Common use of No Violation of Agreements Clause in Contracts

No Violation of Agreements. Neither Borrower nor any Subsidiary is in default under any material provision of any agreement to which it is a party or in violation of any Applicable Laws. The execution and delivery of this Agreement, the Notes, the other Loan Documents, and the instruments incidental hereto; the consummation of the transactions herein or therein contemplated; and compliance with the terms and provisions hereof or thereof (a) will not violate any material Applicable Law, (b) will not conflict or be inconsistent with; result in any breach of any of the material terms, covenants, conditions, or provisions of; constitute a default under; or result in the creation or imposition of (or the obligation to impose) any lien, charge, or encumbrance upon any of the property or assets of Borrower or Guarantor pursuant to the terms of any material Governmental Approval, mortgage, deed of trust, lease, agreement, or other instrument to which Borrower or Guarantor is a party, by which Borrower or Guarantor may be bound, or to which Borrower or Guarantor may be subject, and (c) will not violate any of the provisions of the articles of incorporation of Borrower or Guarantor. No Governmental Approval is necessary (x) for the execution of this Agreement or the Guaranty, the making of the Notes, or the assumption and performance of this Agreement, the Guaranty, or the Notes by Borrower or Guarantor (as the case may be) or (y) for the consummation by Borrower or Guarantor of the transactions contemplated by this Agreement including but not limited to the grant of the security interests to U. S. Bank.

No Violation of Agreements. Neither Borrower nor any Subsidiary is in default under any material provision of any agreement to which it is a party or in violation of any Applicable Laws. The execution and delivery of this Agreement, the Notes, the other Loan Documents, Documents and the instruments incidental hereto; the consummation of the transactions herein or therein contemplated; and compliance with the terms and provisions hereof or thereof (a) will not violate any material Applicable Law, (b) will not conflict or be inconsistent with; , result in any breach of any of the material terms, covenants, conditions, conditions or provisions of; , constitute a default under; , or result in the creation or imposition of (or the obligation to impose) any lien, charge, charge or encumbrance upon any of the property or assets of Borrower or any Guarantor pursuant to the terms of any material Governmental Approval, mortgage, deed of trust, lease, agreement, agreement or other instrument to which Borrower or any Guarantor is a party, by which Borrower or any Guarantor may be bound, bound or to which Borrower or any Guarantor may be subject, and (c) will not violate any of the provisions of the articles of incorporation of Borrower or any Guarantor. No Governmental Approval is necessary (x) for the execution of this Agreement or the GuarantyAgreement, the making of the Notes, Notes or the assumption and performance of this Agreement, the Guaranty, or the Notes by Borrower or the Guaranties by any Guarantor (as the case may be) or (y) for the consummation by Borrower or any Guarantor of the transactions contemplated by this Agreement including Agreement, including, but not limited to to, the grant of the security interests to U. S. U.S. Bank.

No Violation of Agreements. Neither Except for matters described in the Disclosure Schedule and in SECTION 8.2 herein, Borrower nor any Subsidiary is not in default under any material provision of any agreement to which it is a party or in violation of any material provision of any Applicable Laws. The execution and delivery of this Agreement, the Notes, the other Loan Documents, and the instruments incidental hereto; the consummation of the transactions herein or therein contemplated; and compliance with the terms and provisions hereof or thereof (a) will not violate any material provision of any Applicable Law, Law and (b) will not conflict or be inconsistent with; result in any breach of any of the material terms, covenants, conditions, or provisions of; constitute a default under; or result in the creation or imposition of (or the obligation to impose) any lien, charge, or encumbrance upon any of the property or assets of Borrower or Guarantor pursuant to the terms of of: any material Governmental Approval, mortgage, deed of trust, lease, agreement, or other instrument to which Borrower or Guarantor is a party, by which Borrower or Guarantor may be bound, or to which Borrower or Guarantor may be subject, and (c) will not violate any of the provisions of the articles of incorporation of Borrower. Notwithstanding the foregoing, U. S. Bank acknowledges that Borrower's contracts with the General Services Administration and certain equipment leases entered into by Borrower prior to the date of this Agreement may require notice or Guarantorconsent prior to Borrower granting U. S. Bank a security interest therein, and U. S. Bank also acknowledges that Borrower has not given such notices nor obtained any such consents. No Except for any of Borrower's contracts with the General Services Administration with respect to which notice or consent is required for the granting of a security interest, no Governmental Approval is necessary (x) for the execution of this Agreement or the GuarantyAgreement, the making of the Notes, or the assumption and performance of this Agreement, the Guaranty, Agreement or the Notes by Borrower or Guarantor (as the case may be) or (y) for the consummation by Borrower or Guarantor of the transactions contemplated by this Agreement including but not limited to the grant of the security interests to U. S. Bank.

No Violation of Agreements. Neither Borrower nor any Wholly Owned Subsidiary is in default under any material provision of any agreement to which it is a party or in violation of any Applicable Laws. The execution and delivery of this Agreement, the NotesConvertible Promissory Note, the other Loan Documents, and the instruments incidental hereto; the consummation of the transactions herein or therein contemplated; and compliance with the terms and provisions hereof or thereof (a) will not violate any material Applicable Law, Law and (b) will will. not conflict or be inconsistent with; result in any breach of any of the material terms, covenants, conditions, or provisions of; constitute a default under; or result in the creation or imposition of (or the obligation to impose) any lien, charge, or encumbrance upon any of the property or assets of Borrower or Guarantor any Wholly Owned Subsidiary pursuant to the terms of any material Governmental Approval, mortgage, deed of trust, lease, agreement, or other instrument to which Borrower or Guarantor is a party, by which Borrower or Guarantor any Wholly Owned Subsidiary may be bound, or to which Borrower or Guarantor any Wholly Owned Subsidiary may be subject, and (c) will not violate any of the provisions of the articles certificate of incorporation formation, operating agreement or other organizational documents of Borrower or Guarantorany Wholly Owned Subsidiary. No Governmental Approval is necessary (xi) for the execution of this Agreement Agreement, or the Guaranty, the making of the NotesConvertible Promissory Note, or the assumption and performance of this Agreement, the Guaranty, or the Notes by Borrower or Guarantor (as the case may be) or (y) for ii)for the consummation by Borrower or Guarantor and Wholly Owned Subsidiaries of the transactions contemplated by this Agreement including Agreement, including, but not limited to to, the grant of the security interests to U. S. BankEmeritus.

No Violation of Agreements. Neither Borrower nor any Subsidiary Guarantor is in default under any material provision of any agreement to which it is a party or in violation of any Applicable Laws. The execution and delivery of this Agreement, the Notes, the other Loan Documents, and the instruments incidental hereto; the consummation of the transactions herein or therein contemplated; and compliance with the terms and provisions hereof or thereof (a) will not violate any material Applicable Law, Law and (b) will not conflict or be inconsistent with; result in any breach of any of the material terms, covenants, conditions, or provisions of; constitute a default under; or result in the creation or imposition of (or the obligation to impose) any lien, charge, or encumbrance upon any of the property or assets of Borrower or any Guarantor pursuant to the terms of any material Governmental Approval, mortgage, deed of trust, lease, agreement, or other instrument to which Borrower or Guarantor is a party, by which Borrower or any Guarantor may be bound, or to which Borrower or any Guarantor may be subject, and (c) will not violate any of the provisions of the articles of incorporation of Borrower or GuarantorBorrower. No Governmental Approval is necessary (xi) for the execution of this Agreement or the GuarantyAgreement, the making of the Notes, or the assumption and performance of this Agreement, the Guaranty, Agreement or the Notes by Borrower or Guarantor (as the case may be) or (yii) for the consummation by Borrower or Guarantor and Guarantors of the transactions CREDIT AGREEMENT PAGE 38 45 contemplated by this Agreement including Agreement, including, but not limited to to, the grant of the security interests to U. S. Bank.

No Violation of Agreements. Neither Except as set forth in Schedule 8.3, Borrower nor any Subsidiary and each of its Subsidiaries is not in default under any material provision of any agreement to which it is a party or in violation of any material provision of any Applicable LawsLaws except, in each case, where no Material Adverse Effect could reasonably be expected to result therefrom. The execution and delivery of this Agreement, the Notes, the other Loan Documents, and the instruments incidental hereto; the consummation of the transactions herein or therein contemplated; and compliance with the terms and provisions hereof or thereof (a) to Borrower's knowledge, will not violate any material provision of any Applicable Law, ; (b) will not conflict with or be inconsistent withviolate; result in any breach of any of the material terms, covenants, conditions, or provisions of; constitute a default under; or result in the creation or imposition of (or the obligation to impose) any lien, charge, or encumbrance upon any of the property or assets of Borrower or Guarantor any of its Subsidiaries pursuant to the terms of any material Governmental Approval, mortgage, deed of trust, lease, agreement, or other instrument to which Borrower or Guarantor any of its Subsidiaries is a party, by which Borrower or Guarantor any of its Subsidiaries may be bound, or to which Borrower or Guarantor any of its Subsidiaries may be subjectsubject where such conflict, violation, default or lien could reasonably be expected to have a Material Adverse Effect; and (c) will not violate any of the provisions of the articles of incorporation of Borrower or Guarantorany of its Subsidiaries. No Except as referenced in Section 8.4, no Governmental Approval is necessary (x) for the execution of this Agreement or the GuarantyAgreement, the making of the Notes, or the assumption and performance of this Agreement, the Guaranty, Agreement or the Notes by Borrower or Guarantor (as the case may be) or (y) for the consummation by Borrower or Guarantor and its Subsidiaries of the transactions contemplated by this Agreement including but not limited to the grant of the security interests to U. S. BankLender.

No Violation of Agreements. Neither Borrower nor any Subsidiary Guarantor is in default under any material provision of any agreement to which it is a party or in violation of any Applicable Laws. The execution and delivery of this Agreement, the Notes, the other Loan Documents, and the instruments incidental hereto; the consummation of the transactions herein or therein contemplated; and compliance with the terms and provisions hereof or thereof (a) will not violate any material Applicable Law, Law and (b) will not conflict or be inconsistent with; result in any breach of any of the material terms, covenants, conditions, or provisions of; constitute a default under; or result in the creation or imposition of (or the obligation to impose) any lien, charge, or encumbrance upon any of the property or assets of Borrower or any Guarantor pursuant to the terms of any material Governmental Approval, mortgage, deed of trust, lease, agreement, or other instrument to which Borrower or Guarantor is a party, by which Borrower or any Guarantor may be bound, or to which Borrower or any Guarantor may be subject, and (c) will not violate any of the provisions of the articles of incorporation of Borrower or GuarantorBorrower. No Governmental Approval is necessary (x) for the execution of this Agreement or the GuarantyAgreement, the making of the Notes, or the assumption and performance of this Agreement, the Guaranty, Agreement or the Notes by Borrower or Guarantor (as the case may be) or (y) for the consummation by Borrower or Guarantor and Guarantors of the transactions contemplated by this Agreement including Agreement, including, but not limited to to, the grant of the security interests to U. S. Bank.

No Violation of Agreements. Neither The execution, delivery and performance by each of the Borrower nor any Subsidiary is in default under any material provision and its Subsidiaries of any agreement each of the Basic Agreements to which it is a party and all other agreements and instruments to be executed and delivered by the Borrower or any of its Subsidiaries pursuant hereto or thereto or in connection herewith or therewith, the assignment of, and the grant of a security interest or mortgage in, the Collateral or on the Mortgaged Property in the manner and for the purpose contemplated by the Security Agreements and the Mortgages, respectively, do not and will not (i) violate in any material respect any provisions of any law, statute, rule, regulation (including, without limitation, Regulations G, T, U or X of the Board), order, license, permit, writ, judgment, decree, determination or award presently in effect having applicability to the Borrower or any of its Subsidiaries, (ii) conflict with or result in a breach of or constitute a tortious interference with or constitute a default under the certificate of incorporation or by laws, or other organizational documents, as the case may be, of either the Borrower or any of its Subsidiaries or any indenture or loan or credit agreement, or any other material agreement or instrument, to which the Borrower or any of its Subsidiaries is a party or by which the Borrower or any of its Subsidiaries or any of their respective properties are bound or affected, or any governmental permit, license or order, (iii) result in or require the creation or imposition of any Lien (except for Permitted Liens) of any nature upon or with respect to any of the properties now owned or hereafter acquired by the Borrower or any of its Subsidiaries, or (iv) require any approval of stockholders or any approval or consent of any Person which have not been obtained on or prior to the Restatement Date, except for such approvals and consents referred to on Schedule 4.4 hereto. Neither the Borrower nor any Subsidiary of the Borrower is in default under or in violation of any Applicable Laws. The execution and delivery of this Agreementsuch law, the Notesstatute, the other Loan Documentsrule, and the instruments incidental hereto; the consummation of the transactions herein regulation, judgment, decree, license, order or therein contemplated; and compliance with the terms and provisions hereof permit described above or thereof (a) will not violate any material Applicable Law, (b) will not conflict or be inconsistent with; result in any breach of any of the material terms, covenants, conditions, or provisions of; constitute a default under; or result in the creation or imposition of (or the obligation to impose) any lien, charge, or encumbrance upon any of the property or assets of Borrower or Guarantor pursuant to the terms of any material Governmental Approvalindenture, mortgage, deed of trust, lease, agreement, agreement or other instrument to described above or under its charter or by-laws, in each case the consequences of which Borrower default or Guarantor is violation, either in any one case or in the aggregate, would have a party, by which Borrower or Guarantor may be bound, or to which Borrower or Guarantor may be subject, and (c) will not violate any of the provisions of the articles of incorporation of Borrower or Guarantor. No Governmental Approval is necessary (x) for the execution of this Agreement or the Guaranty, the making of the Notes, or the assumption and performance of this Agreement, the Guaranty, or the Notes by Borrower or Guarantor (as the case may be) or (y) for the consummation by Borrower or Guarantor of the transactions contemplated by this Agreement including but not limited to the grant of the security interests to U. S. BankMaterial Adverse Effect.

No Violation of Agreements. Neither The execution, delivery and performance by each of the Borrower nor any Subsidiary is in default under any material provision and its Subsidiaries of any agreement each of the Basic Agreements to which it is a party and all other agreements and instruments to be executed and delivered by the Borrower or any of its Subsidiaries pursuant hereto or thereto or in connection herewith or therewith, the assignment of, and the grant of a security interest or mortgage in, the Collateral or on the Mortgaged Property in the manner and for the purpose contemplated by the Security Agreements and the Mortgages, respectively, do not and will not (i) violate in any material respect any provisions of any law, statute, rule, regulation (including, without limitation, Regulations G, T, U or X of the Board), order, license, permit, writ, judgment, decree, determination or award presently in effect having applicability to the Borrower or any of its Subsidiaries, (ii) conflict with or result in a breach of or constitute a tortious interference with or constitute a default under the certificate of incorporation or by-laws, or other organizational documents, as the case may be, of either the Borrower or any of its Subsidiaries or any indenture or loan or credit agreement, or any other material agreement or instrument, to which the Borrower or any of its Subsidiaries is a party or by which the Borrower or any of its Subsidiaries or any of their respective properties are bound or affected, or any governmental permit, license or order, (iii) result in or require the creation or imposition of any Lien (except for Permitted Liens) of any nature upon or with respect to any of the properties now owned or hereafter acquired by the Borrower or any of its Subsidiaries, or (iv) require any approval of stockholders or any approval or consent of any Person which have not been obtained on or prior to the Restatement Date, except for such approvals and consents referred to on SCHEDULE 4.4 hereto. Neither the Borrower nor any Subsidiary of the Borrower is in default under or in violation of any Applicable Laws. The execution and delivery of this Agreementsuch law, the Notesstatute, the other Loan Documentsrule, and the instruments incidental hereto; the consummation of the transactions herein regulation, judgment, decree, license, order or therein contemplated; and compliance with the terms and provisions hereof permit described above or thereof (a) will not violate any material Applicable Law, (b) will not conflict or be inconsistent with; result in any breach of any of the material terms, covenants, conditions, or provisions of; constitute a default under; or result in the creation or imposition of (or the obligation to impose) any lien, charge, or encumbrance upon any of the property or assets of Borrower or Guarantor pursuant to the terms of any material Governmental Approvalindenture, mortgage, deed of trust, lease, agreement, agreement or other instrument to described above or under its charter or by-laws, in each case the consequences of which Borrower default or Guarantor is violation, either in any one case or in the aggregate, would have a party, by which Borrower or Guarantor may be bound, or to which Borrower or Guarantor may be subject, and (c) will not violate any of the provisions of the articles of incorporation of Borrower or Guarantor. No Governmental Approval is necessary (x) for the execution of this Agreement or the Guaranty, the making of the Notes, or the assumption and performance of this Agreement, the Guaranty, or the Notes by Borrower or Guarantor (as the case may be) or (y) for the consummation by Borrower or Guarantor of the transactions contemplated by this Agreement including but not limited to the grant of the security interests to U. S. BankMaterial Adverse Effect.