No Conflict, Breach, Violation or Default. The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Note will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Certificate of Incorporation or the Company’s Bylaws, both as in effect on the date hereof, or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or any of its assets or properties, or (b) any agreement or instrument to which the Company is a party or by which the Company is bound or to which any of its assets or properties is subject.
Appears in 5 contracts
Samples: Note Purchase Agreement (Arkanova Energy Corp.), Note Purchase Agreement (Arkanova Energy Corp.), Conversion and Loan Modification Agreement (Arkanova Energy Corp.)
No Conflict, Breach, Violation or Default. The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Note Notes will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Certificate of Incorporation or the Company’s Bylaws, both as in effect on the date hereof, or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or any of its assets or properties, or (b) any agreement or instrument to which the Company is a party or by which the Company is bound or to which any of its assets or properties is subject.;
Appears in 3 contracts
Samples: Agreement (Blue Water Petroleum Corp.), Note Purchase Agreement (Arkanova Energy Corp), Note Purchase Agreement (Arkanova Energy Corp)
No Conflict, Breach, Violation or Default. The execution, delivery and performance of the Transaction Documents this Agreement by the Company and the issuance and sale of the Note Shares will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Certificate Articles of Incorporation or Incorporation, the Company’s BylawsBylaws or other organizational or charter documents, both as in effect on the date hereof, or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or any of its assets or properties, or (b) any agreement or instrument to which the Company is a party or by which the Company is bound or to which any of its assets or properties is subject.
Appears in 2 contracts
Samples: Purchase Agreement (H/Cell Energy Corp), Purchase Agreement (H/Cell Energy Corp)
No Conflict, Breach, Violation or Default. The execution, delivery and performance of the Transaction Documents Agreement by the Company and the issuance and sale of the Note Shares will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s 's Certificate of Incorporation or the Company’s 's Bylaws, both as in effect on the date hereofhereof (true and complete copies of which have been made available to the Investor through the EDGAR system), or (ii)(a) any statutesxxxxxe, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or any of its assets or properties, or (b) any agreement or instrument to which the Company is a party or by which the Company is bound or to which any of its assets or properties is subject.
Appears in 1 contract
No Conflict, Breach, Violation or Default. The execution, delivery and performance of the Transaction Documents Agreements by the Company and the issuance and sale of the Note Common Shares and Conversion Shares will not conflict with or result in a breach or violation of of, or trigger the vesting or acceleration of, any of the terms and provisions of, or constitute a default under under: (ia) the Company’s Certificate of Incorporation or the Company’s Bylaws, both as in effect on the date hereof, or (ii)(ab) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or any of its assets or properties, or (bc) any material agreement or instrument to which the Company is a party or by which the Company is bound or to which any of its assets or the properties of the Company is subject.
Appears in 1 contract
Samples: Stock Purchase Agreement (Interleukin Genetics Inc)
No Conflict, Breach, Violation or Default. The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Note Shares and the Option will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Certificate Memorandum and Articles of Incorporation or the Company’s BylawsAssociation, both as in effect on the date hereofhereof (true and complete copies of which have been made available to the Investor), or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, court having jurisdiction over the Company or any of its assets or properties, or (b) any agreement or instrument to which the Company is a party or by which the Company is bound or to which any of its assets or properties is subject.
Appears in 1 contract
Samples: Securities Subscription and Option Agreement (First Corp /Cn/)
No Conflict, Breach, Violation or Default. The execution, delivery and performance of the Transaction Documents Agreements by the Company and the issuance and sale of the Note Common Shares and Conversion Shares will not conflict with or result in a breach or violation of of, or trigger the vesting or acceleration of, any of the terms and provisions of, or constitute a default under under: (ia) the Company’s 's Certificate of Incorporation or the Company’s 's Bylaws, both as in effect on the date hereof, or (ii)(ab) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or any of its assets or properties, or (bc) any material agreement or instrument to which the Company is a party or by which the Company is bound or to which any of its assets or the properties of the Company is subject.
Appears in 1 contract
Samples: Stock Purchase Agreement (Interleukin Genetics Inc)
No Conflict, Breach, Violation or Default. The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Note Notes will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Certificate of Incorporation or the Company’s Bylaws, both as in effect on the date hereof, or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or any of its assets or properties, or (b) any agreement or instrument to which the Company is a party or by which the Company is bound or to which any of its assets or properties is subject.
Appears in 1 contract
No Conflict, Breach, Violation or Default. The execution, delivery and performance of the Transaction Documents this Note by the Company and the issuance and sale of the Note Conversion Shares will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Certificate certificate of Incorporation formation or the Company’s Bylawsbylaws, both as in effect on the date hereof, or (ii)(aii) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or any of its assets or properties, properties or (biii) any agreement or instrument to which the Company is a party or by which the Company is bound or to which (including, for the avoidance of doubt, the Hercules Term Loan and any other instrument evidencing indebtedness of its assets or properties is subjectthe Company).
Appears in 1 contract
No Conflict, Breach, Violation or Default. The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Note Notes will not conflict with or result in a breach or violation of any of the terms and provisions of, or constitute a default under (i) the Company’s Certificate Governing Documents of Incorporation or the Company’s Bylaws, both as in effect on the date hereofhereof (true and complete copies of which have been made available to the Investors), or (ii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company or any of its assets or properties, or (b) any agreement or instrument to which the Company is a party or by which the Company is bound or to which any of its assets or properties is subject.
Appears in 1 contract