No Violation of Existing Agreements. Neither the Borrower nor any ----------------------------------- Subsidiary of the Borrower is in violation of any material agreement or instrument to which it is party or by which it or any of its properties (now owned or hereafter acquired) may be subject or bound;
No Violation of Existing Agreements. Neither the execution and delivery of this Agreement or any Related Agreement to which it is a party nor the consummation of the transactions or performance of the Company's obligations contemplated hereby or thereby will conflict with, result in a material breach or violation of, or cause a default under, any provision of the Company's Restated Certificate or Bylaws, each as is currently in effect, any instrument, contract or agreement that is material to the business of the Company or any judgment, writ, decree, order, law, statute, ordinance, rule or regulation applicable to the Company.
No Violation of Existing Agreements. Neither the execution and delivery of this Agreement nor any Excite Ancillary Agreement, nor the consummation of the transactions contemplated hereby or thereby, will conflict with, or (with or without notice or lapse of time, or both) result in a termination, breach, impairment or violation of (a) any provision of the Articles of Incorporation or Certificate of Incorporation of Excite or Merger Sub, respectively, or the Bylaws of Excite or Merger Sub, all as currently in effect, (b) in any material respect, any material instrument or contract to which Excite or Merger Sub is a party or by which Excite or Merger Sub is bound, or (c) any federal, state, local or foreign judgment, writ, decree, order, statute, rule or regulation applicable to Excite or Merger Sub or their assets or properties. Excite is not currently in material violation of any agreement material to its business.
No Violation of Existing Agreements. The execution and delivery of this Agreement, together with all documents and instruments contemplated herein, the consummation by the Company of the transactions contemplated hereby and thereby, the performance by the Company of its obligations hereunder and thereunder and compliance with the terms, conditions and provisions hereof and thereof by the Company do not (i) contravene any provisions of the Company's Articles of Incorporation or By-Laws; (ii) conflict with or result in a breach of or constitute a default (or an event that might, with the passage of time or the giving of notice or both, constitute a default) or give rise to any right to terminate, cancel or accelerate or to any loss of benefit under any of the material terms, conditions, or provisions of any indenture, mortgage, loan, or credit agreement or any other agreement or instrument to which the Company is a party or by which it or its assets may be bound or affected; (iii) violate or constitute a material breach of any decision, judgment, or order of any court or arbitration board or of any governmental department, commission, board, agency, or instrumentality, domestic or foreign, by which the Company is bound or to which it is subject; or (iv) violate any applicable law, rule, or regulation to which the Company or any of its property is bound.
No Violation of Existing Agreements. Neither the execution and delivery of this Agreement nor any Acquirer Ancillary Agreement, nor the consummation of the transactions contemplated hereby, will conflict with, or (with or without notice or lapse of time, or both) result in a termination, breach, impairment or violation of (a) any provision of the Articles of Incorporation or Bylaws of Acquirer, as currently in effect, (b) in any material respect, any material instrument or contract to which Acquirer is a party or by which Acquirer is bound, or (c) any federal, state, local or foreign judgment, writ, decree, order, statute, rule or regulation applicable to Acquirer or its assets or properties.
No Violation of Existing Agreements. The execution and delivery of this Agreement, together with all documents and instruments contemplated herein, the consummation of the transactions contemplated hereby and thereby, and the compliance with the terms, conditions and provisions hereof by the Company do not (i) contravene any provisions of the Company's Articles of Incorporation or By-Laws; (ii) conflict with or result in a breach of or constitute a default (or an event that might, with the passage of time or the giving of notice or both, constitute a default) or give rise to any right to terminate, cancel or accelerate or to any loss of benefit under any of the terms, conditions, or provisions of any lease, indenture, mortgage, loan, or credit agreement or any other agreement or instrument to which the Company is a party or by which it or its assets may be bound or affected; (iii) violate or constitute a breach of any decision, judgment, or order of any court or arbitration board or of any governmental department, commission, board, agency, or instrumentality, domestic or foreign, by which the Company is bound or to which it is subject; or (iv) violate
No Violation of Existing Agreements. Neither the execution and ----------------------------------- delivery of this Agreement or any Asymetrix Ancillary Agreement, nor the consummation of the transactions contemplated hereby or thereby, will conflict with, or (with or without notice or lapse of time, or both) result in a termination, breach, impairment or violation of, or cause an acceleration or amendment of any obligation under, (a) any provision of the Articles of Incorporation or Bylaws of Asymetrix and Merger Sub, as currently in effect, (b) in any material respect, any material instrument or contract to which Asymetrix and Merger Sub is a party or by which any of their assets or properties are bound, or (c) any federal, state, local or foreign judgment, writ, decree, order, statute, rule or regulation applicable to Asymetrix and Merger Sub or their assets or properties, in each case, such that the conflict, termination, breach, acceleration or amendment would have a Material Adverse Effect.
No Violation of Existing Agreements. Subject to the consents for the Existing Contracts identified in SCHEDULE 7.10, the execution, delivery and performance of this Agreement by Seller and Seller's transfer of the Assets to Purchaser (i) will not violate any provisions of any law (ii) will not, with or without the giving of notice or the passage of time, or both, conflict with or result in any breach of any of the terms or conditions of, or constitute a default under any Existing Contracts, and (iii) will not result in the creation of any Lien upon the Assets or the Business other than Permitted Liens.
No Violation of Existing Agreements. Neither the execution and delivery of Agreement, nor the consummation of the transactions contemplated hereby, will conflict with or (with or without notice and/or lapse of time) result in a termination, breach, impairment or violation of any Contract. Seller has received all necessary consents to enable the transfer of the Contracts to the Purchaser.
No Violation of Existing Agreements. The execution and delivery ----------------------------------- of this Agreement and each of the other Transaction Documents do not, and the consummation of the transactions contemplated hereby and thereby and compliance with the provisions hereof and thereof will not, conflict with, or result in any violation of or default under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of a benefit under, (i) any provision of the Articles of Incorporation or Bylaws of OptaPhone, (ii) any loan or credit agreement, note, bond, mortgage, indenture, lease or other agreement, instrument, permit, concession, franchise or license to which OptaPhone is a party or by which OptaPhone or any of its properties or assets is bound or affected, or (iii) any judgment, order, decree, statute, law, ordinance, rule or regulation applicable to OptaPhone or its properties or assets. The consummation of the Merger and the assumption by the Surviving Corporation of all rights, licenses, franchises, leases and agreements of OptaPhone will not require the consent of any third party or have a material adverse effect upon any such right, license, franchise, lease or agreement.
