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

Non-Contravention of Existing Instruments. Neither the execution, delivery and performance of this Agreement by the Company nor the issue and sale of the Shares contemplated herein and in the Prospectus nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, or imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of its subsidiaries pursuant to, (i) the certificate of incorporation or bylaws of the Company or any of its 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 its subsidiaries is a party or bound or to which its or their property is subject, or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of its subsidiaries of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company or any of its subsidiaries or any of its or their properties, except in the case of clauses (ii) and (iii), for such breach or violation as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Non-Contravention of Existing Instruments. Neither None of the Company or any of its subsidiaries is in violation of its charter or by-laws or in default in the performance or observance of any obligation, agreement, covenant or condition contained in any contract, indenture, mortgage, deed of trust, loan 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 it or any of them may be bound, or to which any of the property or assets of the Company or any subsidiary is subject (collectively, "Agreements and Instruments") except for such defaults that would not result in a Material Adverse Effect; and the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated in this Agreement and in the Offering Memorandum and compliance by the Company nor with its obligations hereunder have been duly authorized by all necessary corporate action and do not and will not, whether with or without the issue and sale giving of the Shares contemplated herein and notice or passage of time or both, conflict with or constitute a breach of, or default or Repayment Event (as defined below) under, or result in the Prospectus nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, creation or imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of its subsidiaries subsidiary pursuant to, the Agreements and Instruments (i) except for such conflicts, breaches or defaults or liens, charges or encumbrances that would not result in a Material Adverse Effect), nor will such action result in any violation of the certificate provisions of incorporation the charter or bylaws by-laws of the Company or any of its subsidiariessubsidiary, (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 its subsidiaries is a party or bound or to which its or their property is subjectapplicable law, or (iii) any statute, law, rule, regulation, judgment, order order, writ or decree applicable to the Company or any of its subsidiaries of any government, government instrumentality or court, regulatory bodydomestic or foreign, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company or any of its subsidiaries or any of its or their properties, except in the case of clauses (ii) and (iii), for such breach or violation as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.over

Non-Contravention of Existing Instruments. Neither The issue and sale of the Shares, the execution, delivery and performance of this Agreement by the Company nor Company, the issue consummation of the transactions contemplated hereby and the application of the proceeds from the sale of the Shares contemplated herein and as described under “Use of Proceeds” in the Registration Statement, the Base Prospectus nor and the fulfillment of the terms hereof Prospectus will not (i) conflict with, with or result in a breach or violation of any of the terms or provisions of, or imposition of impose any lien, charge or encumbrance upon any property or assets of the Company or any of its subsidiaries pursuant to, (i) the certificate of incorporation or bylaws of the Company or any of and its subsidiaries, (ii) the terms of or constitute a default under, any indenture, contract, lease, mortgage, deed of trust, note loan agreement, loan agreement license, lease or other agreement, obligation, condition, covenant agreement or instrument to which the Company or any of its subsidiaries is a party or bound or to by which its or their property is subject, or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to 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; (ii) result in any violation of the provisions of the articles of association, charter or by-laws (or similar organizational documents) of the Company or any of its subsidiaries; or (iii) result in any violation of any courtstatute or any judgment, regulatory bodyorder, administrative agencydecree, rule or regulation of any court or governmental body, arbitrator agency or other authority body having jurisdiction over the Company or any of its subsidiaries or any of its their properties or their propertiesassets, except in the case of except, with respect to clauses (iii) and (iii), for such breach conflicts, breaches, violations, liens, charges, encumbrances or violation as defaults that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Non-Contravention of Existing Instruments. Neither the execution, delivery and performance of this Agreement by the Company nor the issue and sale of the Shares contemplated herein and in the Prospectus nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, or imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of its subsidiaries pursuant to, (i) the certificate of incorporation articles or bylaws by-laws of the Company or any of its 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 its subsidiaries is a party or bound or to which its or their property is subject, or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of its subsidiaries of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company or any of its subsidiaries or any of its or their properties, except in the case of clauses (ii) and (iii), for such breach or violation as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Non-Contravention of Existing Instruments. Neither the execution, delivery and performance of this Agreement by the Company nor the issue and sale of the Shares nor the consummation of any other of the transactions herein contemplated herein and in the Prospectus nor the fulfillment of the terms hereof will conflict with, result in a breach or violation of, or imposition of any lien, charge or encumbrance upon any property or assets of the Company or any of its subsidiaries pursuant to, (i) the certificate of incorporation charter or bylaws by-laws or similar organizational documents of the Company or any of its 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 its subsidiaries is a party or bound or to which its or their property is subject, or (iii) any statute, law, rule, regulation, judgment, order or decree applicable to the Company or any of its subsidiaries of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over the Company or any of its subsidiaries or any of its or their properties, except in the case of clauses (ii) and (iii), ) for such breach breach, violation or violation imposition as would not, individually or in the aggregate, not reasonably be expected to have a Material Adverse Effect.