Common use of No Default or Violation Clause in Contracts

No Default or Violation. Neither the Company nor any Subsidiary (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is bound, (ii) is in violation of any order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Convertible Preferred Stock and Common Stock Warrant Purchase Agreement (Sysview Technology, Inc.), Convertible Preferred Stock and Common Stock Warrant Purchase Agreement (Syscan Imaging Inc)

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No Default or Violation. Neither the Company nor any Subsidiary (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would could result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is boundbound (whether or not such default or violation has been waived), (ii) is in violation of any judgement or order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not reasonably be expected to, individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Warrant Purchase Agreement (Verso Technologies Inc), Verso Technologies Inc

No Default or Violation. Neither the Company nor any Subsidiary (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is boundbound (whether or not such default or violation has been waived), (ii) is in violation of any judgement or order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Onemain Com Inc)

No Default or Violation. Neither the Company nor any Subsidiary (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would could result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is boundbound (whether or not such default or violation has been waived), (ii) is in violation of any judgment or order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not reasonably be expected to, individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Telemate Net Software Inc)

No Default or Violation. Neither the Company nor any Subsidiary subsidiary thereof (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary such subsidiary under), nor has the Company or any Subsidiary such subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan loan, or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is boundbound (whether or not such default or violation has been waived), (ii) is in violation of any judgement or order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) ), or (iii) above, except as could not individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cetalon Corp)

No Default or Violation. Neither the Company nor any Subsidiary the Subsidiaries (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary the Subsidiaries under), nor has the Company or any Subsidiary the Subsidiaries received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is boundbound (whether or not such default or violation has been waived), (ii) is in violation of any order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Accesspoint Corp /Nv/)

No Default or Violation. Neither the Company nor any Subsidiary (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is boundbound (whether or not such default or violation has been waived), (ii) is in violation of any judgment or order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Universal Broadband Networks Inc)

No Default or Violation. Neither Except as specifically disclosed in the Disclosure Materials or in Schedule 2(h), neither the Company nor any Subsidiary (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is bound, (ii) is in violation of any order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not not, individually or in the aggregate, have or result in a Material Adverse EffectEffect or, except in the case of clause (i) above as has not been waived pursuant to an effective waiver.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fonix Corp)

No Default or Violation. Neither Except as specifically disclosed in the Company Form 10-KSB or as otherwise disclosed in Section 3(h) attached hereto, neither ADM, AAN nor any Subsidiary (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company ADM, AAN or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is bound, (ii) is in violation of any order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not not, individually or in the aggregate, have or result in a Material Adverse Effect.Effect or, except in the case of clause (i) above as has not been waived pursuant to an effective waiver. (i)

Appears in 1 contract

Samples: Agreement (Adm Tronics Unlimited Inc/De)

No Default or Violation. Neither the Company nor any Subsidiary (i) is in default under or in violation of (and no event has occurred which has not been waived except as set forth in Schedule 2.1(h) which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument for borrowed money to which it is a party or by which it or any of its properties is boundbound (whether or not such default or violation has been waived), (ii) is in violation of any order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could would not reasonably be expected to, individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (General Datacomm Industries Inc)

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No Default or Violation. Neither Except as described in the SEC ----------------------- Documents or in Schedule 4.6, neither the Company nor any Subsidiary (i) is in ------------ default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is bound, (ii) is in violation of any order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could would not reasonably be expected to, individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ashton Technology Group Inc)

No Default or Violation. Neither the Company nor any Subsidiary (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is boundbound (whether or not such default or violation has been waived), (ii) is in violation of any judgement or order of any court, arbitrator arbitrator, or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 1 contract

Samples: Convertible Debenture Purchase Agreement (Forest Glade International Inc)

No Default or Violation. Neither Except as specifically disclosed in the ----------------------- Disclosure Materials or in Schedule 2(h), neither the Company nor any Subsidiary ------------- (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is bound, (ii) is in violation of any order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not not, individually or in the aggregate, have or result in a Material Adverse EffectEffect or, except in the case of clause (i) above as has not been waived pursuant to an effective waiver.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fonix Corp)

No Default or Violation. Neither the Company nor any Subsidiary ----------------------- subsidiary thereof (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary such subsidiary under), nor has the Company or any Subsidiary such subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is boundbound (whether or not such default or violation has been waived), (ii) is in violation of any judgement or order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, except as could not individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Internet Law Library Inc)

No Default or Violation. Neither Except as set forth in SCHEDULE 2.1(H), neither the Company nor any Subsidiary (i) is in default under or in violation of (and no event has occurred which has not been waived which, with notice or lapse of time or both, would result in a default by the Company or any Subsidiary under), nor has the Company or any Subsidiary received notice of a claim that it is in default under or that it is in violation of, any provision of the Company's or any Subsidiary's certificate or articles of incorporation, bylaws or other charter documents (each as amended through the date hereof), any indenture, loan or credit agreement or any other agreement or instrument to which it is a party or by which it or any of its properties is boundbound (whether or not such default or violation has been waived), (ii) is in violation of any order of any court, arbitrator or governmental body, or (iii) is in violation of any statute, rule or regulation of any governmental authority, in each case of clauses (i), (ii) or (iii) above, authority except as could would reasonably be expected to, not individually or in the aggregate, have or result in a Material Adverse Effect.

Appears in 1 contract

Samples: Convertible Preferred Stock Purchase Agreement (Hawker Pacific Aerospace)

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