Common use of Non-Contravention of Existing Instruments and Agreements Clause in Contracts

Non-Contravention of Existing Instruments and Agreements. Neither the issue and sale of the Shares, the consummation of any of the other transactions contemplated herein nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, or result in the imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of the Subsidiaries pursuant to (i) the charter or by-laws of the Company or any of the Subsidiaries, (ii) the terms of any indenture, contract, lease, mortgage, deed of trust, note agreement, loan agreement or other agreement, obligation, condition, covenant or instrument to which the Company or any of the Subsidiaries is a party or bound or to which its properties are subject or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of the Subsidiaries of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company, any of the Subsidiaries or any of their properties.

Appears in 3 contracts

Samples: Underwriting Agreement (Netegrity Inc), Underwriting Agreement (Netegrity Inc), Underwriting Agreement (Netegrity Inc)

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Non-Contravention of Existing Instruments and Agreements. Neither the issue and sale of the Shares, Shares nor the consummation performance by the Company of any of the other transactions contemplated herein its obligations under this Agreement nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, or result in the loss of any benefit under, or give rise to a right of acceleration or any other right, or the imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of the Subsidiaries pursuant to to: (i) the charter or by-laws of the Company or any of the Subsidiaries, Company; (ii) the terms of any indenture, contract, lease, mortgage, deed of trust, note agreement, loan agreement or other agreement, obligation, condition, covenant or instrument to which the Company or any of the Subsidiaries is a party or is bound or to which any of its properties are property is subject and which conflict, breach or violation is reasonably likely to have a Material Adverse Effect on the Company; or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of the Subsidiaries of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company, any of the Subsidiaries Company or any of their propertiesits property.

Appears in 2 contracts

Samples: Purchase Agreement (Rigel Pharmaceuticals Inc), Purchase Agreement (Rigel Pharmaceuticals Inc)

Non-Contravention of Existing Instruments and Agreements. Neither the issue and sale of the Shares, the consummation of any of the other transactions contemplated herein nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, or result in the imposition of any lien, charge or encumbrance upon any property or assets of the Company or any either of the Subsidiaries pursuant to (i) the charter or by-by- laws of the Company or any either of the Subsidiaries, (ii) the terms of any indenture, contract, lease, mortgage, deed of trust, note agreement, loan agreement or other agreement, obligation, condition, covenant or instrument to which the Company or any either of the Subsidiaries is a party or bound or to which its properties are subject or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any either of the Subsidiaries of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company, any either of the Subsidiaries or any of their properties.

Appears in 2 contracts

Samples: Underwriting Agreement (Netsolve Inc), Netsolve Inc

Non-Contravention of Existing Instruments and Agreements. Neither the issue and sale of the Shares, Shares nor the consummation of any other of the other transactions herein contemplated herein nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, of or result in the imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of the Subsidiaries its subsidiaries pursuant to (i) the charter or by-laws of the Company or any of the Subsidiariesits subsidiaries, (ii) the terms of any indenture, contract, lease, mortgage, deed of trust, note agreement, loan agreement or other agreement, obligation, condition, covenant or instrument to which the Company or any either of the Subsidiaries its subsidiaries is a party or bound or to which the Company or either of its properties are subsidiaries property is subject or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of the Subsidiaries its subsidiaries of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company, any of the Subsidiaries Company or its subsidiaries or any of its or their properties, which conflict, breach or violation could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Underwriting Agreement (Centra Software Inc)

Non-Contravention of Existing Instruments and Agreements. Neither the issue and sale of the Shares, Shares by the Company to the Underwriters nor the consummation of any other of the other transactions herein contemplated herein nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, of or result in the imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of the Subsidiaries its subsidiaries pursuant to to, (i) the charter or by-laws of the Company or any of the Subsidiariesits subsidiaries, (ii) the terms of any indenture, contract, lease, mortgage, deed of trust, note agreement, loan agreement or other agreement, obligation, condition, covenant or instrument to which the Company or any of the Subsidiaries its subsidiaries is a party or bound or to which its any of their respective properties are is subject or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of the Subsidiaries its subsidiaries of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company, any of the Subsidiaries or any of their properties.authority

Appears in 1 contract

Samples: Underwriting Agreement (Charlotte Russe Holding Inc)

Non-Contravention of Existing Instruments and Agreements. Neither the issue and sale of the Shares, Shares nor the consummation of any other of the other transactions herein contemplated herein nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, or result in the imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of the Subsidiaries its subsidiaries pursuant to to, (i) the charter or by-laws of the Company or any of the Subsidiariesits subsidiaries, (ii) the terms of any indenture, contract, lease, mortgage, deed of trust, note agreement, loan agreement or other agreement, obligation, condition, covenant or instrument to which the Company or any of the Subsidiaries its subsidiaries is a party or bound or to which its properties are or their property is subject or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of the Subsidiaries its subsidiaries of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company, any of the Subsidiaries Company or any of its subsidiaries or any of its or their properties.

Appears in 1 contract

Samples: Underwriting Agreement (Webridge Inc)

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Non-Contravention of Existing Instruments and Agreements. Neither the issue issuance and sale of the Shares, Shares nor the consummation of any other of the other transactions herein contemplated herein nor the fulfillment of the terms hereof will conflict with, with or result in a breach or violation of, or result in the imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of its subsidiary, in each case material to the Subsidiaries Company and its subsidiary considered as one enterprise, pursuant to (i) the charter or by-laws of the Company or any of the Subsidiariesits subsidiary, (ii) the terms of any indenture, contract, lease, mortgage, deed of trust, note agreement, loan agreement or other agreement, obligation, condition, covenant or instrument to which the Company or any of the Subsidiaries its subsidiary is a party or bound or to which its properties are or their property is subject or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of the Subsidiaries its subsidiary of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company, any of the Subsidiaries Company or its subsidiary or any of its or their properties.

Appears in 1 contract

Samples: Underwriting Agreement (Navisite Inc)

Non-Contravention of Existing Instruments and Agreements. Neither the issue and sale of the Shares, Shares by the Company nor the consummation by the Company of any other of the other transactions herein contemplated herein nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, or result in the imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of the Subsidiaries its subsidiary pursuant to to, (i) the charter or by-laws of the Company or any of the Subsidiariesits subsidiary, (ii) the terms of any indenture, contract, lease, mortgage, deed of trust, note agreement, loan agreement or other agreement, obligation, condition, covenant or instrument to which the Company or any of the Subsidiaries its subsidiary is a party or bound or to which its properties are or their property is subject or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of the Subsidiaries its subsidiary of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company, any of the Subsidiaries Company or its subsidiary or any of its or their properties.

Appears in 1 contract

Samples: Rudolph Technologies Inc

Non-Contravention of Existing Instruments and Agreements. Neither the issue and sale of the Shares, Shares nor the consummation of any other of the other transactions herein contemplated herein nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, or result in the imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of the Subsidiaries its subsidiaries pursuant to to, (i) the charter or by-laws or other organizational documents of the Company or any of the Subsidiariesits subsidiaries, (ii) the terms of any indenture, contract, lease, mortgage, deed of trust, note agreement, loan agreement or other agreement, obligation, condition, covenant or instrument to which the Company or any of the Subsidiaries its subsidiaries is a party or bound or to which its properties are or their property is subject or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of the Subsidiaries its subsidiaries of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company, any of the Subsidiaries Company or any of its subsidiaries or any of its or their properties.

Appears in 1 contract

Samples: Underwriting Agreement (Redwood Trust Inc)

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