Common use of Compliance with Law and Charter Documents Clause in Contracts

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied and is in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 4 contracts

Samples: Stock Purchase and Investor Rights Agreement (Xiox Corp), Stock Purchase and Investor Rights Agreement (Xiox Corp), Stock Purchase and Investor Rights Agreement (Xiox Corp)

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Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its the Certificate of Incorporation or the Bylaws, both as amended. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations instance of non-compliance that has not had, and would notnot reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Globecomm Systems Inc), Securities Purchase Agreement (Serviceware Technologies Inc/ Pa), Securities Purchase Agreement (Stemcells Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation Incorporation, as amended, or Bylaws, both as amended. The Company has complied in all material respects and is in compliance in all material respects with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 3 contracts

Samples: Purchase Agreement (Therma Wave Inc), Purchase Agreement (Therma Wave Inc), Purchase Agreement (Therma Wave Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied , and is in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect. The Company has complied and is in compliance with all applicable statutes, laws, and regulations and executive orders of the United States of America and all states, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Intel Corp), Common Stock and Warrant Purchase Agreement (Intel Corp), Common Stock and Warrant Purchase Agreement (Xircom Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Amended and Restated Certificate of Incorporation or Bylaws, both each as amended. The Company has complied in all respects and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any violations instance of non-compliance that has not had, and would notnot reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Physiometrix Inc), Common Stock Purchase Agreement (Vivus Inc), Common Stock Purchase Agreement (Vivus Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied in all respects and is in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any violations instance of non-compliance that has not had, and would notnot reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 2 contracts

Samples: Convertible Note and Warrant Purchase Agreement (Bulldog Technologies Inc), Corporation Common Stock Purchase Agreement (Gymboree Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate Articles of Incorporation or Bylaws, both in each case as amended. The Company has and its subsidiaries have complied and is are in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business their respective businesses or properties, except for any violations that where such failure to comply would not, either individually or in the aggregate, not reasonably be likely to have a Material Adverse EffectEffect on the Company.

Appears in 2 contracts

Samples: Stock Purchase and Investor Rights Agreement (Gateway Co Inc), Purchase Agreement (Quepasa Com Inc)

Compliance with Law and Charter Documents. The Company is not in ----------------------------------------- violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has and its Subsidiaries have complied and is are in compliance with all applicable statutes, laws, rules, and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business and its Subsidiaries' businesses or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (CMG Information Services Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied and is in compliance with all applicable statutes, laws, rules, and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business business, assets or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Amkor Technology Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its the Certificate of Incorporation or the Bylaws, both as amended. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any violations instance of non-compliance that has not had, and would notnot reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biopure Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions provision of its Certificate of Incorporation Articles or Bylaws, both as amended. The Each of the Company and its subsidiaries has complied and is in compliance with all applicable statutes, laws, rules, regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies authorities having jurisdiction over the Company's or any of its subsidiaries' business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse EffectEffect on the Company.

Appears in 1 contract

Samples: Interest Purchase Agreement (Chequemate International Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both each as amended. The Company has complied in all respects and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations instance of non-compliance that has not had, and would notnot reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Patient Infosystems Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied with and is in compliance in all material respects with all applicable statutes, laws, rules, laws and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or and properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Agreement (Vitech America Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both in each case as amended. The Company has and its subsidiaries have complied and is are in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business their respective businesses or properties, except for any violations that where such failure to comply would not, either individually or in the aggregate, not reasonably be likely to have a Material Adverse EffectEffect on the Company.

Appears in 1 contract

Samples: Stock and Warrant Purchase and Investor Rights Agreement (Gateway Co Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate Articles of Incorporation or Bylaws, both as amendedamended to date. The Company has complied and is in compliance in all material respects with all applicable statutes, laws, rulesregulations, regulations and executive orders of the United States of America and all states thereofstates, foreign countries counties, and other over governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Stock Purchase Agreement (Collegiate Pacific Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied and is in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.. (i)

Appears in 1 contract

Samples: Corporation Stock Purchase and Investor Rights Agreement (Intel Corp)

Compliance with Law and Charter Documents. (a) The Company is not in violation or default of any provisions of its Certificate of Incorporation the Articles or Bylaws, both as amended. The , and to the best of the Company's knowledge, except for any violations that individually and in the aggregate would have no material adverse impact on the Company's business, the Company has complied and is in compliance with all applicable statutes, laws, rules, regulations and executive orders of the United States of America and all states thereofstates, foreign countries and or other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (PRB GasTransportation, Inc.)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied in all material respects and is in material compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that where the failure to so materially comply would not, either individually or in the aggregate, reasonably likely have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase and Investor Rights Agreement (Panja Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate Articles of Incorporation or Bylaws, both as amended. The Company has complied in all material respects and is in material compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Rights Agreement (Intel Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations instance of non-compliance that would notnot reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Hi/Fn Inc)

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Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Restated Certificate of Incorporation or Bylaws, both each as amended. amended The Company has complied in all respects and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations instance of non-compliance that has not had, and would notnot reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Nutrition 21 Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions provision of its Certificate of Incorporation the Articles or Bylaws, both as amended. The Each of the Company and its subsidiaries has complied and is in compliance with all applicable statutes, laws, rules, regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies authorities having jurisdiction over the Company's or any of its subsidiaries' business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse EffectEffect on the Company.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Evans & Sutherland Computer Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied and is in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect. The Company has complied and is in compliance with all applicable statutes, laws, and regulations and executive orders of the United States of America and all states, foreign counties and over governmental bodies and agencies having jurisdiction over the Company's business or properties.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cnet Inc /De)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both By-Laws (each as amendedin effect on the date hereof). The Company has complied in all respects and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any violations instance of non-compliance that has not had, and would notnot reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Smith Micro Software Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its the Certificate of Incorporation or the Bylaws, both as amended. The Company and each of its subsidiaries has complied and is currently in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or each subsidiary's respective businesses or properties, except for any violations instance of non-compliance that has not had, and would notnot reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Roo Group Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation Incorporation, as amended, or Bylaws, both as amended. The Company has complied in all material respects and is in compliance in all material respects with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Purchase Agreement (Therma Wave Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied , and is in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect, the Company has complied and is in compliance with all applicable statutes, laws, regulations and executive orders of the United States of America and all states, foreign countries or other governmental bodies and agencies having jurisdiction over the Company's business or properties.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Phoenix Technologies LTD)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its the Certificate of Incorporation or the Bylaws, both as amended. The Company has complied and is currently in material compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Iomai Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied and is in compliance with all applicable statutes, laws, rules, and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Intel Corp)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied in all respects and is in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations instance of non-compliance that has not had, and would notnot reasonably be expected to have, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Common Stock and Warrant Purchase Agreement (Proxim Inc /De/)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amended. The Company has complied and is in compliance with all applicable statutes, laws, rules, and regulations and executive orders of the United States of America and all states thereofstates, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any violations that would not, either individually or in the aggregate, have a Material Adverse Effect.

Appears in 1 contract

Samples: Securities Purchase Agreement (Micron Technology Inc)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate of Incorporation or Bylaws, both as amendedcurrently in effect. The Company has complied and is in compliance with all applicable statutes, laws, rules, regulations and orders of the United States of America and all states thereof, foreign countries and other governmental bodies and agencies having jurisdiction over the Company's business or properties, except for any violations instance of non-compliance that would not, either individually or in the aggregate, not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Conversion Agreement (Digital Impact Inc /De/)

Compliance with Law and Charter Documents. The Company is not in violation or default of any provisions of its Certificate Articles of Incorporation or Bylaws, both as amendedamended to date (the “Charter Documents”). The Company has complied and is in compliance in all material respects with all applicable statutes, laws, rules, regulations and executive orders of the United States of America and all states thereofstates, foreign countries and or other governmental bodies and agencies having jurisdiction over the Company's ’s business or properties, except for any violations that would not, either individually or as where the failure to be in the aggregate, compliance therewith could not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, property, financial condition or results of operations of the Company.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Aptimus Inc)

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