Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such Selling Stockholder of, and the performance by such Selling Stockholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not conflict with or constitute a breach of, or Default under, any other agreement or instrument to which such Selling Stockholder is a party or by which it is bound or under which it is entitled to any right or benefit, and (ii) will not result in any violation of any statute, law, regulation, order or decree applicable to such Selling Stockholder of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over such Selling Stockholder or its properties. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASD.
Appears in 4 contracts
Samples: Underwriting Agreement (Western Refining, Inc.), Underwriting Agreement (Western Refining, Inc.), Underwriting Agreement (Cybex International Inc)
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such the Selling Stockholder of, and the performance by such the Selling Stockholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, or require the consent of any other party to any agreement or instrument to which such the Selling Stockholder is a party or by which it is bound or under which it is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such the Selling Stockholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such the Selling Stockholder or its propertiesStockholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such the Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASD.
Appears in 2 contracts
Samples: Underwriting Agreement (Ev3 Inc.), Underwriting Agreement (Ev3 Inc.)
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such Selling Stockholder of, and the performance by such Selling Stockholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, or require the consent of any other party to any agreement or instrument to which such Selling Stockholder is a party or by which it he is bound or under which it he is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such Selling Stockholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such Selling Stockholder or its propertiesStockholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASD.
Appears in 2 contracts
Samples: Underwriting Agreement (Petroleum Development Corp), Underwriting Agreement (Petroleum Development Corp)
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such Selling Stockholder of, and the performance by such Selling Stockholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, or require the consent of any other party to, the organizational documents of such Selling Stockholder or any other agreement or instrument to which such Selling Stockholder is a party or by which it is bound or under which it is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such Selling Stockholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such Selling Stockholder or its propertiesStockholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASD.
Appears in 2 contracts
Samples: Agreement (U S Restaurant Properties Inc), Underwriting Agreement (U S Restaurant Properties Inc)
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such Selling Stockholder Shareholder of, and the performance by such Selling Stockholder Shareholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, or require the consent of any other party to any agreement or instrument to which such Selling Stockholder Shareholder is a party or by which it is bound or under which it is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such Selling Stockholder Shareholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such Selling Stockholder or its propertiesShareholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such Selling Stockholder Shareholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASD.
Appears in 1 contract
Samples: Creditrust Corp
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such the Selling Stockholder of, and the performance by such the Selling Stockholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, or require the consent of any other party to, the organizational documents of the Selling Stockholder or any other agreement or instrument to which such the Selling Stockholder is a party or by which it is bound or under which it is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such the Selling Stockholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such the Selling Stockholder or its propertiesStockholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such the Selling Stockholder of the transactions contemplated in this Agreement, except such as (i) have been obtained or made by the Company and are in full force and effect under the Securities Act, and (ii) may be required by applicable state securities or blue sky laws and from the NASD.
Appears in 1 contract
Samples: Underwriting Agreement (Boots & Coots International Well Control Inc)
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such Selling Stockholder of, and the performance by such Selling Stockholder of its obligations under, this Agreement, the Custody Agreement and Agreement, the Power of Attorney and in the case of the Warrant Selling Stockholder, the Warrant Transaction Documents (as defined herein) (i) will not result in any Default under, or require the consent of any other party to, the charter or by-laws, partnership agreement, trust agreement or other organizational documents, as the case may be, of such Selling Stockholder, (ii) will not conflict with or constitute a breach of, or Default under, any other material agreement or instrument to which such Selling Stockholder is a party or by which it is bound or under which it is entitled to any right or benefitbound, and (iiiii) will not result in any violation of any material statute, law, regulation, order or decree applicable to such Selling Stockholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such Selling Stockholder or its propertiesStockholder. No material consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASD.
Appears in 1 contract
Samples: Underwriting Agreement (Ruths Chris Steak House, Inc.)
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such Selling Stockholder of, and the performance by such Selling Stockholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, the partnership agreement of such Selling Stockholder or any other material agreement or instrument to which such Selling Stockholder is a party or by which it is bound or under which it is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such Selling Stockholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such Selling Stockholder or its propertiesStockholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASDlaws.
Appears in 1 contract
Samples: Underwriting Agreement (Walter Industries Inc /New/)
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such the Selling Stockholder of, and the performance by such the Selling Stockholder of its his obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, or require the consent of any other party to, any agreement or instrument to which such the Selling Stockholder is a party or by which it he is bound or under which it he is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such the Selling Stockholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such the Selling Stockholder or its propertiesStockholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such the Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASD.
Appears in 1 contract
Samples: Streamline Com Inc
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such the Selling Stockholder of, and the performance by such the Selling Stockholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, or require the consent of any other party to, any agreement or instrument to which such the Selling Stockholder is a party or by which it he is bound or under which it he is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such the Selling Stockholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such the Selling Stockholder or its propertiesStockholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such the Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASD.
Appears in 1 contract
Samples: Underwriting Agreement (Abiomed Inc)
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such Selling Stockholder of, and the performance by such Selling Stockholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, or require the consent of any other party to, any agreement or instrument to which such Selling Stockholder is a party or by which it is bound or under which it is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such Selling Stockholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such Selling Stockholder or its propertiesStockholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASD.
Appears in 1 contract
Samples: Underwriting Agreement (Gasonics International Corp)
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such the Selling Stockholder of, and the performance by such the Selling Stockholder of its obligations under, this Agreement, Agreement and the Custody Agreement and the Power of Attorney (i) will not conflict with or constitute a breach of, or Default under, any other agreement or instrument to which such the Selling Stockholder is a party or by which it is bound or under which it is entitled to any right or benefit, and (ii) will not result in any violation of any statute, law, regulation, order or decree applicable to such the Selling Stockholder of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over such the Selling Stockholder or its properties. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such the Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASD.
Appears in 1 contract
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such Selling Stockholder of, and the performance by such Selling Stockholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, or require the consent of any other party to, any agreement or instrument to which such Selling Stockholder is a party or by which it is bound or under which it is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such Selling Stockholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such Selling Stockholder or its propertiesStockholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such Selling Stockholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state securities or blue sky laws and from the NASDFINRA.
Appears in 1 contract
Samples: Underwriting Agreement (Inverness Medical Innovations Inc)
Non-Contravention; No Further Authorizations or Approvals Required. The execution and delivery by such Selling Stockholder Shareholder of, and the performance by such Selling Stockholder Shareholder of its obligations under, this Agreement, the Custody Agreement and the Power of Attorney (i) will not contravene or conflict with or constitute with, result in a breach of, or constitute a Default under, or require the consent of any other party to any agreement or instrument to which such Selling Stockholder Shareholder is a party or by which it is bound or under which it is entitled to any right or benefit, and (ii) will not result in any violation provision of applicable law or any statutejudgment, laworder, regulation, order decree or decree regulation applicable to such Selling Stockholder Shareholder of any court, regulatory body, administrative agency, governmental body, body or arbitrator or other authority having jurisdiction over such Selling Stockholder or its propertiesShareholder. No consent, approval, authorization or other order of, or registration or filing with, any court or other governmental authority or agency, is required for the consummation by such Selling Stockholder Shareholder of the transactions contemplated in this Agreement, except such as have been obtained or made and are in full force and effect under the Securities Act, applicable state and foreign securities or blue sky laws and from the NASD.
Appears in 1 contract
Samples: Underwriting Agreement (Sanders Morris Harris Group Inc)