Common use of No Default or Breach Clause in Contracts

No Default or Breach. No event has occurred and is continuing which constitutes a default under or breach of any of the provisions of Article 8 or 9. No event which constitutes a default under or breach of any of the provisions of Article 8 or 9 is likely to result from the incurring of obligations by the Company under this Agreement, or the Registration Rights Agreement or from the issuance of the Preferred Shares or the Warrants. Neither the Company nor any of its Subsidiaries is in default under or with respect to any Contractual Obligation in any respect, which, individually or together with all such defaults, would have a material adverse effect on the Condition of the Company or on the ability of the Company to perform its obligations under this Agreement, the Preferred Shares, the Warrants or the Registration Rights Agreement.

Appears in 2 contracts

Samples: Stock and Warrant Purchase Agreement (Z Tel Technologies Inc), Stock and Warrant Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)

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No Default or Breach. (a) No event has occurred and is continuing which constitutes a default under or breach of any of the provisions of Article 8 or 9Section 9 of the Note. No event which constitutes a default under or breach of any of the provisions of Article 8 or Section 9 of the Note is likely to result from the incurring of obligations by the Company under this Agreement, Agreement or the Registration Rights Agreement Transaction Documents or from the issuance of the Preferred Shares or the WarrantsNote. Neither the Company nor any of its Subsidiaries is in default under or with respect to any Contractual Obligation in any respect, which, individually or together with all such defaults, would have a material adverse effect on the Condition of the Company or on the ability of the Company to perform its obligations under this Agreement, the Preferred Shares, the Warrants Agreement or the Registration Rights AgreementTransaction Documents.

Appears in 2 contracts

Samples: Credit Facility Agreement (Z Tel Technologies Inc), Credit Facility Agreement (Z Tel Technologies Inc)

No Default or Breach. No event has occurred and is continuing or would result from incurring the obligations by the Company under this Agreement, the Preferred Shares or under the Registration Rights Agreement which constitutes would constitute a default under or breach of any of the provisions of Article 8 or 9. No event which constitutes a default under or breach of any of the provisions of Article 8 or 9 is likely to result from the incurring of obligations by the Company under this Agreement, or the Registration Rights Agreement or from the issuance of the Preferred Shares or the Warrants. Neither the Company nor any of its Subsidiaries is (or would be as a result the issuance of the Preferred Shares and the conversion of such shares into Class A Common Stock) in default under or with respect to any Contractual Obligation in any respect, which, individually or together with all such defaults, would have a material be materially adverse effect on to the Condition of the Company or on which could reasonably be expected to materially adversely affect the ability of the Company to perform its obligations under this Agreement, the Preferred Shares, the Warrants Registration Rights Agreement or the Registration Rights Stockholders Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Genesee & Wyoming Inc), Stock Purchase Agreement (1818 Fund Iii Lp)

No Default or Breach. No event has occurred and is continuing which constitutes a default under or breach of any of the provisions of Article 8 or 9. No event which constitutes a default under or breach of any of the provisions of Article 8 or 9 is likely to result from the incurring of obligations by the Company under this Agreement, or the Registration Rights Agreement or from the issuance of the Preferred Shares or the WarrantsShares. Neither the Company nor any of its Subsidiaries is in default under or with respect to any Contractual Obligation in any respect, which, individually or together with all such defaults, would have a material adverse effect on the Condition of the Company or on the ability of the Company to perform its obligations under this Agreement, the Preferred Shares, the Warrants Shares or the Registration Rights Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)

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No Default or Breach. No event has occurred and is continuing which constitutes a default under or breach of any of the provisions of Article 8 or 9. No event which constitutes a default under or breach of any of the provisions of Article 8 or 9 is likely to result from the incurring of obligations by the Company under this Agreement, Investment Agreement or the Registration Rights Agreement Transaction Documents or from the issuance of the Preferred Shares or the Warrants. Neither the Company nor any of its Subsidiaries is in default under or with respect to any Contractual Obligation in any respect, which, individually or together with all such defaults, would have a material adverse effect on the Condition of the Company or on the ability of the Company to perform its obligations under this Agreement, the Preferred Shares, the Warrants Investment Agreement or the Registration Rights AgreementTransaction Documents.

Appears in 1 contract

Samples: Stock and Warrant Purchase Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al)

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