No Defaults, Violations or Conflicts. Neither the Company nor any Subsidiary is in violation or default of any term or provision of its Charter, Bylaws, each as amended on and through the date of Closing, or of any instrument, judgment, order, writ, decree, license, permit or contract to which it is a party, by which it is bound or to which its property is subject, or of any provision of state, federal or foreign statute, rule or regulation applicable to the Company or the Subsidiaries, which violation or violations, either individually or in the aggregate, would materially and adversely affect the business, assets, liabilities, financial condition, operations or prospects of the Company and its Subsidiaries, taken as a whole. The Company and its Subsidiaries have avoided every condition, and has not performed any act, the occurrence of which would result in the loss by them of any right granted under any license, distribution or other agreement, which is necessary for the conduct of their businesses as now being conducted by them.
Appears in 2 contracts
Sources: Series E Convertible Preferred Stock Purchase Agreement (Accentia Biopharmaceuticals Inc), Series E Convertible Preferred Stock Purchase Agreement (Accentia Biopharmaceuticals Inc)