Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Giga Tronics Inc), Security Agreement (Giga Tronics Inc), Security Agreement (Giga Tronics Inc)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(w) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 14 contracts
Samples: Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC), Note and Warrant Purchase Agreement (Vision Capital Advisors, LLC)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 12 contracts
Samples: Note and Warrant Purchase Agreement (Efoodsafety Com Inc), Note and Warrant Purchase Agreement (Interlink Global Corp), Note and Warrant Purchase Agreement (Communication Intelligence Corp)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 9 contracts
Samples: Note and Warrant Purchase Agreement (Eden Energy Corp), Note and Warrant Purchase Agreement (Quest Oil Corp), Note and Warrant Purchase Agreement (Silver Star Energy Inc)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or ), as set forth on Schedule 3.1(p) hereto, disclosed in the Commission Documents or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 8 contracts
Samples: Common Stock Purchase Agreement (Tiger Ethanol International Inc.), Common Stock Purchase Agreement (Tiger Ethanol International Inc.), Common Stock Purchase Agreement (Tiger Ethanol International Inc.)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p3.1(pp) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”)Agreement, (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge’s Knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Alzamend Neuro, Inc.), Securities Purchase Agreement (Alzamend Neuro, Inc.), Securities Purchase Agreement (Ault Alliance, Inc.)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(s) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 6 contracts
Samples: Common Stock Purchase Agreement (VisualMED Clinical Solutions Corp.), Common Stock Purchase Agreement (XL Generation International), Common Stock Purchase Agreement (XL Generation International)
Material Agreements. Except for as disclosed in the Transaction Commission Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 6 contracts
Samples: Stock and Warrant Purchase Agreement (Echo Therapeutics, Inc.), Note Purchase Agreement (Urigen Pharmaceuticals, Inc.), Stock and Warrant Purchase Agreement (Echo Therapeutics, Inc.)
Material Agreements. Except for as disclosed in the Transaction Documents (with respect to clause (i) only) Public Filings or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission SEC (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Genta Inc De/), Securities Purchase Agreement (Genta Inc De/), Securities Purchase Agreement (Genta Inc De/)
Material Agreements. Except as set forth on Schedule 2.1(u) hereto and except for the Transaction Documents (with respect to clause (i) of this Section 2.1(u) only) or as set forth on Schedule 3.1(p) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, and (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 4 contracts
Samples: Series B Preferred Stock Purchase Agreement (Glowpoint Inc), Series B Preferred (Glowpoint Inc), Convertible Preferred Stock Purchase Agreement (Glowpoint Inc)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(w) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the ““ Material AgreementsAgreements ”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 4 contracts
Samples: Note and Warrant Purchase Agreement (Juma Technology Corp.), Note and Warrant Purchase Agreement (Juma Technology Corp.), Note and Warrant Purchase Agreement (Juma Technology Corp.)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, and (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Delcath Systems Inc), Common Stock Purchase Agreement (Delcath Systems Inc), Common Stock Purchase Agreement (Delcath Systems Inc)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effectAgreement.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Roo Group Inc), Common Stock Purchase (Roo Group Inc), Common Stock Purchase (Roo Group Inc)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) of this Section 2.1(t) only) or as set forth on Schedule 3.1(p2.1(t) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) to the Company’s Knowledge, the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge’s Knowledge, neither the Company nor any of its Subsidiaries is in default under any material provision of any Material Agreement now in effectAgreement.
Appears in 3 contracts
Samples: Purchaser (Echo Therapeutics, Inc.), Common Stock and Warrant Purchase Agreement (Echo Therapeutics, Inc.), Common Stock and Warrant Purchase Agreement (Echo Therapeutics, Inc.)
Material Agreements. Except for as disclosed in the Transaction Documents (with respect to clause (i) only) Public Filings or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, : (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission SEC (the “Material Agreements”), ; (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, Agreement; and (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Genta Inc De/), Securities Purchase Agreement (Genta Inc De/)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(w) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Xfone Inc.), Note and Warrant Purchase Agreement (Juma Technology Corp.)
Material Agreements. Except as set forth on Schedule 2.1(t) hereto and except for the Transaction Documents (with respect to clause (i) of this Section 2.1(t) only) or as set forth on Schedule 3.1(p) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (FLO Corp), Note and Warrant Purchase Agreement (FLO Corp)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p3.1(r) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have Subsidiary has performed all obligations required to be performed by them it to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries Subsidiary has received any notice of default under any Material Agreement andAgreement, and (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries Subsidiary is in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Registration Rights Agreement (Attis Industries Inc.), Securities Purchase Agreement (Attis Industries Inc.)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have has performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has have received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither ’s knowledge the Company nor any of and its Subsidiaries is are not in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Fibernet Telecom Group Inc\), Common Stock Purchase Agreement (Fibernet Telecom Group Inc\)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) of this Section 2.1(u) only) or as set forth on Schedule 3.1(p) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effectAgreement.
Appears in 2 contracts
Samples: Common Stock and Warrant Purchase Agreement (Nutrition 21 Inc), Common Stock and Warrant Purchase Agreement (Nutrition 21 Inc)
Material Agreements. Except for the Transaction Documents, as disclosed in the Commission Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Escrow Agreement (Remote Dynamics Inc), Escrow Agreement (Remote Dynamics Inc)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p3.1(ss) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”)Agreement, (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge’s Knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Share Exchange Agreement (Ecoark Holdings, Inc.), Share Exchange Agreement (Ault Alliance, Inc.)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Delcath Systems, Inc.), Securities Purchase Agreement (Delcath Systems, Inc.)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) below only) or ), as set forth on Schedule 3.1(p) heretodisclosed in the Commission Documents, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Technoconcepts, Inc.), Note and Warrant Purchase Agreement (Technoconcepts, Inc.)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries subsidiaries is in default under any Material Agreement now in effectAgreement.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Advanced Growing Systems, Inc.), Convertible Preferred Stock Purchase Agreement (Advanced Growing Systems, Inc.)
Material Agreements. Except as set forth on Schedule 2.1(u) hereto and except for the Transaction Documents (with respect to clause (i) of this Section 2.1(u) only) or as set forth on Schedule 3.1(p) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Glowpoint Inc), Note and Warrant Purchase Agreement (Glowpoint Inc)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (Merchandise Creations, Inc.), Note and Warrant Purchase Agreement (Merchandise Creations, Inc.)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.. Page9
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Interlink Global Corp)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p) hereto, or such instances as would not reasonably be reasonably likely to have result in a Material Adverse Effect, (i) the Company and each of its Subsidiaries subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries subsidiaries has received any notice of default under any Material Agreement and, and (iii) to the best of the Company's knowledge, ’s knowledge neither the Company nor any of its Subsidiaries subsidiaries is in default under any Material Agreement, and (iv) neither this Agreement now in effectnor the transactions contemplated hereby will give any party to the Material Agreements any right to terminate or modify the Material Agreements.
Appears in 1 contract
Samples: Securities Purchase Agreement (Vertical Branding, Inc.)
Material Agreements. Except for as disclosed in the Transaction Documents (with respect to clause (i) only) Prospectus or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission SEC (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p) hereto2.1(p)hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral material contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission SEC (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Samples: Securities Purchase Agreement (Bluephoenix Solutions LTD)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Remote Dynamics Inc)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(t) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p3(v) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have has performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has have received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither knowledge the Company nor any of and its Subsidiaries is are not in default under any Material Agreement now in effect.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Fibernet Telecom Group Inc\)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) of this Section 2.1(t) only) or as set forth on Schedule 3.1(p2.1(t) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) to the Company's Knowledge, the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledgeKnowledge, neither the Company nor any of its Subsidiaries is in default under any material provision of any Material Agreement now in effectAgreement.
Appears in 1 contract
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p3.1(r) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Samples: Securities Purchase Agreement (New Age Beverages Corp)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(w) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Juma Technology Corp.)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) below only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Intelligentias, Inc.)
Material Agreements. Except for the Transaction Documents transaction documents (with respect to clause (i) only) or as set forth in the Financial Statements or on Schedule 3.1(p6.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries subsidiaries is in default under any Material Agreement now in effectAgreement.
Appears in 1 contract
Samples: Dais Analytic Corp
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any existing written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in material default under any Material Agreement now in effect.
Appears in 1 contract
Samples: Stock and Warrant Purchase Agreement (Verticalnet Inc)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effectAgreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Empire Financial Holding Co)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effectAgreement.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Freehand Information Systems, Inc.)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), as disclosed in the Commission Documents or as set forth on Schedule 3.1(p2.1(u) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any existing written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Verticalnet Inc)
Material Agreements. Except for the Transaction Documents (with respect to clause (i) only) ), or as set forth on Schedule 3.1(p2.1(w) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “"Material Agreements”"), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, (iii) to the best of the Company's knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Material Agreements. Except as set forth on Schedule 2.01(u) hereto and except for the Transaction Documents (with respect to clause (i) of this Section 2.01(u) only) or as set forth on Schedule 3.1(p) hereto, or as would not be reasonably likely to have a Material Adverse Effect, (i) the Company and each of its Subsidiaries have performed all obligations required to be performed by them to date under any written or oral contract, instrument, agreement, commitment, obligation, plan or arrangement, filed or required to be filed with the Commission (the “Material Agreements”), (ii) neither the Company nor any of its Subsidiaries has received any notice of default under any Material Agreement and, and (iii) to the best of the Company's ’s knowledge, neither the Company nor any of its Subsidiaries is in default under any Material Agreement now in effect.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (BBN Global Consulting, Inc)
