Common use of No Default; No Restrictions Clause in Contracts

No Default; No Restrictions. (a) The Company is not, nor to the Company's knowledge is any other party, in material breach or default under any Company Material Agreement. No event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) will, or to the Company's knowledge, would reasonably be expected to, (i) result in a violation or breach of any of the provisions of any Company Material Agreement, or (ii) to the Company's knowledge, give any third party (A) the right to declare a default or exercise any remedy under any Company Material Agreement, (B) the right to a rebate, chargeback, penalty or change in delivery schedule under any Company Material Agreement, (C) the right to accelerate the maturity or performance of any obligation of the Company under any Company Material Agreement, or (D) the right to cancel, terminate or modify any Company Material Agreement. The Company has not received any written, or, to the Company's knowledge, oral notice or other communication regarding any actual or possible violation or breach of, or default under, any Company Material Agreement. The Company has no material liability for renegotiation of government contracts or subcontracts, if any.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Interwoven Inc)

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No Default; No Restrictions. (a) The Company is not, nor to the Company's knowledge is any other party, in material breach or default under any Company Material Agreement. No event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) will, or to the Company's knowledge, would reasonably be expected to, (i) result in a violation or breach of any of the provisions of any Company Material Agreement, or (ii) to the Company's knowledge, give any third party (A) the right to declare a default or exercise any remedy under any Company Material Agreement, (B) the right to a rebate, chargeback, penalty or change in delivery schedule under any Company Material Agreement, (C) the right to accelerate the maturity or performance of any obligation of the Company under any Company Material Agreement, or (D) the right to cancel, terminate or modify any Company Material Agreement. The Company has not received any written, or, to the Company's knowledge, oral notice or other communication regarding any actual or possible violation or breach of, or default under, any Company Material Agreement. The Company has no material liability for renegotiation of government contracts or subcontracts, if any.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Interwoven Inc)

No Default; No Restrictions. (a) The Company is not, nor to the Company's knowledge is any other party, in material breach or default under any Company Material Agreement. No event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) will, or to the Company's knowledge, would reasonably be expected to, (i) result in a violation or breach of any of the provisions of any Company Material Agreement, or (ii) to the Company's knowledge, give any third party (A) the right to declare a default or exercise any remedy under any Company Material Agreement, (B) the right to a rebate, chargeback, penalty or change in delivery schedule under any Company Material Agreement, (C) the right to accelerate the maturity or performance of any obligation of the Company under any Company Material Agreement, or (D) the right to cancel, terminate or modify any Company Material Agreement. The Company has not received any written, or, to the Company's knowledge, oral notice or other communication regarding any actual or possible violation or breach of, or default under, any Company Material Agreement. The Company has no material liability for renegotiation of government contracts or subcontracts, if any.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Interwoven Inc)

No Default; No Restrictions. (a) The Company is not, nor to the Company's knowledge ’s Knowledge is any other party, in material breach or default under any Company Material Agreement. No event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) will, or to the Company's knowledge, would both) could reasonably be expected to, (i) result in a violation or breach by Company, or to Company’s Knowledge, by any other party, of any of the provisions of any Company Material Agreement, or (ii) to the Company's knowledge, give any third party (A) the right to declare a default or exercise any remedy material breach under any Company Material Agreement, (B) the right to a material refund, rebate, chargeback, chargeback or penalty or change in delivery schedule under any Company Material Agreement, (C) the right to accelerate the maturity or performance of any obligation of the Company under any Company Material Agreement, or (D) the right to cancel, terminate or modify any Company Material Agreement. The Company has not received any written, or, to the Company's knowledge, oral notice or other communication regarding any actual or possible violation or breach of, or default under, any Company Material Agreement. The Company has no material liability for renegotiation of government contracts or subcontracts, if any.

Appears in 1 contract

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

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No Default; No Restrictions. (a) The 4.12.1 Company is not, nor to the Company's ’s knowledge is any other party, in material breach or default under any Company Material Agreement. No event has occurred, and no circumstance or condition exists, that (with or without notice or lapse of time) will, or to the Company's knowledge, would both) could reasonably be expected to, (i) result in a violation or breach by Company, or to Company’s knowledge, by any other party, of any of the provisions of any Company Material Agreement, or (ii) to the Company's knowledge, give any third party (A) the right to declare a default or exercise any remedy material breach under any Company Material Agreement, (B) the right to a material refund, rebate, chargeback, or penalty or change in delivery schedule under any Company Material Agreement, (C) the right to accelerate the maturity or performance of any obligation of the Company under any Company Material Agreement, or (D) the right to cancel, terminate or modify any Company Material Agreement. The To the Company’s Knowledge, Company has not received any written, or, to the Company's knowledge, oral notice or other communication regarding any actual or possible violation or breach of, or default under, any Company Material Agreement. The Company has no material liability for renegotiation of government contracts or subcontracts, if any.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Advanced Power Technology Inc)

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