Common use of No Defaults, Etc Clause in Contracts

No Defaults, Etc. Except as set forth on Schedule 4.20 the Company has in all respects performed all the material obligations required to be performed by it to date and is not in material default or alleged to be in material default under: (a) its Certificate or by-laws; or (b) any material agreement, lease, mortgage, indenture, contract, commitment, instrument or obligation to which the Company is a party or by which any of its Assets or rights are or may be bound or affected, and there exists no event, condition or occurrence which, with or without due notice or lapse of time, or both, would constitute such a default by it of any of the foregoing. No current customer has notified, or to the knowledge of the Company expressed an intention to notify, the Company or its employees, officers or agents, that such customer will materially reduce the dollar amount of business it will do with the Company or cease doing business with the Company. Provided that the Company obtain the consents which may be required to consummate the transaction which are set forth on the Schedule 4.20, no such mortgage, indenture, lease, contract, agreement, license, instrument or order limits in any material way the freedom of any Person acquiring control of the Company, whether directly or indirectly, or from performing this Agreement in accordance with its terms. The Company has not received any notice from any party to any such contract with respect to such party's unwillingness or inability to perform thereunder.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Boonton Electronics Corp), Agreement and Plan of Reorganization (Boonton Electronics Corp), Agreement and Plan of Reorganization (Wireless Telecom Group Inc)

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No Defaults, Etc. Except as set forth on Schedule 4.20 the 4.19(a) Company has in all respects performed all the material obligations required to be performed by it to date and is not in material default or alleged to be in material default under: (a) its Certificate or by-laws; or (b) any material agreement, lease, mortgage, indenture, contract, commitment, instrument or obligation to which the Company is a party or by which any of its Assets or rights are or may be bound or affected, and there exists no event, condition or occurrence which, with or without due notice or lapse of time, or both, would constitute such a default by it of any of the foregoing. No current customer has notified, or to the knowledge of the Company expressed an intention to notify, the Company or its employees, officers or agents, that such customer will materially reduce the dollar amount of business it will do with the Company or cease doing business with the Company. Provided that the Company obtain the consents which may be required to consummate the transaction transactions which are set forth on the Schedule 4.204.19(b), no such mortgage, indenture, lease, contract, agreement, license, instrument instrument, or order limits in any material way the freedom of any Person acquiring control of the Company, whether directly or indirectly, or prevents Company from performing this Agreement in accordance with its terms. The Company has not received any notice from any party to any such contract with respect to such party's unwillingness or inability to perform thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Chem International Inc)

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No Defaults, Etc. Except as set forth on Schedule 4.20 the The Company has in all respects performed all the material obligations required to be performed by it to date and is not in material default or alleged to be in material default under: (a) its Certificate or by-laws; or (b) any material agreement, lease, mortgage, indenture, contract, commitment, instrument or obligation to which the Company is a party or by which any of its Assets or rights are or may be bound or affected, and there exists no event, condition or occurrence which, with or without due notice or lapse of time, or both, would constitute such a default by it of any of the foregoing. No current customer has notified, or to the knowledge of the Company expressed an intention to notify, the Company or its employees, officers or agents, that such customer will materially reduce the dollar amount of business it will do with the Company or cease doing business with the Company. Provided that the Company obtain the consents which may be required to consummate the transaction which are set forth on the Schedule 4.204.17, no such mortgage, indenture, lease, contract, agreement, license, instrument or order limits in any material way the freedom of any Person acquiring control of the Company, whether directly or indirectly, or from performing this the Agreement in accordance with its terms. The Company has not received any notice from any party to any such contract with respect to such party's party?s unwillingness or inability to perform thereunder.

Appears in 1 contract

Samples: Agreement of Merger (Micronetics Wireless Inc)

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