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 or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as 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 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp), Subscription Agreement (Arrowhead Research 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 properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 (Agile Software Corp), Series D Preferred Stock Purchase Agreement (Agile Software Corp)
Permits. The Company has obtained 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 or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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: Stock Purchase Agreement (Wave Systems Corp), Stock Purchase Agreement (Wave Systems 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 properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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: Licensing Agreement (Orchid Biosciences Inc), License and Supply Agreement (Orchid 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 or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned 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 properties, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed currently 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: Common Stock Purchase Agreement (Calico Commerce Inc/), Common Stock Purchase Agreement (Calico Commerce 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 properties, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The To its knowledge, the Company is not in default in any material respect under any of such franchises, permits, licenses 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 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 properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as 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.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 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 properties, financial condition, operating results, prospects or financial condition business of the Company, and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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: 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 as now being conducted by it, the lack of which could materially and adversely affect the business, properties properties, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 Convertible Redeemable Preferred Stock Purchase Agreement (Bluebook International Holding Co), Series C Convertible Redeemable Preferred Stock Purchase Agreement (Cotelligent 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 properties, prospects or financial condition of the Company, taken as a whole, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 E Preferred Stock Purchase Agreement (Discovery Partners International Inc), Series E Preferred Stock Purchase Agreement (Discovery Partners International Inc)
Permits. The To the best of its knowledge, the Company has all franchises, permits, licenses 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 properties, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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: 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 would materially and adversely affect the business, properties properties, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar authority.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Hyseq Inc), Stock Purchase Agreement (Perkin Elmer Corp)
Permits. The Company has all franchises, permits, 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 result in a material adverse effect on the Company's business, properties or financial condition of the Companycondition, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently 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 2 contracts
Samples: Series a Preferred Stock Purchase Agreement (Introgen Therapeutics Inc), Series a Preferred Stock Purchase Agreement (Introgen Therapeutics 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 properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conductedconducted in the Financial Plan. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 business, as now being conducted by it, the lack of which could materially and adversely affect the business, properties properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expenseexpenses, any similar authority for the conduct of its business as proposed planned to be conductedconducted 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 a Preferred Stock Purchase Agreement (Zamba Corp), Series B Preferred Stock Purchase Agreement (Zamba Corp)
Permits. The Company has obtained 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 properties, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 D and Series D 1 Preferred Stock Purchase Agreement (Glu Mobile Inc), Series D Preferred Stock Purchase Agreement (Glu Mobile 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 or financial condition or results of operations of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar authority.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Worldres Com Inc), Series C Preferred Stock and Warrant Purchase Agreement (Worldres 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 would materially and adversely affect the business, properties properties, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 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 business, properties or financial condition of the Companywould constitute a material adverse event, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses license, or other similar authority.
Appears in 1 contract
Samples: Convertible Note (Dyneco 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 itbusiness, the lack of which could materially and adversely affect the business, properties properties, prospects, or financial condition of the Company, Company and the Company it believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed presently 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 conducted by it, the lack of which could materially and adversely affect the business, properties properties, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 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 properties, prospects, or financial condition of the Company, and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 (Egroups 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 or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed presently 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 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 properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Corsair Communications 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 reasonably be expected to materially and adversely affect the business, properties properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conductedconducted in the Business Plan. The Company To the Company's knowledge, it is not in default in any material respect under any of such franchises, permits, licenses 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 or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 properties, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority as may be necessary or required for the conduct of its business as proposed 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. 16.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase and Recapitalization Agreement (Quantum Corp /De/)
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 properties, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 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 presently conducted by it, the lack of which could materially and adversely affect the business, properties or financial condition of the Companyresult in a Material Adverse Effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently 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 properties, prospects, or financial condition of the Company, Company and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 C Preferred Stock Purchase Agreement (Flycast Communications Corp)
Permits. The To the best knowledge of the Company, 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 or financial condition of the Companyhave a Company Material Adverse Effect, and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed presently 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 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 properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Planetrx Com)
Permits. The Company has all material 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 properties, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar necessary authority for the conduct of its business as proposed currently 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: Securities Purchase Agreement (Internet Capital 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 conducted by it, the lack of which could materially and adversely affect the business, properties properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed presently planned to be conducted. The Company is not in default in any material respect under any of such franchisesxxxx- chises, 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 properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar authority.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Symphonix Devices Inc)
Permits. The To the best of its knowledge, 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 or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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: 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 it, the lack of which could reasonably be expected to materially and adversely affect the business, properties properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar authority.
Appears in 1 contract
Samples: Stock Purchase Agreement (American Access 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 itcurrent business, the lack of which could would, individually or in the aggregate, materially and adversely affect the Company's business, properties or financial condition or results of the Companyoperations, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar authority.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Navisite Inc)
Permits. The Company has all material 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 properties, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar necessary authority for the conduct of its business as proposed currently 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: Securities Purchase Agreement (Emerge Interactive 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 properties, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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.other
Appears in 1 contract
Samples: Series B 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 properties, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 C Preferred Stock Purchase Agreement (Virtual Telecom Inc)
Permits. The Company has all franchises, permits, 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 properties, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 B Preferred Stock Purchase Agreement (Iss 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 conducted by it, the lack of which could materially and adversely affect the business, properties properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default -8- 9 in any material respect under any of such franchises, permits, licenses 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 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 or financial condition of the Companyand, and the Company believes it can to its knowledge, will be able to obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed presently 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 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 or financial condition of the Companycondition, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently 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 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 have a material adverse effect on the business, properties properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 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 or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed presently 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 franchises, permits, 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 or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in material 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 (Arbinet Holdings Inc)
Permits. The Company has all franchises, permits, licenses 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 or financial condition of the Company, ; and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned 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 franchises, permits, licenses or other similar authorityPermits. 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 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 properties, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The To its knowledge, the Company is not in default in any material respect under any of such franchises, permits, licenses 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 it, the lack of which could materially and adversely affect the business, properties properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or of expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar authority.
Appears in 1 contract
Samples: Series a Debenture Purchase Agreement (CleanTech Biofuels, Inc.)
Permits. The Company has all franchises, permits, licenses 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 business, properties or financial condition of the Companyhave a Material Adverse Effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed presently 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, permitspermit, 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 the business, properties or financial condition of the Companywould have a Material Adverse Effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently 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: Common Stock and Warrant Purchase Agreement (First Avenue Networks Inc)
Permits. The Company has all franchises, permits, licenses 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 business, properties or financial condition of the Companywould constitute a Material Adverse Event, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 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 or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 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 properties, prospects, or financial condition of the Company, and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 B Convertible Preferred Stock and Warrant Purchase Agreement (Trega Biosciences 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 properties, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 Purchase Agreement (Maxwell Technologies Inc)
Permits. The Company has all franchises, permits, 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 or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchisesfranchise, permitspermit, licenses license or other similar 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 conducted by it, the lack of which could would materially and adversely affect the business, properties properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 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 properties, prospects or financial condition of the Company, Company and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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: Securities Purchase Agreement (Bentley 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 or financial condition of the Companywould have a Material Adverse Effect, and the Company 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 proposed presently 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 material 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 properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 have a Material Adverse Effect on the business, properties properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed presently 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 B Convertible Preferred Stock Purchase Agreement (Bank of America Corp /De/)
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 properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conductedconducted in the Business Plan. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar authority.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Bluestone Software 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, except for those by which the lack of which could materially and adversely affect thereof would not be reasonably expected to have, either individually or in the businessaggregate, properties or financial condition of the Company, and the a Material Adverse Effect. The Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 or financial condition of have a Material Adverse Effect on the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 or financial condition of the Company, and the . The Company believes it can obtain, without undue burden or expense, any similar authority each approval necessary for the conduct of its business as proposed 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 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 or financial condition of would be material to the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses license or other similar authority.
Appears in 1 contract
Samples: Stock Purchase and Stockholder Agreement (Hubco Inc)
Permits. The Company has all material 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 properties, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar necessary authority for the conduct of its business as proposed presently 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 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 properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar 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 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 properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses licenses, or other similar authority.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Argonaut Technologies Inc)
Permits. The Company has obtained all franchises, permits, 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 (financially or otherwise) the business, properties properties, assets, liabilities or financial condition prospects of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 B Preferred Stock Purchase Agreement (Avistar Communications 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 or proposed to be conducted by it, the lack of which could materially and adversely affect the business, properties properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses 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 licenses, and any similar authority material to or necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the Company’s business, properties properties, assets, prospects or financial condition of the Companycondition, and the Company believes it can obtain, without undue burden or expense, any similar authority material to or necessary for the conduct of its business as 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
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 properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The Company is not in default default, in any material respect respect, under any of such franchises, permits, licenses 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 and adversely affect the business, properties properties, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 E Preferred Stock and Warrant Purchase Agreement (Micrus 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 properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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: Fourth Additional Series E Preferred Stock Purchase Agreement (Digirad 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 properties,
6. prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed 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 B Preferred Stock Purchase Agreement (Vista Medical 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 properties, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as proposed planned to be conducted. The 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 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 the business, properties or financial condition of the Companywould have a Material Adverse Effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently 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