COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in violation of any term of its Restated Articles or Bylaws, or in any material respect of any term or provision of any mortgage, indenture, contract, agreement, instrument, judgment or decree to which it is a party, and the Company is not in violation of any federal or state judgment, order, statute, law, rule or regulation applicable to the Company, which violation would have a material adverse effect on the Company's business. The execution, delivery and performance of and compliance with this Agreement, the Shareholder Rights Agreement and the Co-Sale Agreement and the issuance of the Shares and the Conversion Shares, will not result in any violation of, or conflict with, or constitute a default under, any material contract, agreement, instrument or mortgage, or any pledge, lien, encumbrance or charge upon any of the properties or assets of the Company; and there is no such violation or default or event which, with the passage of time or giving of notice or both, would constitute a violation or default which materially and adversely affects the business of the Company or any of its properties or assets.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Avanex Corp), Preferred Stock Purchase Agreement (Avanex Corp), Preferred Stock Purchase Agreement (Avanex Corp)
