No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: HeartWare International, Inc., HeartWare International, Inc., HeartWare International, Inc.
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws articles of association or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets asset of the Company or any of its subsidiaries is subject; or (iii) in violation of any law or statute applicable law, statute, administrative regulation, ordinance to the Company or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority having jurisdiction over the Company, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Royalty Pharma PLC), Underwriting Agreement (Freeline Therapeutics Holdings PLC), Freeline Therapeutics Holdings PLC
No Violation or Default. Neither the Company Purchaser nor any of its subsidiaries Subsidiaries is (ia) in violation of its charter or bylaws or similar organizational documents; (iib) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company Purchaser or any of its subsidiaries Subsidiaries is a party or by which the Company Purchaser or any of its subsidiaries Subsidiaries is bound or to which any property, right or asset of the property or assets of the Company Purchaser or any of its subsidiaries Subsidiaries is subject; or (iiic) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityGovernmental Authority, except, in the case of clauses (iib) and (iiic) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Purchaser Material Adverse Effect.
Appears in 3 contracts
Samples: Investment Agreement (Root, Inc.), Investment Agreement (Brookfield Asset Management Inc.), Investment Agreement (American Equity Investment Life Holding Co)
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or of any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of each of clauses (ii) and (iii) above, for any such violation or default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Apex Silver Mines LTD, Apex Silver Mines LTD, Escrow Agreement (Kadant Inc)
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or memorandum and articles of association or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets asset of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Cambium Networks Corp, Cambium Networks Corp, Cambium Networks Corp
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws memorandum of association, bye-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets asset of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Underwriting Agreement, Underwriting Agreement (Urovant Sciences Ltd.), Urovant Sciences Ltd.
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter Certificate of Incorporation or bylaws By-Laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Omneon Video Networks, Inc.), Preferred Stock Purchase Agreement (Omneon Video Networks, Inc.)
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of each of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Green Dot Corp, Green Dot Corp
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter charter, by-laws or bylaws or similar other organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Watchdata Technologies Ltd.), Underwriting Agreement (Watchdata Technologies Ltd.)
No Violation or Default. Neither the Company nor any of its significant subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its significant subsidiaries is a party or by which the Company or any of its significant subsidiaries is bound or to which any of the property or assets asset of the Company or any of its significant subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, be reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Horace Mann Educators Corp /De/, Horace Mann Educators Corp /De/
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant covenant, or condition contained in any indenture, mortgage, deed of trust, loan agreement agreement, or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule rule, or regulation of any court or arbitrator court, arbitrator, or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Credit Agreement (Lone Pine Resources Inc.), Underwriting Agreement (Lone Pine Resources Inc.)
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar other constituting or organizational documents; (ii) in default, and no event has occurred thator, with notice or lapse to the knowledge of time or boththe Company, would constitute such a alleged by any other party to be in default, in the due performance or observance of any termobligation, agreement, covenant or condition contained in any contract, indenture, mortgage, deed of trust, loan agreement or credit agreement, note, lease or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company it or any of its subsidiaries is them may be bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: American Axle & Manufacturing Holdings Inc, American Axle & Manufacturing Holdings Inc
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws (or similar other comparable organizational documents); (ii) in defaultdefault in any material respect, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation in any material respect of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule order or regulation of any court or arbitrator or governmental or regulatory authorityauthority to which it or its property or assets may be subject, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Land O Lakes Inc, Land O Lakes Inc
No Violation or Default. Neither None of the Company Company, the Issuers, the Guarantors nor any of its their respective subsidiaries is (i) in violation of its charter or bylaws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company Company, the Issuers, the Guarantors or any of its their respective subsidiaries is a party or by which the Company Company, the Issuers, the Guarantors or any of its their respective subsidiaries is bound or to which any of the property or assets asset of the Company or any of its subsidiaries them is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by laws or similar organizational documents; (ii) in default, and to the knowledge of the Company, no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or of governmental or regulatory authorityauthority having jurisdiction over the Company or any of its assets, except, in the case of clauses (ii) and (iii) above, for any such default or violation violation, that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
No Violation or Default. Neither the Company Issuer nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company Issuer or any of its subsidiaries is a party or by which the Company Issuer or any of its subsidiaries is bound or to which any property or asset of the property or assets of the Company Issuer or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Builders FirstSource, Inc., Builders FirstSource, Inc.
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter certificate of incorporation or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually individually, or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Company Stock Purchase Agreement (Tracinda Corp), Company Stock Purchase Agreement (Delta Petroleum Corp/Co)
No Violation or Default. Neither the Company nor any of its subsidiaries the Group Entities is (i) in violation of its charter or bylaws memorandum and articles of association, charter, by-laws, business license or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries the Group Entities is a party or by which the Company or any of its subsidiaries the Group Entities is bound or to which any of the property or assets of the Company or any of its subsidiaries the Group Entities is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
No Violation or Default. Neither the Company nor any of its subsidiaries subsidiaries, is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority having jurisdiction over the Company, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
No Violation or Default. Neither the Company nor any of its subsidiaries the Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries the Subsidiaries is a party or by which the Company or any of its subsidiaries the Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries the Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (Gold Reserve Inc), Underwriting Agreement (Gold Reserve Inc)
No Violation or Default. Neither the Company nor any of its subsidiaries Significant Subsidiaries is (i) in violation of its charter or bylaws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Significant Subsidiaries is a party or by which the Company or any of its subsidiaries Significant Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries Significant Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: FNB Corp/Pa/, FNB Corp/Pa/
No Violation or Default. Neither the Company nor any of its subsidiaries the Controlled Entities is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries the Controlled Entities is a party or by which the Company or any of its subsidiaries the Controlled Entities is bound or to which any of the property or assets asset of the Company or any of its subsidiaries the Controlled Entities is subject; or (iii) except as described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Kingsoft Cloud Holdings LTD, Kingsoft Cloud Holdings LTD
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, lease, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator arbitrator, administrative agency or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Sales Agreement (Clearwire Corp /DE), Clearwire Corp /DE
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and and, to the knowledge of the Company, no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any applicable judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would notcould not reasonably be expected, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Purchase Agreement (Newpark Resources Inc), Newpark Resources Inc
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation or default of its charter or bylaws respective articles of association, charter, by-laws or similar organizational documents; (ii) in breach of or otherwise in default, and no event has occurred thatwhich, with notice or lapse of time or both, would constitute such a default, in the due performance default or observance breach of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation breach of or otherwise in default, and no event has occurred which, with notice or lapse of time or both, would constitute such a default or breach of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityGovernmental Authority, except, in the case of clauses (ii) and (iii) above, for any such violation or default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Pricing Agreement (Innocoll AG), Underwriting Agreement (Innocoll Holdings PLC)
No Violation or Default. Neither the Company nor any of its subsidiaries Material Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Material Subsidiaries is a party or by which the Company or any of its subsidiaries Material Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries Material Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default, prospective default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Take Two Interactive Software Inc, Take Two Interactive Software Inc
No Violation or Default. Neither the Company nor any of its subsidiaries Controlled Entities is (i) in violation of its respective memorandum and articles of association, charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Controlled Entities is a party or by which the Company or any of its subsidiaries Controlled Entities is bound or to which any of the property or assets of the Company or any of its subsidiaries Controlled Entities is subject; or (iii) except as disclosed in the Offering Memorandum, in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have result in a Material Adverse EffectChange.
Appears in 2 contracts
Samples: Purchase Agreement (eHi Car Services LTD), Purchase Agreement (eHi Car Services LTD)
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, default and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Underwriting Agreement (SPX Corp), SPX Corp
No Violation or Default. Neither the Company Issuer nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company Issuer or any of its subsidiaries is a party or by which the Company Issuer or any of its subsidiaries is bound or to which any property or asset of the property or assets of the Company Issuer or any of its subsidiaries is subjectsubject (including, without limitation, the Base Indenture and the Existing Securities); or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: www.oblible.com, Builders FirstSource, Inc.
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property property, right or assets asset of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default conflict, breach, violation, default, lien, charge or violation encumbrance that would notnot reasonably be expected, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Irsa Propiedades Comerciales S.A.
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is Subsidiaries are subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityGovernmental Authority (as defined below), except, in the case of each of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.and
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, statute administrative regulation, ordinance or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: HeartWare International, Inc.
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is Subsidiaries are subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority applicable to the Company or any of its Subsidiaries, except, in the case of each of clauses (ii) and (iii) above, for any such violation or default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Aastrom Biosciences Inc
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation or default of its charter or bylaws respective articles of association, charter, by-laws or similar organizational documents; (ii) in breach of or otherwise in default, and no event has occurred thatwhich, with notice or lapse of time or both, would constitute such a default, in the due performance default or observance breach of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) breach of or otherwise in violation default, and no event has occurred which, with notice or lapse of time or both, would constitute such a default or breach of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityGovernmental Authority, except, in the case of clauses (ii) and (iii) above, for any such violation or default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Pricing Agreement (Innocoll GmbH)
No Violation or Default. Neither the Company nor any of its subsidiaries is is: (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, orderOrder, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would notnot reasonably be expected to have, individually or in the aggregate, reasonably be expected to have a Material Adverse EffectEffect or was caused by the commencement of the Chapter 11 Cases.
Appears in 1 contract
Samples: Backstop and Private Placement Agreement (Diamond Offshore Drilling, Inc.)
No Violation or Default. Neither the Company nor any of its subsidiaries Significant Subsidiaries is (i) in violation of its the Restated Articles of Incorporation, as amended, or the Restated Bylaws of the Company, or the charter or bylaws or similar organizational documents; of such Significant Subsidiaries, as applicable, (ii) in default, and no event has occurred thatdefault (or, with the giving of notice or lapse of time or both, would constitute such a be in default, ) in the due performance or observance of any termobligation, agreement, covenant or condition contained in any indenture, loan agreement, mortgage, deed of trust, loan agreement trust or other agreement or instrument to which the Company or any of its subsidiaries it is a party or by which the Company it or any of its subsidiaries is properties may be bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable statute, law, statuterule, regulation, judgment, order or decree of any court, regulatory body, administrative regulationagency, ordinance governmental body, arbitrator or other authority having jurisdiction over the the Company or any judgmentof the Significant Subsidiaries, orderexcept where, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case for purposes of clauses (ii) and (iii) above), for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company Clearwire nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, lease, deed of trust, loan agreement or other agreement or instrument to which the Company Clearwire or any of its subsidiaries is a party or by which the Company Clearwire or any of its subsidiaries is bound or to which any of the property or assets of the Company Clearwire or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator arbitrator, administrative agency or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) to the Company’s and each Guarantor’s knowledge, in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, (A) in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse EffectEffect and (B) in the case of clause (ii) above, with respect to the Existing Notes which will be repaid in full upon the consummation of the Transactions.
Appears in 1 contract
Samples: Hanesbrands Inc.
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in defaultdefault or non-compliance in any material respect, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, be reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets asset of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, having jurisdiction over the Company, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Zymergen Inc.
No Violation or Default. Neither the Company nor any of its significant subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its significant subsidiaries is a party or by which the Company or any of its significant subsidiaries is bound or to which any of the property property, right or assets asset of the Company or any of its significant subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would notnot reasonably be expected, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries subsidiary is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries subsidiary is a party or by which the Company or any of its subsidiaries subsidiary is bound or to which any of the property or assets of the Company or any of its subsidiaries subsidiary is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority having jurisdiction over the Company and its subsidiary or any of their respective properties, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, having jurisdiction over the Company or any of its subsidiaries, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Oric Pharmaceuticals, Inc.
No Violation or Default. Neither None of the Company nor any of or its subsidiaries is (i) in violation of its charter certificate of incorporation or bylaws (or similar organizational documents; document), (ii) in default, and no event has occurred that, with notice breach or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulationjudgment, ordinance or any judgmentdecree, order, rule or regulation applicable to any of them or any court of their respective properties or arbitrator or governmental or regulatory authorityassets, except, in the case of clauses (ii) and (iii) above, except for any such default breach or violation that would not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect, or (iii) in breach of or default under (nor has any event occurred that, with notice or passage of time or both, would constitute a default under) or in violation of any of the terms or provisions of any indenture, mortgage, deed of trust, loan agreement, note, lease, license, franchise agreement, permit, certificate, contract or other agreement or instrument to which any of them is a party or to which any of them or their respective properties or assets is subject (collectively, “Contracts”), except for any such breach, default, violation or event that would not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Griffon Corp
No Violation or Default. Neither the Company Parent nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar constitutional or organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company Parent or any of its subsidiaries is a party or by which the Company Parent or any of its subsidiaries is bound or to which any of the property or assets of the Company Parent or any of its subsidiaries is subject; or (iii) to the Company’s and each Guarantor’s knowledge, in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, except in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company Omneon nor any of its subsidiaries Subsidiaries is (i) in violation of its charter Certificate of Incorporation or bylaws By-Laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company Omneon or any of its subsidiaries Subsidiaries is a party or by which the Company Omneon or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company Omneon or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityGovernmental Entity, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither Except as set forth in the Registration Statement or Prospectus, neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any material term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is Subsidiaries are subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityGovernmental Authority, except, in the case of each of clauses (ii) and (iii) above, for any such violation or default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property property, right or assets asset of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, be reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Rli Corp
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement agreement, lease or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property property, right or assets asset of the Company or any of its subsidiaries s is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (iii) and (iii) aboveof this sentence, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Purchase Agreement (Gartner Inc)
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property property, right or assets asset of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its Material Subsidiaries is in violation of its charter or by-laws or similar organizational documents; and neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument evidencing or securing financial indebtedness to which the Company or any of its subsidiaries such subsidiary is a party or by which the Company or any of its subsidiaries such subsidiary is bound or to which any of the property or assets of the Company or any of its subsidiaries such subsidiary is subject; or (iiiii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any applicable governmental or regulatory authority or court or arbitrator having jurisdiction over the Company or governmental such subsidiary or regulatory authorityany of their respective property, except, in the case of clauses (iii) and (iiiii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Ternium S.A.
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in defaultdefault in any material respect, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation in any material respect of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Kansas City Southern
No Violation or Default. Neither None of the Company Ladder Parties nor any of its their subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any lease, indenture, mortgage, deed of trust, loan agreement or other agreement contract, agreement, instrument or instrument obligation to which any of the Company Ladder Parties or any of its their subsidiaries is a party or by which any of the Company Ladder Parties or any of its their subsidiaries is bound or to which any property, right or asset of any of the property or assets of the Company Ladder Parties or any of its their subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Ladder Capital Corp
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, in each case applicable to the Company, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the None of Company nor or any of its subsidiaries (A) is (i) in violation of its charter charter, certificate of formation, bylaws, limited partnership agreement or bylaws limited liability company agreement (or similar organizational documents; ), (iiB) is in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a defaultdefault or breach, in the due performance or observance of any term, covenant covenant, condition or condition other obligation contained in any indenture, mortgage, deed of trust, loan agreement agreement, license, lease or other agreement or instrument to which the Company or any of its subsidiaries it is a party or by which the Company or any of its subsidiaries it is bound or to which any of its properties or assets is subject, or would result in the imposition of any Lien upon any property or assets of the Company or any of its subsidiaries is subject; subsidiaries, or (iiiC) is in violation of any applicable law, statute, administrative regulation, ordinance statute or judgment or any judgmentorder, orderdecree, rule or regulation of any court or arbitrator or governmental or regulatory authorityagency or body having jurisdiction over it or its property or assets or has failed to obtain any license, exceptpermit, certificate, franchise or other governmental authorization or permit necessary to the ownership of its property or to the conduct of its business, except in the case of clauses (iiB) and (iii) aboveC), for to the extent any such conflict, breach, violation or default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a defaultdefault by the Company or any of its subsidiaries, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would notnot reasonably be expected, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: ECPM Holdings, LLC
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) except as set forth in the Time of Sale Information and the Offering Memorandum, in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Ralcorp Holdings Inc /Mo
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority having jurisdiction over the Company or any of its Subsidiaries, except, in the case of clauses (ii(ii) and (iii(iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by‑laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is Subsidiaries are subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityGovernmental Authority, except, in the case of each of clauses (ii) and (iii) above, for any such violation or default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any material indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance material law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority having jurisdiction over the Company or any of its Subsidiaries, except, in as the case of clauses (ii) and (iii) abovemay be, except for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries the Guarantors is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement agreement, lease or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Trinity Industries Inc
No Violation or Default. Neither the Company nor any of its subsidiaries is is: (i) in violation of its charter or bylaws articles of incorporation, by-laws or similar organizational documents; (ii) except as disclosed in the Registration Statement, the Pricing Disclosure Package and the Final Prospectus, in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant covenant, condition or condition other obligation contained in any indenture, mortgage, deed of trust, loan agreement agreement, contract, undertaking or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property property, right or assets asset of the Company or any of its subsidiaries is subject; or (iii) in violation of any law or statute applicable law, statute, administrative regulation, ordinance to the Company or any of its subsidiaries or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority having jurisdiction over the Company or any of its subsidiaries, or any of their respective properties or assets, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter certificate of incorporation or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default default, violation or violation event that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Aleris Corp)
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or of any of its subsidiaries Subsidiaries is subject; or (iii) to the Company's knowledge, in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of each of clauses (ii) and (iii) above, for any such violation or default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Ariad Pharmaceuticals Inc
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets asset of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Securities Purchase Agreement (Frequency Therapeutics, Inc.)
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiary is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) to the knowledge of the Company, in default, and and, no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiary is a party or by which the Company or any of its subsidiaries Subsidiary is bound or to which any of the property or assets of the Company or any of its subsidiaries Subsidiary is subject; or (iii) to the knowledge of the Company, in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would notnot reasonably be expected, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. (i) Neither the Company Issuer nor any of its significant subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) neither the Issuer nor any of its subsidiaries is in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries such person is a party or by which the Company or any of its subsidiaries such person is bound or to which any of the property property, rights or assets of such person is subject; and (iii) neither the Company or Issuer nor any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Dollar Tree Inc
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets asset of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, having jurisdiction over the Company or any of its subsidiaries, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Common Stock Sales Agreement (Elevation Oncology, Inc.)
No Violation or Default. Neither As of the date hereof, neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would notcould not reasonably be expected to, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Lexar Media Inc
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, having jurisdiction over the Company, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would notnot reasonably be expected, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Cava Group, Inc.
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets asset of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, having jurisdiction over the Company or any of its subsidiaries, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar constitutional or organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) to the Company’s and each Guarantor’s knowledge, in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Hanesbrands Inc.
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws or similar organizational documentsby-laws; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Purchase Agreement (Deluxe Corp)
No Violation or Default. Neither None of the Company nor or any of its subsidiaries Significant Subsidiaries is (i) in violation of its charter articles of incorporation or bylaws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries Subsidiaries is (i) in violation of its charter or bylaws by-laws, in each case as currently in effect, or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries Subsidiaries is a party or by which the Company or any of its subsidiaries Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is Subsidiaries are subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityGovernmental Authority, except, in the case of each of clauses (ii) and (iii) above, for any such violation or default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violation or Default. Neither the Company nor any of its subsidiaries is (i) in violation of its charter or bylaws by-laws or similar organizational documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authorityauthority having jurisdiction over the Company, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Bloom Energy Corp
No Violation or Default. Neither the Company nor any of its subsidiaries the Significant Subsidiaries is (i) in violation of its charter or bylaws estatutos sociales or similar organizational constitutive documents; (ii) in default, and no event has occurred that, with notice or lapse of time or both, would constitute such a default, in the due performance or observance of any term, covenant or condition contained in any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its subsidiaries the Significant Subsidiaries is a party or by which the Company or any of its subsidiaries the Significant Subsidiaries is bound or to which any of the property or assets of the Company or any of its subsidiaries the Significant Subsidiaries is subject; or (iii) in violation of any applicable law, statute, administrative regulation, ordinance law or statute or any judgment, order, rule or regulation of any court or arbitrator or arbitrator, governmental or regulatory authority, except, in the case of clauses (ii) and (iii) above, for any such default or violation that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Grupo Aval Acciones Y Valores S.A.