Common use of No Defaults or Consents Clause in Contracts

No Defaults or Consents. Neither the execution, delivery and performance of the Transaction Agreements by the Company nor the consummation of any of the transactions contemplated therein (including the issuance and sale by the Company of the Securities and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event that with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would neither cause nor reasonably be expected to cause a Material Adverse Effect, or require any consent or waiver under, or result in the execution or imposition of any Liens upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries or violate any provision of the charter or by-laws of the Company or any of its Subsidiaries, except (i) for such consents or waivers that have already been obtained and are in full force and effect, and (ii) that the issuance of the Contingent Exercise Shares cannot be made until after the CW Approvals and the Charter Amendment Effectiveness.

No Defaults or Consents. Neither the execution, delivery and performance of this Agreement or the Transaction Agreements Warrants by the Company nor the consummation of any of the transactions contemplated therein hereby and thereby (including including, without limitation, the issuance and sale by the Company of the Securities and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion SharesOffered Securities) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event that which with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would neither cause nor not reasonably be expected to cause to, individually or in the aggregate, result in a Material Adverse EffectChange, or require any consent or waiver under, or result in the execution or imposition of any Liens lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries Subsidiaries, or violate any provision of the Articles of Association, charter or by-laws laws, as applicable, of the Company or any of its Subsidiaries, except (i) for such consents or waivers that which have already been obtained and are in full force and effect, and (ii) that the issuance of the Contingent Exercise Shares cannot be made until after the CW Approvals and the Charter Amendment Effectiveness.

No Defaults or Consents. Neither the execution, delivery and performance of the Transaction Agreements this Agreement by the Company nor the consummation of any of the transactions contemplated therein hereby (including including, without limitation, the issuance and sale by the Company of the Securities and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion SharesOffered Securities) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event that which with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would neither cause nor not reasonably be expected to cause to, individually or in the aggregate, result in a Material Adverse EffectChange, or require any consent or waiver under, or result in the execution or imposition of any Liens lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries Subsidiaries, or violate any provision of the charter or by-laws of the Company or any of its Subsidiaries, except (i) for such consents or waivers that which have already been obtained and are in full force and effect, and (ii) that the issuance of the Contingent Exercise Shares cannot be made until after the CW Approvals and the Charter Amendment Effectiveness.

No Defaults or Consents. Neither the execution, delivery and performance of the Transaction Agreements by the Company nor the consummation of any of the transactions contemplated therein hereby or thereby (including including, without limitation, the issuance and sale by the Company of the Securities and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion Shares) (A) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event that which with notice or lapse of time or both would constitute a default) underunder this Agreement, except such defaults that individually or in the aggregate would neither cause nor reasonably be expected to not cause a Material Adverse Effect, or (B) will require any consent or waiver under, or result in the execution or imposition of any Liens lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries subsidiaries is a party or by which either the Company or its Subsidiaries subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries or violate any provision of the charter or by-laws of the Company or any of its SubsidiariesSignificant Subsidiary, except (i) for such consents or waivers that which have already been obtained and are in full force and effect, and (ii) that the issuance of the Contingent Exercise Shares cannot be made until after the CW Approvals and the Charter Amendment Effectiveness.

No Defaults or Consents. Neither the execution, delivery and performance of this Agreement or the Transaction Agreements Purchase Agreement by the Company nor the consummation of any of the transactions contemplated therein hereby or thereby (including including, without limitation, the issuance and sale by the Company of the Securities and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion Preferred Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event that which with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would neither cause nor reasonably be expected to not cause a Material Adverse Effect, or require any consent or waiver under, or result in the execution or imposition of any Liens lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries or violate any provision of the charter or by-laws of the Company or any of its Subsidiaries, except (i) for such consents or waivers that which have already been obtained and are in full force and effect, effect and (ii) except that the issuance of certain of the Contingent Exercise Securities upon conversion of the Preferred Shares cannot and upon exercise of the Warrants shall be made until after subject to, and require, Stockholder Approval, which, among other things, is required to comply with the CW Approvals and requirements of the Charter Amendment EffectivenessNasdaq Stock Exchange.

No Defaults or Consents. Neither the execution, delivery and performance of the Transaction Agreements this Agreement by the Company nor the consummation of any of the transactions contemplated therein hereby (including including, without limitation, the issuance and sale by the Company of the Securities and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event that which with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would neither cause nor not reasonably be expected to cause to, individually or in the aggregate, result in a Material Adverse EffectChange, or require any consent or waiver under, or result in the execution or imposition of any Liens lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries Subsidiaries, or violate any provision of the Articles of Association, charter or by-laws laws, as applicable, of the Company or any of its Subsidiaries, except (i) for such consents or waivers that which have already been obtained and are in full force and effect, and (ii) that the issuance of the Contingent Exercise Shares cannot be made until after the CW Approvals and the Charter Amendment Effectiveness.

No Defaults or Consents. Neither the execution, delivery and performance of the Transaction Agreements Documents by the Company or any Subsidiary nor the consummation of any of the transactions contemplated therein hereby (including including, without limitation, the issuance and sale by the Company of the Securities Notes and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event that with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would neither cause nor reasonably be expected to cause a Material Adverse Effect, or require any consent or waiver under, or result in the execution or imposition of any Liens upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries or violate any provision of the charter or by-laws of the Company or any of its Subsidiaries, except (i) for such consents or waivers that have already been obtained and are in full force and effect, and (ii) that the issuance of the Contingent Exercise Shares cannot be made until after the CW Approvals and the Charter Amendment Effectiveness.

No Defaults or Consents. Neither the execution, delivery and performance of the Transaction Agreements by the Company nor (assuming Shareholder Approval is obtained with respect to the issuance of the Approval Shares, if required for compliance with NASDAQ Listing Rule 5635(d)) the consummation of any of the transactions contemplated therein hereby or thereby (including including, without limitation, the issuance and sale by the Company of the Securities and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event that which with notice or lapse of time or both would constitute a default) underunder this Agreement, except such defaults that individually or in the aggregate would neither cause nor reasonably be expected to not cause a Material Adverse Effect, or require any consent or waiver under, or result in the execution or imposition of any Liens lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries subsidiaries is a party or by which either the Company or its Subsidiaries subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries subsidiaries or violate any provision of the charter or by-laws of the Company or any of its Subsidiariessubsidiaries, except (i) for such consents or waivers that which have already been obtained and are in full force and effect, and (ii) that the issuance of the Contingent Exercise Shares cannot be made until after the CW Approvals and the Charter Amendment Effectiveness.

No Defaults or Consents. Neither Except for compliance with, or waiver of, the Company’s obligations under Section 4 of that certain Securities Purchase Agreement, dated as of June 21, 2006, between the Company and the investors party thereto, neither the execution, delivery and performance of the Transaction Agreements this Agreement by the Company nor the consummation of any of the transactions contemplated therein hereby (including including, without limitation, the issuance and sale by the Company of the Securities and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with or result in the breach of any term or provision of, or constitute a default (or an event that which with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would neither cause nor could not reasonably be expected to cause a Material Adverse Effect, or require any consent or waiver under, or result in the execution or imposition of any Liens lien, charge or encumbrance upon any properties or assets of the Company or its Subsidiaries pursuant to the terms of, any indenture, mortgage, deed of trust or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which either the Company or its Subsidiaries or any of its or their properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule or regulation applicable to the Company or any of its Subsidiaries or violate any provision of the charter or by-laws of the Company or any of its Subsidiaries, except (i) for such consents or waivers that which have already been obtained and are in full force and effect, and (ii) that the issuance of the Contingent Exercise Shares cannot be made until after the CW Approvals and the Charter Amendment Effectiveness.

No Defaults or Consents. Neither the execution, delivery and performance of this Agreement [and the Transaction Agreements Escrow Agreement] by the Company nor the consummation of any of the transactions contemplated therein hereby or thereby (including including, without limitation, the issuance and sale by the Company of the Securities and the issuance of the Initial Exercise Shares, Contingent Exercise Shares and the Conversion Shares) will give rise to a right to terminate or accelerate the due date of any payment due under, or conflict with with, or result in the breach of any term or provision of, or constitute a default (or an event that with notice or lapse of time or both would constitute a default) under, except such defaults that individually or in the aggregate would neither cause nor reasonably be expected to not cause a Material Adverse Effect, or require any consent or waiver under, or result in the execution or imposition of any Liens lien, charge, or encumbrance upon any properties or assets of the Company [or its Subsidiaries Subsidiaries] pursuant to the terms of, any indenture, mortgage, deed of trust trust, or other agreement or instrument to which the Company [or any of its Subsidiaries Subsidiaries] is a party or by which either the Company [or its Subsidiaries Subsidiaries] or any of its [its] [or their their] properties or businesses is bound, or any franchise, license, permit, judgment, decree, order, statute, rule rule, or regulation applicable to the Company [or any of its Subsidiaries Subsidiaries] or violate any provision of the charter or by-laws of the Company [or any of its Subsidiaries], except (i) for such consents or waivers that have already been obtained and are in full force and effect, and (ii) that the issuance of the Contingent Exercise Shares cannot be made until after the CW Approvals and the Charter Amendment Effectiveness.