery and performance of this Agreement and of any agreement to be executed and delivered by FiberChem in connection with the transactions contemplated hereby and the fulfillment of the terms and conditions herein set forth and the consummation of any of the transactions contemplated hereby or thereby will not (or with the giving of notice or the lapse of time or both would not) (i) result in the breach of any term or provision of the Certificate of Incorporation or By-laws of FiberChem or (ii) violate any provision of or result in the breach of, modification of, acceleration of the maturity of obligations under, or constitute a default, or give rise to any right of termination, cancellation, acceleration or otherwise be in conflict with or result in a loss of contractual benefits to Intrex, under any of the terms, conditions or provisions of any contract, lease, note, bond, mortgage, deed of trust, indenture, license, security agreement, agreement or other instrument or obligation by which FiberChem is party or by which it may be bound, or require any consent, approval or notice under any law, rule or decree or any such document or instrument; or result in the creation or imposition of any lien, claim, Intrex's restriction, charge or encumbrance upon any of FiberChem's assets or interfere with or otherwise adversely affect the ability to carry on the business of FiberChem after the Closing Date on substantially the same basis as it is now conducted by FiberChem. Except as set forth in SCHEDULE 6.155.15, no consent of any party to any material agreement, contract, instrument, lease, license, note, bond, mortgage, indenture or other obligation to which FiberChem is a party, or by which them or any of their assets is subject, is required for the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and the continuation thereof after the Arrangement without FiberChem becoming obligated to make payments greater than would have been required in the event the Arrangement was not consummated.

Appears in 1 contract

Samples: Arrangement Agreement (Fiberchem Inc)

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