Common use of No Existing Violation, Default, Etc Clause in Contracts

No Existing Violation, Default, Etc. Neither the Company nor any of its Subsidiaries is (a) in violation of any provision of its certificate of incorporation, by-laws or other organizational documents or (b) in violation of any applicable Law, stock exchange rule or regulation, which violation has or would reasonably be expected to have a Material Adverse Effect. No breach, event of default or event that, but for the giving of notice or the lapse of time or both, would constitute an event of default exists under any indenture, mortgage, loan agreement, note or other agreement or instrument for borrowed money, any guarantee of any agreement or instrument for borrowed money or any lease, permit, license or other agreement to which the Company or any of its Subsidiaries is a party or by which the Company or any such Subsidiary is bound or to which any of the properties, assets or operations of the Company or any such Subsidiary is subject, which breach, event of default, or event that, but for the giving of notice or the lapse of time or both, would constitute an event of default, has or would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Boca Research Inc), Common Stock Purchase Agreement (Boca Research Inc), Common Stock Purchase Agreement (Infomatec Ag International Inc)

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No Existing Violation, Default, Etc. Neither None of the Company nor or any of its Subsidiaries is (ai) in violation of any provision of its certificate of incorporation, by-laws or other organizational documents or (bii) in violation of any applicable Law, stock exchange rule or regulation, which violation has or would reasonably be expected to have a Material Adverse Effect. No breach, event of default or event that, but for the giving of notice or the lapse of time or both, would constitute an event of default exists under any indenture, mortgage, loan agreement, note or other agreement or instrument for borrowed money, any guarantee of any agreement or instrument for borrowed money or any lease, permit, license or other agreement to which the Company or any of its Subsidiaries is a party or by which the Company or any such Subsidiary is bound or to which any of the properties, assets or operations of the Company or any such Subsidiary is subject, which breach, event of default, or event that, but for the giving of notice or the lapse of time or both, would constitute an event of default, has or would reasonably be expected to have a Material Adverse Effect. Without giving effect to any waiver previously granted, (1) no event of default, (2) no event that, but for the giving of notice or the lapse of time or both, would constitute an event of default and (3) no event that would require the Company to prepay, redeem, repurchase or offer to repurchase any of its indebtedness exists under the Existing Credit Agreement.

Appears in 2 contracts

Samples: Investment Agreement (Sk Palladin Partners Lp), Investment Agreement (Mac Music LLC)

No Existing Violation, Default, Etc. Neither the The Company nor any of its Subsidiaries is not in ----------------------------------- violation (ai) in violation of any provision of its certificate Certificate of incorporationIncorporation, byBy-laws or other organizational documents or (bii) in violation of any applicable Law, stock exchange rule Law or regulation, which violation has or would reasonably be expected to have a Material Adverse Effect. No breach, event of default or event that, but for the giving of notice or the lapse of time or both, would constitute an event of default exists under any indenture, mortgage, loan agreement, note or other agreement or instrument for borrowed money, any guarantee of any agreement or instrument for borrowed money or any lease, permit, license or other agreement to which the Company or any of its Subsidiaries is a party or by which the Company or any such Subsidiary is bound or to which any of the properties, assets or operations of the Company or any such Subsidiary is subject, which breach, event of default, or event that, but for the giving of notice or the lapse of time or both, would constitute an event of default, has or would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Viropharma Inc)

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No Existing Violation, Default, Etc. Neither the The Company nor any of its Subsidiaries is (a) not in violation (i) of any provision of the New York Certificate as of the First Closing Date or the Delaware Certificate as of the Second Closing Date and Third Closing Date, its certificate of incorporation, byBy-laws Laws or other organizational documents or (bii) in violation of any applicable Law, stock exchange rule Law or regulation, which violation has or would reasonably be expected to have a Material Adverse Effect. No breach, event of default or event that, but for the giving of notice or the lapse of time or both, would constitute an event of default exists under any indenture, mortgage, loan agreement, note or other agreement or instrument for borrowed money, any guarantee of any agreement or instrument for borrowed money or any lease, permit, license or other agreement to which the Company or any of its Subsidiaries is a party or by which the Company or any such Subsidiary is bound or to which any of the properties, assets or operations of the Company or any such Subsidiary is subject, which breach, event of default, or event that, but for the giving of notice or the lapse of time or both, would constitute an event of default, has or would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Investment Agreement (Bluefly Inc)

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