Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned
Appears in 2 contracts
Samples: Series E Preferred Stock Purchase Agreement (Signal Pharmaceuticals Inc), Series E Preferred Stock Purchase Agreement (Signal Pharmaceuticals Inc)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of and the Company and reasonably believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted according to the Overview. The Company is not in default in any respect under any of such franchises, permits, licenses or other similar authority where such default has caused or could reasonably be expected to cause a Material Adverse Effect.
Appears in 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Azul Holdings Inc), Series a Preferred Stock Purchase Agreement (Cadmus Communications Corp/New)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for of the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Cove Hill Consulting Inc), Warrant Purchase Agreement (Cove Hill Consulting Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted in the Financial Plan. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Samples: Convertible Subordinated Secured Note and Warrant Purchase Agreement (Bluestone Software Inc), Series B Preferred Stock Purchase Agreement (Bluestone Software Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it. The Company is not in default under any of such franchises, the lack of which could materially and adversely affect the businesspermits, properties, prospects, licenses or financial condition of the Company and believes it can obtain, without undue burden or expense, any other similar authority for the conduct of its business as plannedauthority.
Appears in 2 contracts
Samples: Securities Purchase Agreement (FCCC Inc), Stock Purchase Agreement (First Connecticut Capital Corp/New/)
Permits. The Company has all franchises, permits, licenses, and any ------- similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. To its knowledge, the Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Petsmart Com Inc), Preferred Stock Purchase Agreement (Petsmart Com Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businesswould constitute a Material Adverse Event, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, license, or other similar authority.
Appears in 2 contracts
Samples: Series E Preferred Stock Purchase Agreement (Concur Technologies Inc), Series D Preferred Stock Purchase Agreement (Concur Technologies Inc)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or any other similar authority.
Appears in 2 contracts
Samples: Series E Convertible Preferred Stock Purchase Agreement (Akamai Technologies Inc), Series F Convertible Preferred Stock Purchase Agreement (Akamai Technologies Inc)
Permits. The Company has all franchises, permits, licenses, ------- and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition or results of operations of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedproposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Samples: Series C Preferred Stock and Warrant Purchase Agreement (Worldres Com Inc), Series D Preferred Stock Purchase Agreement (Worldres Com Inc)
Permits. The Company has obtained all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 2 contracts
Samples: Series D and Series D 1 Preferred Stock Purchase Agreement (Glu Mobile Inc), Series D Preferred Stock Purchase Agreement (Glu Mobile Inc)
Permits. The To the best of its knowledge, the Company has all franchises, permits, licenses, approvals and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 2 contracts
Samples: Purchase Agreement (Comc Inc), Series a Preferred Stock Purchase Agreement (Comc Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially have a Material Adverse Effect, and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. All of such franchises, permits, licenses or other similar authority are in full force and effect. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Samples: Merger Agreement (Zynerba Pharmeceuticals, Inc.), Merger Agreement (Zynerba Pharmeceuticals, Inc.)
Permits. The To the best of the Company's knowledge, the Company has has, or is in the process of obtaining, all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the its business, properties, prospects, properties or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Tengtu International Corp), Stock Purchase Agreement (D Angelo Brands Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could would materially and adversely affect the business, properties, prospects, properties or financial condition of the Company Company, and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 2 contracts
Samples: Series C Preferred Stock Purchase Agreement (Trans1 Inc), Series C Preferred Stock Purchase Agreement (Trans1 Inc)
Permits. The Company has all franchises, permits, licenses, licenses and any other similar authority authorities necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businessassets, properties, prospectsfinancial condition, operating results, prospects or financial condition business of the Company, and the Company and believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default under any such franchises, permits, licenses or other similar authority.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Netgateway Inc), Stock Purchase Agreement (Netgateway Inc)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business business, as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expenseexpenses, any similar authority for the conduct of its business as plannedplanned to be conducted in the Business Plan. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 2 contracts
Samples: Series B Preferred Stock Purchase Agreement (Zamba Corp), Series a Preferred Stock Purchase Agreement (Zamba Corp)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 2 contracts
Samples: Licensing Agreement (Orchid Biosciences Inc), License and Supply Agreement (Orchid Biosciences Inc)
Permits. The Company has obtained all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, properties or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Wave Systems Corp), Stock Purchase Agreement (Wave Systems Corp)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by itconducted, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Argonaut Technologies Inc)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businessCompany, properties, prospects, or financial condition of and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially would have a Material Adverse Effect, and adversely affect the business, properties, prospects, or financial condition of the Company and believes has a reasonable basis to believe that it can obtain, without undue burden or expense, any similar authority for the conduct of its the Company's business as plannedpresently planned to be conducted, The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Franklin Wireless Corp)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, licenses and any ------- similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Virtual Telecom Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businesswould have a Material Adverse Effect, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Permits. The Each of the Company and its subsidiaries has all material franchises, permits, licenses, and any similar authority necessary for the conduct of its business the Business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of the Business as currently proposed to be conducted. Neither the Company nor any of its business as plannedsubsidiaries is in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Logitech International Sa)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by itcurrent business, the lack of which could would, individually or in the aggregate, materially and adversely affect the Company's business, properties, prospects, or financial condition or results of operations, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Navisite Inc)
Permits. The To the Company’s knowledge, the Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Secured Loan Agreement (Safenet Inc)
Permits. The Company has all franchises, permits, licenses, and any ------- similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other authority.
Appears in 1 contract
Samples: 12% Convertible Redeemable Preferred Stock Purchase Agreement (Malone Arthur L Jr)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Fourth Additional Series E Preferred Stock Purchase Agreement (Digirad Corp)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could would reasonably be expected to materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted in the Business Plan. To the Company's knowledge, it is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Sandbox Entertainment Corp)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could would materially and adversely affect the business, properties, prospects, or financial condition of the Company Company, and believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Egroups Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect would have a material adverse effect on the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Synthetic Turf Corp of America)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, ,
6. prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Vista Medical Technologies Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default -8- 9 in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Flexiinternational Software Inc/Ct)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect have a Material Adverse Effect on the business, properties, prospects, or financial condition of the Company Company, and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Bank of America Corp /De/)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted in the Business Plan. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Bluestone Software Inc)
Permits. The To the best of its knowledge, the Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Secured Convertible Promissory Note Purchase Agreement (Datakey Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by itbusiness, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and it believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Loudeye Technologies Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businesswould have a material adverse effect, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Stock and Warrant Subscription Agreement (Exactus, Inc.)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businesswould have a Material Adverse Effect, propertiesand, prospectsto its knowledge, or financial condition of the Company and believes it can will be able to obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Zagg INC)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series E Preferred Stock and Warrant Purchase Agreement (Micrus Corp)
Permits. The Company has all franchises, permits, business licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businesshave a Material Adverse Effect, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, business licenses or other similar authority.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Laredo Oil, Inc.)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, properties or financial condition of the Company Company, and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Subordinated Debenture and Warrant Purchase Agreement (PCD Inc)
Permits. The Company has all material franchises, permits, ------- licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. To its knowledge, the Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority. SECTION 4
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by itbusiness, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and it believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Tekinsight Com Inc)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being presently conducted by it, the lack of which could materially result in a Material Adverse Effect, and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently proposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Overstock Com Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock and Warrant Purchase Agreement (Trega Biosciences Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or of expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect would be material to the businessCompany, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, license or other similar authority.
Appears in 1 contract
Samples: Stock Purchase and Stockholder Agreement (Hubco Inc)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority as necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in material default under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Arbinet Holdings Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority (collectively, "Permits") necessary for the conduct of its business as now being conducted by it, the lack of which could materially ; and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted, except where the failure to so have or obtain would not have a Material Adverse Effect. The Company is not in default in any material respect under any of such Permits. The Company has furnished to Buyer and its counsel copies of any and all Permits applicable to the Company and its business.
Appears in 1 contract
Samples: Share Purchase Agreement (Vasco Data Security International Inc)
Permits. The To the best knowledge of the Company, the Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially have a Company Material Adverse Effect, and adversely affect the business, properties, prospects, or financial condition of the Company and believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, licenses and any similar ------- other authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, obtain without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any such franchise, permit, license or other authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Asymetrix Learning Systems Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Flycast Communications Corp)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted or proposed to be conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Quality Care Solutions Inc)
Permits. The Company has all franchises, permits, licenses, and any similar governmental authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businesswould constitute a Material Adverse Event, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, license, or other similar authority.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Cambridge Display Technology, Inc.)
Permits. The Company has all franchises, permits, licenses, licenses and any similar other governmental authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any such franchise, permit, license or other authority.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Art Technology Group Inc)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being presently conducted by it, the lack of which could materially and adversely affect would have a material adverse effect on the Company’s business, properties, prospects, properties or financial condition of condition, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently proposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Bazaarvoice Inc)
Permits. The Company and each of its subsidiaries has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Cambridge Soundworks Inc)
Permits. The Company has all franchises, permits, licenses, and any ------- similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Symphonix Devices Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. To its knowledge, the Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Put Option Agreement (Biofarm Inc)
Permits. The Company has all franchises, permits, licenses, licenses and any all other similar authority authorities necessary for the conduct of its business as now being conducted by itconducted, the lack of which could materially and or adversely affect the business, properties, prospects, prospects or financial condition of the Company and believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Securities Purchase Agreement (Bentley Systems Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company Company, and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any of such xxxx- chises, permits, licenses or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, ------- licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Planetrx Com)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the . The Company and believes it can obtain, without undue burden or expense, any similar authority each approval necessary for the conduct of its business as plannedplanned to be conducted. The Company is not in default under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock Purchase Agreement (Bab Holdings Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company Company, and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Stock Purchase Agreement (Maxwell Technologies Inc)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could would materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Ciphergen Biosystems Inc)
Permits. The Company has all franchises, permits, licenses, and any similar governmental authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businesswould constitute a material adverse event, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, license, or other similar authority.
Appears in 1 contract
Samples: Convertible Note (Dyneco Corp)
Permits. The Company has all franchises, permits, licenses, licenses and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company Company, and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedpresently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Skillsoft Corp)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, properties or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Netzero Inc)
Permits. The Company has all franchises, permits, licenses, and -------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Verisign Inc/Ca)
Permits. The Company has all franchises, permits, licenses, and any ------- similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default, in any material respect, under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (MMC Networks Inc)
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially have a Material Adverse Effect on the Company, and adversely affect the business, properties, prospects, or financial condition of the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could would materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company and believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as plannedplanned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses or other similar authority.
Appears in 1 contract
