No Conflict With Other Instruments. The execution, delivery, and performance of this Warrant will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice (a) any provision of Company's Certificate of Incorporation or by-laws; (b) any provision of any judgment, decree, or order to which Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of Company; (c) any contract, obligation, or commitment to which Company is a party or by which it is bound; or (d) any statute, rule, or governmental regulation applicable to Company.
Appears in 12 contracts
Samples: BG Medicine, Inc., Immunicon Corp, Warrant (Conseco Inc)
No Conflict With Other Instruments. The execution, delivery, and performance of this Warrant will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice (a) any provision of Company's ’s Certificate of Incorporation or by-laws; (b) any provision of any judgment, decree, or order to which Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of Company; (c) any contract, obligation, or commitment to which Company is a party or by which it is bound; or (d) any statute, rule, or governmental regulation applicable to Company.
Appears in 11 contracts
Samples: Portola Pharmaceuticals Inc, Sunesis Pharmaceuticals Inc, BG Medicine, Inc.
No Conflict With Other Instruments. The execution, delivery, and performance of this Warrant will not result in any material violation of, be in conflict with, or constitute a material default under, with or without the passage of time or the giving of notice (a) any provision of Company's ’s Certificate of Incorporation or by-laws; (b) any provision of any judgment, decree, or order to which Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of Company; (c) any contract, obligation, or commitment to which Company is a party or by which it is bound; or (d) any statute, rule, or governmental regulation applicable to Company.
Appears in 2 contracts
Samples: Five Prime Therapeutics Inc, Five Prime Therapeutics Inc
No Conflict With Other Instruments. The execution, delivery, and performance of this the Warrant will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice notice, (ai) any provision of the Company's Certificate Articles of Incorporation or by-lawsAssociation; (bii) any provision of any judgment, decree, or order to which the Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of the Company; (ciii) any contract, obligation, or commitment to which the Company is a party or by which it is bound; or (div) any law, statute, rule, or governmental regulation applicable to the Company.
Appears in 2 contracts
Samples: Ge Capital Equity Investments Inc, Ge Capital Equity Investments Inc
No Conflict With Other Instruments. The execution, delivery, delivery and performance of this Warrant Agreement and the License Agreement will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice notice: (a) any provision of the Company's Restated Certificate of Incorporation or by-lawsBylaws as in effect on the date hereof or at the Closing; (b) any provision of any judgment, decree, decree or order to which the Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of Companybound; (c) any material contract, obligation, obligation or commitment to which the Company is a party or by which it is bound; or (d) to the Company's knowledge, any statute, rule, rule or governmental regulation applicable to the Company.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Gilead Sciences Inc)
No Conflict With Other Instruments. The execution, delivery, and performance of this Warrant will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice (a) any provision of Company's ’s Certificate of Incorporation or by-laws; (b) any provision of any judgment, decree, or order to which Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of Company; (c) any material contract, obligation, or commitment to which Company is a party or by which it is bound; or (d) any statute, rule, or governmental regulation applicable to Company.
Appears in 1 contract
Samples: Transmedics Inc
No Conflict With Other Instruments. The execution, delivery, and performance of this Warrant will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice (a) any provision of Company's Certificate ’s Articles of Incorporation Organization or by-laws; (b) any provision of any judgment, decree, or order to which Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of Company; (c) any contract, obligation, or commitment to which Company is a party or by which it is bound; or (d) any statute, rule, or governmental regulation applicable to Company.
Appears in 1 contract
Samples: Merrimack Pharmaceuticals Inc
No Conflict With Other Instruments. The execution, delivery, and performance of this Warrant will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice (a) any provision of Company's ’s Certificate of Incorporation or by-laws; (b) any provision of any judgment, decree, or order to which Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of Company; (c) any contract, obligation, or commitment to which Company is a party or by which it is boundbound other than any of the foregoing events listed in this clause (c) which do not and will not, individually or in the aggregate, have a material adverse effect on the Company’s business, assets or condition (financial or otherwise) of the Company; or (d) any statute, rule, or governmental regulation applicable to Company.
Appears in 1 contract
Samples: Transmedics Inc
No Conflict With Other Instruments. The execution, delivery, and performance of this Warrant will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice (a) any provision of Company's Certificate of Incorporation or by-laws; (b) any provision of any judgment, decree, or order to which Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of Company; (c) any contract, obligation, or commitment to which Company is a party or by which it is bound; , or (d) any statute, rule, or governmental regulation applicable to Company.
Appears in 1 contract
No Conflict With Other Instruments. The execution, delivery, and performance of this Warrant will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice (a) any provision of Company's Certificate of Incorporation or by-laws; (b) any provision of any judgment, decree, or order to which the Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of Company; (c) any contract, obligation, or commitment to which Company is a party or by which it is bound; or (d) any statute, rule, or governmental regulation applicable to Company.
Appears in 1 contract
Samples: Amicus Therapeutics Inc
No Conflict With Other Instruments. The execution, delivery, and performance of this Warrant will not result in any violation of, be in conflict with, or constitute a default under, with or without the passage of time or the giving of notice (a) any provision of Company's the Certificate of Incorporation or by-laws; (b) any provision of any judgment, decree, or order to which Company is a party or by which it is bound or an event which results in the creation of any material lien, charge or encumbrance upon any material assets of Company; (c) any contract, obligation, or commitment to which Company is a party or by which it is bound; or (d) any statute, rule, or governmental regulation applicable to Company.
Appears in 1 contract
Samples: PTC Therapeutics, Inc.