No Violation of Existing Agreements. The execution and delivery ----------------------------------- of this Agreement and each of the other Transaction Documents do not, and the consummation of the transactions contemplated hereby and thereby and compliance with the provisions hereof and thereof will not, conflict with, or result in any violation of or default under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of a benefit under, (i) any provision of the Articles of Incorporation or Bylaws of OptaPhone, (ii) any loan or credit agreement, note, bond, mortgage, indenture, lease or other agreement, instrument, permit, concession, franchise or license to which OptaPhone is a party or by which OptaPhone or any of its properties or assets is bound or affected, or (iii) any judgment, order, decree, statute, law, ordinance, rule or regulation applicable to OptaPhone or its properties or assets. The consummation of the Merger and the assumption by the Surviving Corporation of all rights, licenses, franchises, leases and agreements of OptaPhone will not require the consent of any third party or have a material adverse effect upon any such right, license, franchise, lease or agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Zhone Technologies Inc)
No Violation of Existing Agreements. The execution and delivery ----------------------------------- of this Agreement and each of the other Transaction Documents do not, and the consummation of the transactions contemplated hereby and thereby and compliance with the provisions hereof and thereof will not, conflict with, or result in any violation of or default under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of a benefit under, (i) any provision of the Articles of Incorporation or Bylaws By-Laws of OptaPhoneCAG, (ii) any loan or credit agreement, note, bond, mortgage, indenture, lease or other agreement, instrument, permit, concession, franchise or license to which OptaPhone CAG is a party or by which OptaPhone CAG or any of its properties or assets is bound or affected, or (iii) any judgment, order, decree, statute, law, ordinance, rule or regulation applicable to OptaPhone CAG or its properties or assets. The consummation of the Merger and the assumption by transfer to the Surviving Corporation of all rights, licenses, franchises, leases and agreements of OptaPhone CAG will not require the consent of any third party or have a material adverse effect upon any such right, license, franchise, lease or agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Zhone Technologies Inc)
No Violation of Existing Agreements. The execution and delivery ----------------------------------- of this Agreement and each of the other Transaction Documents do not, and the consummation of the transactions contemplated hereby and thereby and compliance with the provisions hereof and thereof will not, conflict with, or result in any violation of or default under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of a benefit under, (i) any provision of the Articles of Incorporation or Bylaws of OptaPhone, (ii) any loan or credit agreement, note, bond, mortgage, indenture, lease or other agreement, instrument, permit, concession, franchise or license to which OptaPhone is a party or by which OptaPhone or any of its properties or assets is bound or affected, or (iii) any judgment, order, decree, statute, law, ordinance, rule or regulation applicable to OptaPhone or its properties or assets. The consummation of the Merger and the assumption by the Surviving Corporation of all rights, licenses, franchises, leases and agreements of OptaPhone will not require the consent of any third party or have a material adverse effect upon any such right, license, franchise, lease or agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Zhone Technologies Inc)
No Violation of Existing Agreements. The execution and delivery ----------------------------------- of this Agreement and each of the other Transaction Documents do not, and the consummation of the transactions contemplated hereby and thereby and compliance with the provisions hereof and thereof will not, conflict with, or result in any violation of or default under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of a benefit under, (i) any provision of the Articles of Incorporation or Bylaws By-Laws of OptaPhoneCAG, (ii) any loan or credit agreement, note, bond, mortgage, indenture, lease or other agreement, instrument, permit, concession, franchise or license to which OptaPhone CAG is a party or by which OptaPhone CAG or any of its properties or assets is bound or affected, or (iii) any judgment, order, decree, statute, law, ordinance, rule or regulation applicable to OptaPhone CAG or its properties or assets. The consummation of the Merger and the assumption by transfer to the Surviving Corporation of all rights, licenses, franchises, leases and agreements of OptaPhone CAG will not require the consent of any third party or have a material adverse effect upon any such right, license, franchise, lease or agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Zhone Technologies Inc)