No Conflict with Instruments. The execution, delivery and performance by such party of this Agreement, the Restructuring Agreements and the Other Agreements, and the consummation of the transactions contemplated hereby and thereby, do not and will not conflict with or result in a breach or violation of any of the terms or provisions of, constitute a default under, or result in the creation of any lien, charge or encumbrance upon any of its assets pursuant to the terms of, the charter or bylaws (or similar formation or governance instruments) of such party, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which it is a party or by which it or any of its assets are bound, or any law, rule, regulation or Order of any court or governmental authority having jurisdiction over it or its properties.
No Conflict with Instruments. Subject to execution of the Marginco Operating Amendment (as defined in the Merger Agreement) and the repayment or arrangement for repayment in full of the principal, interest and other obligations under the Margin Loan Agreement, the execution, delivery and performance by such party of this Agreement, the Restructuring Agreements and the Tax Sharing Agreement, and the consummation of the transactions contemplated hereby and thereby, do not and will not conflict with or result in a breach or violation of any of the terms or provisions of, constitute a default under, or result in the creation of any lien, charge or encumbrance upon any of its assets pursuant to the terms of, the charter or bylaws (or similar formation or governance instruments) of such party, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which it is a party or by which it or any of its assets are bound, or any law, rule, regulation or Order of any court or Governmental Authority having jurisdiction over it or its properties.
No Conflict with Instruments. Neither the execution or delivery of this Agreement by Liberty, nor the purchase by Liberty of the Purchased Shares pursuant hereto, (i) violates, conflicts in any material respect with, or results in a material breach of any provision of, or constitutes a material default (or an event which, with notice or lapse of time or both, would constitute a material default) under, any of the terms, conditions or provisions of (x) its Certificate of Incorporation or By-Laws, or (y) any material note, bond, mortgage, indenture, lease, agreement or other instrument or obligation to which Liberty is a party or to which it or any of its properties or assets may be subject, (ii) results in a material violation of any material law applicable to Liberty or (iii) violates any material judgment applicable to any of its properties or assets, except, in the case of each of the clauses (i), (ii) and (iii) above, for such violations, conflicts, breaches or defaults, which,
No Conflict with Instruments. The execution, delivery and performance of this Agreement by Buyer and the consummation by it of the transactions contemplated hereby (i) will not violate (with or without the giving of notice or the lapse of time or
No Conflict with Instruments. The execution and delivery by Parent, Merger Sub Parent and Merger Sub of this Agreement do not, and the performance by Parent, Merger Sub Parent and Merger Sub of their respective obligations hereunder, and the consummation by Parent, Merger Sub Parent and Merger Sub of the Merger and the other transactions contemplated herein will not, conflict with or violate the charter or bylaws of Parent, Merger Sub Parent or Merger Sub or the charter or bylaws of any corporate Subsidiary of Parent or the partnership agreement of any partnership Subsidiary of Parent.
(j) Section 5.5 of the Agreement shall be deleted in its entirety and replaced with the following text:
No Conflict with Instruments. The execution, delivery and performance of this Agreement by Buyer and the consummation by it of the transactions contemplated hereby (i) will not violate (with or without the giving of notice or the lapse of time or both), or require any consent, approval, filing or notice under any provision of any law, rule or regulation, court order, judgment or decree applicable to buyer, and (ii) will not result in the creation of any Encumbrance (except as specifically provided in this Agreement) on the Buyer Stock under, conflict with, or result in the breach or termination of any provision of, or constitute a default under, or result in the acceleration of the
No Conflict with Instruments. The execution, delivery and performance of this Agreement and the Proxy and the other agreements attached hereto or entered into in connection herewith by such Stockholder do not, and will not, (i) if Stockholder is a legal entity, conflict with or violate any provision of the organizational documents, as amended, of such Stockholder; (ii) conflict with or violate any law, regulation, order, judgment, decree or governmental authorization applicable to such Stockholder or any of its properties; (iii) require any consent, approval or action of any person, or result in any conflict with or breach of or constitute a violation or default (or an event that with notice or lapse of time or both would become a violation or default), under any note, mortgage, indenture, agreement, lease, license or other obligation or instrument to which such Stockholder is a party or by which he or it or any of his or its properties are bound or affected; or (iv) result in the creation of any lien, security interest, restriction or other encumbrance on any of the properties or assets of such Stockholder except as contemplated hereby.
