Compliance with Applicable Laws and Other Instruments. The business and operations of the Company have been and are being conducted in all material respects in accordance with all applicable laws, rules and regulations of all governmental authorities. Neither the execution nor delivery of, nor the performance of or compliance with, this Agreement nor the consummation of the transactions contemplated hereby will, with or without the giving of notice or passage of time, result in any breach of, or constitute a default under, or result in the imposition of any lien or encumbrance upon any asset or property of the Company pursuant to, any Agreement or other instrument to which the Company is a party or by which it or any of its properties, assets or rights is bound or affected, and will not violate the Certificate of Incorporation or bylaws of the Company. The Company is not in violation of its Certificate of Incorporation or bylaws nor in violation of, or in default under, any lien, indenture, mortgage, lease, agreement, instrument, commitment or arrangement in any material respect. The Company is not subject to any restriction which would prohibit it from entering into or performing its obligations under this Agreement.
Compliance with Applicable Laws and Other Instruments. To the best of the Company's knowledge, neither the execution nor delivery of, nor the performance of or compliance with this Agreement, the Notes or the Ancillary Agreements nor the consummation of the transactions contemplated hereby or thereby will conflict with, or, with or without the giving of notice or passage of time, result in any breach of, or constitute a default under, or result in the imposition of any lien or encumbrance upon any asset or property of the Company pursuant to, any applicable law, administrative regulation or judgment, order or decree of any court or governmental body, any agreement or other instrument to which the Company is a party or by which it or any of its properties, assets or rights is bound or affected, and will not violate the Articles of Incorporation or Bylaws of the Company; the Company is not in violation of its Articles of Incorporation or its Bylaws nor in violation of, or in default under, any lien, indenture, mortgage, lease, agreement, instrument, commitment or arrangement in any material respect other than as otherwise disclosed herein.
Compliance with Applicable Laws and Other Instruments. Neither the execution nor delivery of, nor the performance of or compliance with this Subscription Agreement, the issuance of the Shares nor the consummation of the transactions contemplated hereby will, with or without the giving of notice or passage of time, result in any breach of, or constitute a default under, or result in the imposition of any lien or encumbrance upon any asset or property of the Company pursuant to, any agreement or other instrument to which the Company is a party or by which it or any of its properties, assets or rights is bound or affected, and will not violate the Company's Certificate of Incorporation or Bylaws.
Compliance with Applicable Laws and Other Instruments. The business and operations of Seller have been and are being conducted in accordance with all applicable laws, rules and regulations of all governmental authorities. Subject to shareholder approval of appropriate amendments to the Articles of Incorporation as contemplated by this Agreement, and except with respect to existing registration rights of holders of certain securities issued by Seller, as disclosed and described on Schedule 5.6, neither the execution nor delivery of, nor the performance of or compliance with, this Agreement nor the consummation of the transactions contemplated hereby will conflict with, or, with or without the giving of notice or passage of time, result in any breach of, or constitute a default under, or result in the imposition of any lien or encumbrance upon any asset or property of Seller pursuant to, any applicable law, administrative regulation or judgment, order or decree of any court or governmental body, any agreement or other instrument to which Seller is a party or by which it or any of its properties, assets or rights is bound or affected, and will not violate the Articles of Incorporation or Bylaws of Seller. Seller is not in violation of its Articles of Incorporation or its Bylaws.
Compliance with Applicable Laws and Other Instruments. The business and operations of the Company have been and are being conducted in accordance with all applicable laws, rules and regulations of all governmental authorities. To the knowledge of the Company, neither the execution nor delivery of, nor the performance of or compliance with, this Agreement nor the consummation of the transactions contemplated hereby will conflict with, or, with or without the giving of notice or passage of time, result in any breach of, or constitute a default under, or result in the imposition of any lien or encumbrance upon any asset or property of the Company pursuant to, any applicable law, administrative regulation or judgment, order or decree of any court or governmental body, any agreement or other instrument to which the Company is a party or by which it or any of its properties, assets or rights is bound or affected, and will not violate the Articles of Incorporation or Bylaws of the Company. The Company is not in violation of its Articles of Incorporation or its Bylaws nor, in violation of, or in default under, any lien, indenture, mortgage, lease, agreement, instrument, commitment or arrangement in any material respect. To the knowledge of the Company all parties having material contractual arrangements with the Company are in substantial compliance therewith and none are in material default in any respect thereunder.
Compliance with Applicable Laws and Other Instruments. Neither the execution nor delivery of, nor the performance of or compliance with, this Agreement nor the consummation of the transactions contemplated hereby will, with or without the giving of notice or passage of time, conflict with or result in a breach of or violation of any of the terms or provisions of, or constitute a default under, or result in the imposition of any lien or encumbrance upon any of such Party's assets or properties under, any statute, indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which such Party is a party or by which such Party is bound or to which any of the properties or assets of such Party is subject, nor will any such action result in any violation of the constituent documents, if any, of such Party or any law or statute or any order, rule or regulation of any Governmental Entity having jurisdiction over such Party or the property or assets of such Party. Such Party is not subject to any restriction which would prohibit such Party from entering into or performing such Party's obligations under this Agreement.
Compliance with Applicable Laws and Other Instruments. The business and operations of each of the Company and its Subsidiaries have been and are being conducted in accordance with all applicable laws, rules and regulations of all governmental authorities, except to the extent noncompliance therewith has not had and would not be reasonably expected to have, individually or in the aggregate, a Material Adverse Effect. Neither the Company nor any Subsidiary is in violation of its Articles of Incorporation or its Bylaws.
Compliance with Applicable Laws and Other Instruments. The business and operations of the Company have been and are being conducted in accordance with all applicable laws, rules and regulations of all governmental authorities except where noncompliance with such laws, rules and regulations would not have a material adverse effect on the business, financial condition or results of operations of the Company. Neither the execution nor delivery of, nor the performance of or compliance with, this Agreement nor the consummation of the transactions contemplated hereby will conflict with, or, with or without the giving of notice or passage of time, result in any breach of, or constitute a default under, or result in the imposition of any lien or encumbrance upon any asset or property of the Company pursuant to, any applicable law, administrative regulation or judgment, order or decree of any court or governmental body, any agreement or other instrument to which the Company is a party or by which it or any of its properties, assets or rights is bound or affected, and will not violate the Articles of Incorporation or Bylaws. The Company is not in violation of, or in default under, any lien, indenture, mortgage, lease, agreement, instrument, commitment or arrangement where such violation or default would have a material adverse effect on the business, financial condition or results of operation of the Company, nor in violation of its Articles of Incorporation or its Bylaws.
Compliance with Applicable Laws and Other Instruments. The properties, business and operations of the Company have been and are being conducted in compliance with all applicable laws, rules, regulations, decrees, injunctions, judgments, orders, rulings, awards, settlements, and writs of all governmental authorities, except where the failure to comply therewith would not have a Material Adverse Effect. Neither the execution nor delivery of, nor the performance of or compliance with, this Agreement and the Collateral Agreements nor the consummation of the transactions contemplated hereby or thereby will, with or without the giving of notice or passage of time, (i) violate any applicable law, rule, regulation, judgment, injunction, order, or decree applicable to the Company, (ii) result in any breach of, or constitute a default under, or result in the imposition of any lien or encumbrance upon any asset or property of the Company pursuant to, any agreement or other instrument to which the Company is a party or by which it or any of its properties, assets or rights is bound or affected, or (iii) conflict with or violate the Charter Documents. The Company is not in violation of its Charter Documents nor is the Company in violation of, or in default under, any lien, indenture, mortgage, lease, agreement, instrument, commitment or arrangement, except for defaults that do not and will not have a Material Adverse Effect on the Company. The Company is not subject to any restriction which would prohibit it from entering into or performing its obligations under this Agreement or the Collateral Agreements.
Compliance with Applicable Laws and Other Instruments. The business and operations of Xxxxxxxxxx have been and are being conducted in accordance with all applicable laws, rules and regulations of all governmental authorities. Neither the execution nor delivery of, nor the performance of or compliance with, this Agreement nor the consummation of the transactions contemplated hereby will conflict with, or, with or without the giving of notice or passage of time, result in any breach of, or constitute a default under, or result in the imposition of any lien or encumbrance upon any asset or property of Xxxxxxxxxx pursuant to, any applicable law, administrative regulation or judgment, order or decree of any court or governmental body, any agreement or other instrument to which Xxxxxxxxxx is a party or by which it or any of its properties, assets or rights is bound or affected, and will not violate the Certificate of Incorporation or Bylaws of Xxxxxxxxxx. Xxxxxxxxxx is not in violation of its Certificate of Incorporation or its Bylaws nor in violation of, or in default under, any lien, indenture, mortgage, lease, agreement, instrument, commitment or arrangement in any material respect.
