Common use of No Default or Breach; Contractual Obligations Clause in Contracts

No Default or Breach; Contractual Obligations. Except as set --------------------------------------------- forth in Schedule 3.8(i), neither the Company nor the Subsidiary has received --------------- notice of, or is in default under, or with respect to, any Contractual Obligation set forth on Schedule 3.8(ii). Schedule 3.8(ii) lists all of the ---------------- Contractual Obligations to which the Company or the Subsidiary is a party, whether written or oral, which involve an amount in excess of $50,000 or which are otherwise material to the Condition of the Company. All of such Contractual Obligations are valid, subsisting, in full force and effect and binding upon the Company or the Subsidiary and the other parties thereto, and the Company or the Subsidiary, as the case may be, has paid in full or accrued all amounts due thereunder and has satisfied in full or provided for all of its liabilities and obligations thereunder. To the Company's knowledge, no other party to any such Contractual Obligation is in default thereunder, nor does any condition exist that with notice or lapse of time or both would constitute a default thereunder.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Prime Response Inc/De), Stock Purchase Agreement (Prime Response Group Inc/De)

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No Default or Breach; Contractual Obligations. Except as set --------------------------------------------- forth in Schedule 3.8(i)3.8, neither the Company nor the Subsidiary has not received --------------- notice of, or and is not in default under, or with respect to, any Contractual Obligation set forth in any respect, which, individually or together with all such defaults, could have a material adverse effect on Schedule 3.8(ii)(i) the Condition of the Company or (ii) the ability of the Company to perform its obligations under this Agreement or the other Transaction Documents. Schedule 3.8(ii) 3.8 lists all of the ---------------- Contractual Obligations to which the Company or the Subsidiary is a party, whether written or oral, other than this Agreement, which involve an amount in excess of $50,000 100,000 or which are otherwise material to the Condition of the Company. All of such Contractual Obligations are valid, subsisting, in full force and effect and binding upon the Company or and, to the Subsidiary and knowledge of the Company, the other parties thereto, and the Company or the Subsidiary, as the case may be, has paid in full or accrued all amounts due thereunder and has satisfied in full or provided for all of its liabilities and obligations thereunder, and is not in default under any of them. To the knowledge of the Company's knowledge, no other party to any such Contractual Obligation is in default thereunder, nor does any condition exist that with notice or lapse of time or both would constitute a default thereunder. Except as separately identified on Schedule 3.8, the Company is not a party to or bound by any Contractual Obligation that individually or in the aggregate adversely affects the Condition of the Company.

Appears in 1 contract

Samples: Preferred Stock and Warrant Purchase Agreement (Proxicom Inc)

No Default or Breach; Contractual Obligations. Except as set --------------------------------------------- forth in Schedule 3.8(i), neither the The Company nor the Subsidiary has not received --------------- notice of, or of a default and is not in default under, or with respect to, any Contractual Obligation set forth listed on Schedule 3.8(ii)3.8, nor does any condition exist that with notice or lapse of time or both would constitute a default thereunder except as disclosed on Schedule 3.6. Schedule 3.8(ii) 3.8 lists all of the ---------------- Contractual Obligations to which the Company or the Subsidiary is a party, whether written or oral, (i) under which involve an amount the Company received in excess of $50,000 100,000 in fiscal year 1999 or (ii) which are otherwise material to the Condition of the Company. All Except as set forth in Schedule 3.8, all of such Contractual Obligations are valid, subsisting, in full force and effect and binding upon the Company or and, to the Subsidiary and knowledge of the Company, the other parties thereto, and the Company or the Subsidiary, as the case may be, has paid in full or accrued all amounts due thereunder and has satisfied in full or provided for all of its liabilities and obligations heretofore due thereunder. To the knowledge of the Company's knowledge, no other party to any such Contractual Obligation is in default thereunder, nor does any condition exist that with notice or lapse of time or both would constitute a default by such other party thereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Billing Concepts Corp)

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No Default or Breach; Contractual Obligations. Except as set for the --------------------------------------------- forth in Schedule 3.8(i)Old Credit Agreement, neither the Company nor the Subsidiary has received --------------- notice of, or is in default under, or with respect to, any Contractual Obligation set forth on Schedule 3.8(ii). Schedule 3.8(ii) lists all of the ---------------- Contractual Obligations to which the Company or the Subsidiary is a party, whether written or oral, which involve an amount in excess of $50,000 or which are otherwise material to the Condition of the Company. All of such Contractual Obligations Company are valid, subsisting, in full force and effect and binding upon the Company Company, except as such enforceability may be limited by bankruptcy, moratorium or the Subsidiary similar laws affecting or relating to creditors' rights generally, and the other parties theretogeneral principles of equity, and the Company or the Subsidiary, as the case may be, has paid in full or accrued all amounts due thereunder and has satisfied in full or provided for all of its liabilities and obligations thereunderthereunder in all material respects. To the knowledge of the Company's knowledge, no other party to any such Contractual Obligation is in default thereunder, nor does any condition exist that with notice or lapse of time or both would constitute a default by such other party thereunder. The Company has not received notice of, and is not in default under or with respect to, any Contractual Obligation of the Company in any respect, which, individually or together with all such defaults, could have a material adverse effect on (i) the Condition of the Company or (ii) the ability of the Company to perform its obligations under this Agreement or the other Transaction Documents.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (Synapse Group Inc)

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