Common use of No Violation; Consents Clause in Contracts

No Violation; Consents. (a) The execution and delivery of this Agreement and the Voting Agreement by Abraxas does not, and consummation by Abraxas of the transactions contemplated hereby and thereby will not, (i) violate the articles of incorporation or bylaws of Abraxas, (ii) constitute a breach or violation of, or a default (or an event which, with notice or lapse of time or both, would constitute such a default) under any Contracts to which Abraxas or any of its Subsidiaries is a party or by which any of them or any of their respective properties are bound, (iii) (assuming that the consents and approvals referred to in Section 5.6(b) are duly and timely made or obtained and that the approval of the Stock Issuance by the affirmative vote of Abraxas stockholders is obtained) violate any Law applicable to Abraxas any of its Subsidiaries or any of their properties, (iv) result in the creation or imposition of any Lien upon any property of Abraxas or any of its Subsidiaries pursuant to the agreements and instruments referred to in clause (ii), or (v) cause the transactions contemplated by this Agreement to be subject to Takeover Laws, except, in the case of clauses (ii), (iii) or (iv), such conflicts, breaches, violations, defaults, Liens, or subjection that arise under the Abraxas Credit Facility or, in the case of clauses (ii), (iii), (iv), or (v), for such conflicts, breaches, violations, defaults, Liens, or subjection, that would not, individually or in the aggregate, have an Abraxas Material Adverse Effect.

Appears in 4 contracts

Samples: Amended and Restated Agreement and Plan of Merger (Abraxas Petroleum Corp), Agreement and Plan of Merger (Abraxas Petroleum Corp), Agreement and Plan of Merger (Abraxas Petroleum Corp)

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No Violation; Consents. (a) The execution and delivery of this Agreement and the Voting Agreement by Abraxas Energy does not, and consummation by Abraxas Energy of the transactions contemplated hereby and thereby will not, (i) violate the articles certificate of incorporation formation or bylaws the Partnership Agreement of AbraxasEnergy, (ii) constitute a breach or violation of, or a default (or an event which, with notice or lapse of time or both, would constitute such a default) under any Contracts indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument (collectively, “Contracts”) to which Energy or Abraxas or any of its Subsidiaries Operating is a party or by which any of them or any of their respective properties are bound, (iii) (assuming that the consents and approvals referred to in Section 5.6(b4.6(b) are duly and timely made or obtained and that the approval of the Stock Issuance by the affirmative vote of Abraxas stockholders Energy Unitholder Approval is obtained) violate any Law applicable to Energy or Abraxas any of its Subsidiaries Operating or any of their properties, (iv) result in the creation or imposition of any Lien upon any property of Energy or Abraxas or any of its Subsidiaries Operating pursuant to the agreements and instruments referred to in clause (ii), or (v) cause the transactions contemplated by this Agreement to be subject to Takeover Laws, except, in the case of clauses (ii), (iii) or (iv), such conflicts, breaches, violations, defaults, Liens, or subjection that arise under the Abraxas Credit Facility or, in the case of clauses (ii), (iii), (iv), or (v), for such conflicts, breaches, violations, defaults, Liens, or subjection, that would not, individually or in the aggregate, have an Abraxas Energy Material Adverse Effect.

Appears in 4 contracts

Samples: Amended and Restated Agreement and Plan of Merger (Abraxas Petroleum Corp), Agreement and Plan of Merger (Abraxas Petroleum Corp), Agreement and Plan of Merger (Abraxas Petroleum Corp)

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No Violation; Consents. (a) The execution and delivery of this Agreement and the Voting Agreement by Abraxas ATN does not, and the consummation by Abraxas ATN of the transactions contemplated hereby and thereby will not, not (i) violate the articles of incorporation or bylaws of AbraxasOperating Agreement (assuming that the ATN Unitholder Approval is obtained), (ii) constitute a breach or violation of, or a default (or an event which, with notice or lapse of time or both, would constitute such a default) under any Contracts indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument to which Abraxas ATN or any of its Subsidiaries is a party or by which any of them or any of their respective properties are bound, (iii) (assuming that the consents and approvals referred to in Section 5.6(b4.6(b) are duly and timely made or obtained and that that, to the approval extent required by applicable Law, the adoption of the Stock Issuance this Agreement by the affirmative vote of Abraxas stockholders ATN Unitholders is obtained) violate any Law applicable to Abraxas ATN or any of its Subsidiaries or any of their properties, (iv) result in the creation or imposition of any Lien upon any property of Abraxas ATN or any of its Subsidiaries pursuant to the agreements and instruments referred to in clause (ii), ) or (v) cause the transactions contemplated by this Agreement to be subject to Takeover Laws, except, in the case of clauses (ii), (iii) or (iv), such conflicts, breaches, violations, defaults, Liens, or subjection that arise under the Abraxas Credit Facility or, in the case of clauses clause (ii), (iii), (iv), ) or (v), for such conflicts, breaches, violations, defaults, Liens, Liens or subjection, that would not, individually or in the aggregate, have an Abraxas ATN Material Adverse Effect.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Atlas Energy Resources, LLC), Agreement and Plan of Merger (Atlas Resources Public #18-2008 Program)

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