Common use of No Defaults or Consents Clause in Contracts

No Defaults or Consents. Neither the execution, delivery and performance of this Agreement by the Company nor the consummation of any of the transactions contemplated hereby (including, without limitation, the issuance and sale by the Company of the Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event which with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Change, or require any consent or waiver under, or result in the execution or imposition of any lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries, or violate any provision of the Articles of Association, charter or by-laws, as applicable, of the Company or any of its Subsidiaries, except for such consents or waivers which have already been obtained and are in full force and effect.

No Defaults or Consents. Neither the execution, delivery and performance of this Agreement or the Purchase Agreement by the Company nor the consummation of any of the transactions contemplated hereby or thereby (including, without limitation, the issuance and sale by the Company of the Preferred Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event which with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would not reasonably be expected to, individually or in the aggregate, result in cause a Material Adverse ChangeEffect, or require any consent or waiver under, or result in the execution or imposition of any lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries, Subsidiaries or violate any provision of the Articles of Association, charter or by-laws, as applicable, laws of the Company or any of its Subsidiaries, except for such consents or waivers which have already been obtained and are in full force and effecteffect and except that the issuance of certain of the Securities upon conversion of the Preferred Shares and upon exercise of the Warrants shall be subject to, and require, Stockholder Approval, which, among other things, is required to comply with the requirements of the Nasdaq Stock Exchange.

No Defaults or Consents. Neither Except for compliance with, or waiver of, the Company’s obligations under Section 4 of that certain Securities Purchase Agreement, dated as of June 21, 2006, between the Company and the investors party thereto, neither the execution, delivery and performance of this Agreement by the Company nor the consummation of any of the transactions contemplated hereby (including, without limitation, the issuance and sale by the Company of the Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event which with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would could not reasonably be expected to, individually or in the aggregate, result in to cause a Material Adverse ChangeEffect, or require any consent or waiver under, or result in the execution or imposition of any lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries, Subsidiaries or violate any provision of the Articles of Association, charter or by-laws, as applicable, laws of the Company or any of its Subsidiaries, except for such consents or waivers which have already been obtained and are in full force and effect.

No Defaults or Consents. Neither the execution, delivery and performance of this Agreement the Transaction Agreements by the Company nor the consummation of any of the transactions contemplated hereby therein (including, without limitation, including the issuance and sale by the Company of the Securities and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event which that with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would not neither cause nor reasonably be expected to, individually or in the aggregate, result in to cause a Material Adverse ChangeEffect, or require any consent or waiver under, or result in the execution or imposition of any lien, charge or encumbrance Liens upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries, Subsidiaries or violate any provision of the Articles of Association, charter or by-laws, as applicable, laws of the Company or any of its Subsidiaries, except (i) for such consents or waivers which that have already been obtained and are in full force and effect, and (ii) that the issuance of the Contingent Exercise Shares cannot be made until after the CW Approvals and the Charter Amendment Effectiveness.

No Defaults or Consents. Neither the execution, delivery and performance of this Agreement [and the Escrow Agreement] by the Company nor the consummation of any of the transactions contemplated hereby or thereby (including, without limitation, the issuance and sale by the Company of the Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with with, or result in the breach of any term or provision of, or constitute a default (or an event which that with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would not reasonably be expected to, individually or in the aggregate, result in cause a Material Adverse ChangeEffect, or require any consent or waiver under, or result in the execution or imposition of any lien, charge charge, or encumbrance upon any properties or assets of the Company [or its Subsidiaries Subsidiaries] pursuant to the terms of, any indenture, mortgage, deed of trust trust, or other agreement or instrument to which the Company [or any of its Subsidiaries Subsidiaries] is a party or by which either the Company [or its Subsidiaries Subsidiaries] or their any of [its] [or their] properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule rule, or regulation applicable to the Company [or any of its Subsidiaries, ] or violate any provision of the Articles of Association, charter or by-laws, as applicable, laws of the Company [or any of its Subsidiaries], except for such consents or waivers which that have already been obtained and are in full force and effect.

No Defaults or Consents. Neither the execution, delivery and performance of this Agreement or the Warrants by the Company nor the consummation of any of the transactions contemplated hereby and thereby (including, without limitation, the issuance and sale by the Company of the SharesOffered Securities) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event which with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Change, or require any consent or waiver under, or result in the execution or imposition of any lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries, or violate any provision of the Articles of Association, charter or by-laws, as applicable, of the Company or any of its Subsidiaries, except for such consents or waivers which have already been obtained and are in full force and effect.

No Defaults or Consents. Neither the execution, delivery and performance of this Agreement the Transaction Documents by the Company or any Subsidiary nor the consummation of any of the transactions contemplated hereby (including, without limitation, the issuance and sale by the Company of the Notes and Conversion Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event which that with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would not neither cause nor reasonably be expected to, individually or in the aggregate, result in to cause a Material Adverse ChangeEffect, or require any consent or waiver under, or result in the execution or imposition of any lien, charge or encumbrance Liens upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries, or violate any provision of the Articles of Association, charter or by-laws, as applicable, of the Company or any of its Subsidiaries, except for such consents or waivers which that have already been obtained and are in full force and effect.

No Defaults or Consents. Neither the execution, delivery and performance of this Agreement by the Company nor the consummation of any of the transactions contemplated hereby (including, without limitation, the issuance and sale by the Company of the SharesOffered Securities) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event which with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would not reasonably be expected to, individually or in the aggregate, result in a Material Adverse Change, or require any consent or waiver under, or result in the execution or imposition of any lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries, or violate any provision of the Articles of Association, charter or by-laws, as applicable, laws of the Company or any of its Subsidiaries, except for such consents or waivers which have already been obtained and are in full force and effect.