No Violations or Defaults. Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (B) as would not reasonably be expected to have a Material Adverse Effect.
Appears in 9 contracts
Samples: Sales Agreement (Beyond Air, Inc.), Sales Agreement (Beyond Air, Inc.), Common Stock Purchase Agreement (Beyond Air, Inc.)
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, documents or (B) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them it may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (B) ), as would not reasonably be expected to have result in a Material Adverse Effect.
Appears in 6 contracts
Samples: Purchase Agreement (Orthopediatrics Corp), Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (Orthopediatrics Corp)
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws bylaws or other organizational documents, or (B) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject; except, except in the case of clause (B) as above, for any such breach or default that would not reasonably be expected expected, individually or in the aggregate, to have a Material Adverse Effect.
Appears in 5 contracts
Samples: Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (Naked Brand Group Inc.), Underwriting Agreement (BioPharmX Corp)
No Violations or Defaults. (A) Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in breach of or otherwise in default, default and (B) no event has occurred which, with notice or lapse of time or both, would constitute such a default in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it the Company or any of its subsidiaries is subject or by which any of them may be bound, or to which any of the material their property or assets of the Company or any of its subsidiaries is subject, except except, in the case of clause clauses (A) (with respect to the subsidiaries that are not Significant Subsidiaries) and (B) ), as would not reasonably be expected to have a Material Adverse Effect.
Appears in 4 contracts
Samples: Underwriting Agreement (K2m Group Holdings, Inc.), Underwriting Agreement (K2m Group Holdings, Inc.), Purchase Agreement (K2m Group Holdings, Inc.)
No Violations or Defaults. (a) Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in breach of or otherwise in default, and (b) no event has occurred which, with notice or lapse of time or both, would constitute such a default in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (B) as b), where such default would not reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Underwriting Agreement (Direct Digital Holdings, Inc.), Underwriting Agreement (Direct Digital Holdings, Inc.), Underwriting Agreement (Direct Digital Holdings, Inc.)
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws bylaws or other organizational documents, or (B) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except subject that could in the case of clause (B) as would not reasonably be expected to have result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Purchase Agreement (Adamis Pharmaceuticals Corp), Purchase Agreement (Adamis Pharmaceuticals Corp)
No Violations or Defaults. (A) Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws by‑laws or other organizational documents, or (B) in breach of or otherwise in default, default and (B) no event has occurred which, with notice or lapse of time or both, would constitute such a default in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it the Company or any of its subsidiaries is subject or by which any of them may be bound, or to which any of the material their property or assets of the Company or any of its subsidiaries is subject, except except, in the case of clause clauses (A) (with respect to the subsidiaries that are not Significant Subsidiaries) and (B) ), as would not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Purchase Agreement (K2m Group Holdings, Inc.), Purchase Agreement (K2m Group Holdings, Inc.)
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (Ai) in violation of its respective charter, by-laws or other organizational documents, or (Bii) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (Bii) as above for such breaches or defaults that, individually or in the aggregate, would not reasonably be expected to have result in a Material Adverse EffectEffect on the Company and its subsidiaries, taken as a whole.
Appears in 2 contracts
Samples: Underwriting Agreement (Argos Therapeutics Inc), Purchase Agreement (Argos Therapeutics Inc)
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except except, in the case of this clause (B) ), as would not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Lock Up Agreement (Surgalign Holdings, Inc.), Underwriting Agreement (Surgalign Holdings, Inc.)
No Violations or Defaults. Neither the Company nor any of its subsidiaries is in violation of (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (B) ), as would not reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Purchase Agreement (ElectroCore, LLC), Purchase Agreement (ElectroCore, LLC)
No Violations or Defaults. Neither the Company nor any of its subsidiaries Significant Subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except as would not, individually or in the case of clause (B) as would not aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (B) as would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violations or Defaults. (A) Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in breach of or otherwise in default, and (B) no event has occurred which, with notice or lapse of time or both, would constitute such a default in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (B) as ), to the extent that such default would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (Ai) in violation of its respective charter, by-laws or other organizational documents, or (Bii) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subjectsubject except, except in the case of clause (Bii) as above, for any such default or violation that would not not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in breach of or otherwise in default, and (C) no event has occurred which, with notice or lapse of time or both, would constitute such a default in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (B) and (C) as would not reasonably be expected to have result in a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Catalyst Biosciences, Inc.)
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (Ai) in violation of its respective charter, by-laws or other organizational documents, or (Bii) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (B) as would not reasonably be expected to have result in a Material Adverse Effect.
Appears in 1 contract
No Violations or Defaults. Neither the Company nor any of its subsidiaries Subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries Subsidiaries is subject, except in the case of clause (B) as would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (Ai) in violation of its respective charter, by-laws bylaws or other organizational documents, or (Bii) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (B) as would not reasonably be expected to have result in a Material Adverse Effect.
Appears in 1 contract
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (Ai) in violation of its respective charter, by-laws or other organizational documents, or (Bii) in material breach of or otherwise in defaultmaterial default under, and no event has occurred which, with notice or lapse of time or both, would constitute such a breach or default in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property properties or assets of the Company or any of its subsidiaries is subject, except in the case of clause this subsection (Bii) for such breach or default as would not reasonably be expected to have not, individually or in the aggregate, result in a Material Adverse EffectChange.
Appears in 1 contract
No Violations or Defaults. Neither the Company nor any of its subsidiaries is in (Ai) in violation of its respective charter, by-laws or other organizational documents, or (Bii) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except except, in the case of clause (Bii) as above, for any such breach or default that would not reasonably be expected to not, individually or in the aggregate, have a Material Adverse Effect.
Appears in 1 contract
Samples: Underwriting Agreement (Gelesis Inc)
No Violations or Defaults. Neither the Company nor any of its subsidiaries is (A) in violation of its respective charter, by-laws or other organizational documents, or (B) in 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 in the performance of any material obligation, agreement or condition contained in any bond, debenture, note, indenture, loan agreement or any other material contract, lease or other instrument to which it is subject or by which any of them may be bound, or to which any of the material property or assets of the Company or any of its subsidiaries is subject, except in the case of clause (B) as would not reasonably be expected to have result in a Material Adverse Effect.
Appears in 1 contract
Samples: Purchase Agreement (Conns Inc)