Common use of Effect of Agreement, Etc Clause in Contracts

Effect of Agreement, Etc. The execution, delivery and performance of ------------------------ this Agreement and the Documents by each Shareholder and by Acorn and the consummation of the transactions contemplated hereby will not, with or without the giving of notice of the lapse of time, or both: (i) violate any provision of law, statute, rule or regulation to which Acorn or any Shareholder is subject; (ii) violate any judgment, order, writ or decree of any court, arbitrator or governmental agency applicable to Acorn or any Shareholder; (iii) have any effect on any of Acorn's permits, licenses, tariffs, orders or approvals or the ability of Acorn to make use of such permits, licenses, tariffs, orders or approvals or (iv) result in the breach of or conflict with any term, covenant, condition or provision of, result in the modification or termination of, constitute a default under, or result in the creation or imposition of, any lien, security interest, charge or encumbrance upon any of the properties or assets of Acorn or any Shareholder pursuant to any charter, bylaw, commitment, contract or other agreement or instrument, including any of the Commitments (as defined in Section 3.16) to which Acorn or any Shareholder is a party or by which any of its assets or properties are or may be bound or affected or from which Acorn or any Shareholder derives benefit, except as set forth in Schedule 3.7. CONFIDENTIAL TREATMENT OF REDACTED PORTIONS APPLIED FOR

Effect of Agreement, Etc. The execution, delivery and performance of ------------------------ ------------------------- this Agreement and the Documents by each Shareholder and by Acorn and the consummation of the transactions contemplated hereby will not, with or without the giving of notice of the lapse of time, or both: (i) violate any provision of law, statute, rule or regulation to which Acorn or any Shareholder is subject; (ii) violate any judgment, order, writ or decree of any court, arbitrator or governmental agency applicable to Acorn or any Shareholder; (iii) have any effect on any of Acorn's permits, licenses, tariffs, orders or approvals or the ability of Acorn to make use of such permits, licenses, tariffs, orders or approvals or (iv) result in the breach of or conflict with any term, covenant, condition or provision of, result in the modification or termination of, constitute a default under, or result in the creation or imposition of, any lien, security interest, charge or encumbrance upon any of the properties or assets of Acorn or any Shareholder pursuant to any charter, bylaw, commitment, contract or other agreement or instrument, including any of the Commitments (as defined in Section 3.16) to which Acorn or any Shareholder is a party or by which any of its assets or properties are or may be bound or affected or from which Acorn or any Shareholder derives benefit, except as set forth in Schedule 3.7. CONFIDENTIAL TREATMENT OF REDACTED PORTIONS APPLIED FOR.