Common use of No Conflict, Breach, Violation or Default Clause in Contracts

No Conflict, Breach, Violation or Default. Except as set forth in Schedule 4.9, the execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities 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 Certificate of Incorporation or Bylaws of the Company or any Company Subsidiaries, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor through the XXXXX system), (ii) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or properties, or (iii) any agreement or instrument to which the Company or any Company Subsidiary is a party or by which the Company or a Company Subsidiary is bound or to which any of their respective assets or properties is subject.

No Conflict, Breach, Violation or Default. Except as set forth in Schedule 4.9, the The execution, delivery and performance of the Transaction Note Documents by the Company and the issuance and sale of the Securities 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 Certificate Company’s Notice of Incorporation or Bylaws of the Company or any Company SubsidiariesArticles and Articles, both as in effect on the date hereof hereof, or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, each as in effect on the date hereof; or (true and complete copies of which have been made available to the Investor through the XXXXX system), (iiii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or properties, or (iiib) except as set forth on Schedule 5.11, any agreement or instrument Material Contract to which the Company or any Company Subsidiary is a party or by which the Company or a Company any Subsidiary is bound or to which any of their respective its assets or properties is subject.

No Conflict, Breach, Violation or Default. Except as set forth in Schedule 4.9, the The execution, delivery and performance of the Transaction Documents and the Certificate of Designations by the Company and the issuance and sale of the Securities 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 Bylaws of the Company or any Company SubsidiariesBylaws, both as in effect on the date hereof (true and complete accurate copies of which have been made available provided to the Investor through Investors before the XXXXX systemdate hereof), or (iiii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or properties, or (iiib) except as set forth on Schedule 5.9, any agreement or instrument to which the Company or any Company Subsidiary is a party or by which the Company or a Company Subsidiary is bound or to which any of their respective assets or properties is subject.

No Conflict, Breach, Violation or Default. Except as set forth in Schedule 4.9, the The execution, delivery and performance of the Transaction Documents by the Company and Company, the issuance and sale of the Securities and the issuance of Warrant 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 of Incorporation or Bylaws of the Company or any Company SubsidiariesCompany's Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor Investors through the XXXXX system), or (iiii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or properties, or (iiib) except as set forth on Schedule 4.10, any agreement or instrument to which the Company or any Company Subsidiary is a party or by which the Company or a Company Subsidiary is bound or to which any of their respective assets or properties is are subject.

No Conflict, Breach, Violation or Default. Except as set forth in on Schedule 4.93.9, the execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities 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 Restated Certificate of Incorporation or Bylaws of the Company or any Company SubsidiariesCompany’s Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor Purchasers through the XXXXX system), or (ii) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary subsidiary or any of their respective assets or properties, or (iiib) any material agreement or instrument to which the Company or any Company Subsidiary subsidiary is a party or by which the Company or a Company Subsidiary subsidiary is bound or to which any of their respective assets or properties is subject.

No Conflict, Breach, Violation or Default. Except as set forth described in Schedule 4.94.10, the execution, delivery and performance by the Company of the Transaction Documents by the Company Documents, and the offer, issuance and sale of the Securities 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 Certificate Company’s Articles of Incorporation Incorporation, as amended, or Bylaws of the Company or any Company SubsidiariesCompany’s Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor through the XXXXX systemInvestors), or (iiii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or properties, or (iiib) any agreement or instrument to which the Company or any Company Subsidiary is a party or by which the Company or a Company Subsidiary is bound or to which any of their respective assets or properties is subject.

No Conflict, Breach, Violation or Default. Except as set forth in Schedule 4.9, the The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities 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 Certificate Company’s Notice of Incorporation or Bylaws of the Company or any Company SubsidiariesArticles and Articles, both as in effect on the date hereof October 25, 2005 or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, each as in effect on October 25, 2005; or (true and complete copies of which have been made available to the Investor through the XXXXX system), (iiii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or properties, or (iiib) except as set forth on Schedule 5.11, any agreement or instrument Material Contract to which the Company or any Company Subsidiary is a party or by which the Company or a Company any Subsidiary is bound or to which any of their respective its assets or properties is subject.

No Conflict, Breach, Violation or Default. Except as set forth in Schedule 4.9, the The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities 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 (after giving effect to the Reverse Split) or Bylaws of the Company or any Company SubsidiariesCompany's Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor Investors through the XXXXX EDGAR system), or (iiii)(a) any statute, rule, regulation or order of any governmental xxx xovernmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or properties, or (iiib) any agreement or instrument to which the Company or any Company Subsidiary is a party or by which the Company or a Company Subsidiary is bound or to which any of their respective assets or properties is subject.

No Conflict, Breach, Violation or Default. Except as set forth in Schedule 4.9, the The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities 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 Incorporation, Bylaws or Bylaws of the Company or any Company Subsidiariesother charter documents, both each as in effect on the date hereof hereof, or any Subsidiary's certificate or articles of incorporation, bylaws or other organizational or charter documents, each as in effect on the date hereof; or (true and complete copies of which have been made available to the Investor through the XXXXX system), (iiii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or properties, or (iiib) except as set forth on Schedule 5.11, any agreement or instrument Material Contract to which the Company or any Company Subsidiary is a party or by which the Company or a Company any Subsidiary is bound or to which any of their respective assets or properties is are subject.

No Conflict, Breach, Violation or Default. Except Subject to the approval of the Proposals by its shareholders as set forth contemplated in Schedule 4.9Section 7.10, the execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities 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 Certificate Company’s Articles of Incorporation Association or Bylaws Memorandum of the Company or any Company SubsidiariesAssociation, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor Investors through the XXXXX system), or (iiii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or properties, or (iiib) any agreement or instrument to which the Company or any Company Subsidiary is a party or by which the Company or a Company Subsidiary is bound or to which any of their respective assets or properties is subject.

No Conflict, Breach, Violation or Default. Except as set forth in Schedule 4.9, the The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities 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 Certificate Company’s Articles of Incorporation Incorporation, as amended, or Bylaws of the Company or any Company SubsidiariesCompany’s Bylaws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor Investors through the XXXXX system), or (iiii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or propertiesproperties except as could not reasonably be expected to have a Material Adverse Effect, or (iiib) any agreement or instrument to which the Company or any Company Subsidiary is a party or by which the Company or a Company Subsidiary is bound or to which any of their respective assets or properties is subject.

No Conflict, Breach, Violation or Default. Except as set forth in Schedule 4.9, the The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities 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 Certificate Company’s Notice of Incorporation or Bylaws of the Company or any Company SubsidiariesArticles and Articles, both as in effect on the date hereof hereof, or any Subsidiary's certificate or articles of incorporation, bylaws or other organizational or charter documents, each as in effect on the date hereof; or (true and complete copies of which have been made available to the Investor through the XXXXX system), (iiii)(a) any statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, any Company Subsidiary or any of their respective assets or properties, or (iiib) except as set forth on Schedule 5.11, any agreement or instrument Material Contract to which the Company or any Company Subsidiary is a party or by which the Company or a Company any Subsidiary is bound or to which any of their respective its assets or properties is subject.

No Conflict, Breach, Violation or Default. Except as set forth in Schedule 4.9, the The execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Securities 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 Certificate Company's Articles or Memorandum of Incorporation or Bylaws of the Company or any Company SubsidiariesAssociation, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor Investors through the XXXXX system), 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, any Company Subsidiary or any of their respective assets or properties, or (iiib) any agreement or instrument to which the Company or any Company Subsidiary is a party or by which the Company or a Company Subsidiary is bound or to which any of their respective assets or properties is subject.