Common use of No Conflicts, No Defaults and Consents Clause in Contracts

No Conflicts, No Defaults and Consents. The execution and -------------------------------------- delivery of this Agreement by Stockholder do not, and the performance of this Agreement by Stockholder will not: (i) conflict with or violate any order, decree or judgment applicable to Stockholder or by which Stockholder or any of Stockholder's properties or Shares is bound or affected; (ii) violate any agreement to which Stockholder is a party or is subject, including, without limitation, any voting agreement or voting trust; (iii) result in any breach of or constitute a default (with notice or lapse of time, or both) under, or give to others any rights of termination, amendment, acceleration or cancellation of, or result in the creation of any lien, restriction, adverse claim, option on, right to acquire, or any encumbrance or security interest in or to any of the Shares, pursuant to any written, oral or other agreement, contract or legally binding commitment to which Stockholder is a party or by which Stockholder or any of the Shares is bound or affected, or (iv) require any written, oral or other agreement, contract or legally binding commitment of any third party.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Kana Communications Inc), Voting Agreement (Broadbase Software Inc), Voting Agreement (Kana Communications Inc)

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No Conflicts, No Defaults and Consents. The execution and -------------------------------------- delivery of this Agreement by Stockholder do such Shareholder does not, and the performance of this Agreement by Stockholder such Shareholder will not: (i) conflict with or violate any order, decree or judgment applicable to Stockholder such Shareholder or by which Stockholder such Shareholder or any of Stockholdersuch Shareholder's properties or Shares is bound or affected; (ii) conflict with or violate any agreement to which Stockholder such Shareholder is a party or is subject, including, without limitation, any voting agreement or voting trust; (iii) result in any breach of or constitute a default (with notice or lapse of time, or both) under, or give to others any rights of termination, amendment, acceleration or cancellation of, or result in the creation of any lien, restriction, adverse claim, option on, right to acquire, or any encumbrance or security interest in or to any of the such Shareholder's Shares, pursuant to any written, oral or other agreement, contract or legally binding commitment to which Stockholder such Shareholder is a party or by which Stockholder such Shareholder or any of the such Shareholder's Shares is bound or affected, or (iv) require any written, oral or other agreement, contract or legally binding commitment of any third party.

Appears in 2 contracts

Samples: JMS Shareholders Agreement and Irrevocable Proxy (Smucker J M Co), JMS Shareholders Agreement and Irrevocable (Smucker J M Co)

No Conflicts, No Defaults and Consents. The execution and -------------------------------------- delivery of this Agreement by Stockholder do not, and the performance of this Agreement by Stockholder will not: (i) conflict with or violate any order, decree or judgment applicable to Stockholder or by which Stockholder or any of Stockholder's properties or Shares is bound or affected; (ii) violate any agreement to which Stockholder is a party or is subject, including, without limitation, any voting agreement or voting trust; (iii) result in any breach of or constitute a default (with notice or lapse of time, or both) under, or give to others any rights of termination, amendment, acceleration or cancellation of, or result in the creation of any lien, restriction, adverse claim, option on, right to acquire, or any encumbrance or security interest in or to any of the Shares, pursuant to any written, oral or other agreement, contract or legally binding commitment to which Stockholder is a party or by which Stockholder or any of the Shares is bound or affected, or (iv) require any written, oral or other agreement, contract or legally binding commitment of any third party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Broadbase Software Inc)

No Conflicts, No Defaults and Consents. The execution and -------------------------------------- delivery of this Agreement by the Stockholder do does not, and the performance of this Agreement by the Stockholder and the Partnership will not: , (i) conflict with or violate any order, decree or judgment applicable to the Stockholder or the Partnership or by which Stockholder either of them or any of Stockholder's properties or the Shares is bound or affected; (ii) conflict with or violate any agreement to which the Stockholder or the Partnership is a party or is subject, including, without limitation, any voting agreement or voting trust; (iii) result in any breach of or constitute a default (with notice or lapse of time, or both) under, or give to others any rights of termination, amendment, acceleration or cancellation of, or result in the creation of any lien, restriction, adverse claim, option on, right to acquire, or any encumbrance or security interest in or to any of the Shares, pursuant to any written, oral or other agreement, contract or legally binding commitment to which the Stockholder or the Partnership is a party or by which the Stockholder or the Partnership or any of the Shares is bound or affected, or (iv) require any written, oral or other agreement, contract or legally binding commitment of any third party, except in the case of such matters under clauses (i) through (iv) which, individually or in the aggregate, would not materially adversely affect the ability of Stockholder to perform her obligations under this Agreement.

Appears in 1 contract

Samples: Voting Agreement (Martha Stewart Living Omnimedia Inc)

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No Conflicts, No Defaults and Consents. The execution and -------------------------------------- delivery of this Agreement by Stockholder do not, and the performance of this Agreement by Stockholder will not: (i) conflict with or violate any order, decree or judgment applicable to Stockholder or by which Stockholder or any of Stockholder's properties or Shares is bound or affected; (ii) violate any agreement to which Stockholder is a party or is subject, including, without limitation, any voting agreement or voting trust; (iii) result in any breach of or constitute a default (with notice or lapse of time, or both) under, or give to others any rights of termination, amendment, acceleration or cancellation of, or result in the creation of any lien, restriction, adverse claim, option on, right to acquire, or any encumbrance or security interest in or to any of the Shares, pursuant to any written, oral or other agreement, contract or legally binding commitment to which Stockholder is a party or by which Stockholder or any of Stockholder's properties (including, without limitation, the Shares Shares) is bound or affected, or (iv) require any written, oral or other agreement, contract or legally binding commitment of any third party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Broadbase Software Inc)

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