Common use of COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC Clause in Contracts

COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in material violation of: any term of its Restated Certificate, as amended by the Certificate of Designation, or Bylaws; any term or provision of any mortgage, indebtedness, indenture, contract, agreement, instrument, judgment or decree; and, to its knowledge, any order, statute, rule or regulation applicable to the Company. The execution, delivery and performance of and compliance with the Investment Agreements, and the issuance of the Shares and the Conversion Stock, have not resulted and will not result in any violation of, or materially conflict with, or constitute a default under, the Company’s Restated Certificate, as amended by the Certificate of Designation, or Bylaws, and have not and will not result in any material violation of, or materially conflict with, or constitute a material default under, any of its agreements nor result in the creation of any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company.

COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in material violation of: of any term of its Restated Certificate, as amended by the Certificate corporate charter documents or in any material respect of Designation, or Bylaws; any term or provision of any material mortgage, indebtedness, indenture, contract, agreement, instrument, judgment or decree; and, to its knowledge, any order, statute, rule or regulation applicable to the Company. The execution, delivery and performance of and compliance with the Investment Agreementsthis Agreement, and the issuance of the Shares and the Conversion StockShares, have not resulted and will not result in any violation of, or materially conflict with, or constitute a default under, the Company’s Restated Certificate, as amended by the Certificate of Designation, or Bylaws, and have not and will not result in any material violation of, or materially conflict with, or constitute a material default under, any of its agreements nor or result in the creation of of, any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company (except as specifically contemplated in this Agreement); there is no such violation or default that materially and adversely affects the business of the Company as conducted, or any of the properties or assets of the Company.

COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in violation of any term of its Amended and Restated Articles of Incorporation or Bylaws. The Company is not in material violation of: of (i) any term of its Restated Certificate, as amended by the Certificate of Designation, or Bylaws; any material term or provision of any material mortgage, indebtedness, indenture, contract, agreement, instrument, judgment or decree; decree and, (ii) to its knowledge, any order, statute, rule or regulation applicable to the Company. The execution, delivery and performance of and compliance with the Investment Agreementsthis Agreement, and the issuance of the Shares and the Conversion Stock, have not resulted and will not result in any violation of, or materially conflict with, or constitute a default under, the Company’s 's Amended and Restated Certificate, as amended by the Certificate Articles of Designation, Incorporation or Bylaws, and have not and will not result in any material violation of, or materially conflict with, or constitute a material default under, any of its material agreements nor result in the creation of any material mortgage, pledge, lien, encumbrance or charge upon any of the material properties or assets of the Company.