No Conflict as to the Company. Neither the execution and delivery of this Agreement, the Restated Stockholders' Agreement or the Restated Voting Agreement, nor the issuance of the Series E Shares or the Common Stock issuable on conversion thereof will (a) violate any provision of the Certificate of Incorporation or By-Laws of the Company or (b) violate, or be in conflict with, or constitute a default (or an event which, with notice or lapse of time or both, would constitute a default) under, or result in the termination of, or accelerate the performance required by, or excuse performance by any Person of any of its obligations under, or cause the acceleration of the maturity of any debt or obligation pursuant to, or result in the creation or imposition of any material Encumbrance upon any property or assets of the Company under, any material agreement to which the Company is a party or by which the Company or any of its property is bound, or (c) violate any statute or law or any judgment, decree, order, regulation or rule of any court or other Governmental Body applicable to the Company.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp), Stock Purchase Agreement (Diversa Corp)
