Common use of Indebtedness and Other Contracts Clause in Contracts

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default

Appears in 3 contracts

Samples: Securities Purchase Agreement (Magnetar Capital Partners LP), Securities Purchase Agreement (Think Partnership Inc), Securities Purchase Agreement (Think Partnership Inc)

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Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults

Appears in 2 contracts

Samples: Securities Purchase Agreement (Clearly Canadian Beverage Corp), Securities Purchase Agreement (Stinger Systems, Inc)

Indebtedness and Other Contracts. Except as disclosed in the SEC Documents or Schedule 3(s3(p), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultrelating to

Appears in 1 contract

Samples: Securities Purchase Agreement (NPS Pharmaceuticals Inc)

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default

Appears in 1 contract

Samples: Securities Purchase Agreement (Earth Biofuels Inc)

Indebtedness and Other Contracts. Except as disclosed in set forth on Schedule 3(s3(l), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below)in Section 8), or (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under any contract, agreement or instrument relating to any Indebtedness, except such violations or defaults as would not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Power Medical Interventions, Inc.)

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s3(q), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below)Indebtedness, (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultother

Appears in 1 contract

Samples: Securities Purchase Agreement (Natural Health Trends Corp)

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default (or an event which with notice or lapse of time or both would become a default) under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in default

Appears in 1 contract

Samples: Securities Purchase Agreement (Raptor Networks Technology Inc)

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultother

Appears in 1 contract

Samples: Securities Purchase Agreement (Commtouch Software LTD)

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries Subsidiaries: (i) has any material outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under any contract, agreement or instrument relating to any Indebtedness, except where such violations

Appears in 1 contract

Samples: Securities Purchase Agreement (Minrad International, Inc.)

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries Subsidiaries: (i) has any material outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under

Appears in 1 contract

Samples: Securities Purchase Agreement (Minrad International, Inc.)

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Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither Neither the Company nor any of its Subsidiaries (i) except as disclosed in the SEC Documents or in Schedule 3(s)(i), has any outstanding Indebtedness (as defined below), (ii) except as disclosed in Schedule 3(s)(ii), is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) except as disclosed in Schedule 3(s)(iii), is in violation of any term of or in defaultin

Appears in 1 contract

Samples: Securities Purchase Agreement (Wet Seal Inc)

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither Neither the Company nor any of its Subsidiaries (i) except as disclosed in the SEC Documents or in Schedule 3(s)(i), has any outstanding Indebtedness (as defined below), (ii) except as disclosed in the SEC Documents or in Schedule 3(s)(ii), is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultor

Appears in 1 contract

Samples: Securities Purchase Agreement (Innovative Food Holdings Inc)

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s)) or in the SEC Documents, neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, 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 instrumentinstrument relating to any Indebtedness, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultperformance of

Appears in 1 contract

Samples: Securities Purchase Agreement (Vcampus Corp)

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s3(ff), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in defaulta

Appears in 1 contract

Samples: Securities Purchase Agreement (Qiao Xing Universal Telephone Inc)

Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under any contract,

Appears in 1 contract

Samples: Securities Purchase Agreement (Act Teleconferencing Inc)

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