Common use of Non-Contravention; Consents and Approvals Clause in Contracts

Non-Contravention; Consents and Approvals. (a) Except to the extent set forth on Schedule 3.3, the ------------ execution and delivery of this Agreement by the Stockholders and DDS does not, and the performance by the Stockholders and DDS of their respective obligations hereunder and the consummation of the transactions contemplated hereby will not, conflict with, result in a violation or breach of, constitute (with or without notice or lapse of time or both) a default under, result in or give to any person any right of payment or reimbursement, termination, cancellation, modification or acceleration of, or result in the creation or imposition of any lien upon any of the assets or properties of DDS under, any of the terms, conditions or provisions of (i) the Certificate of Incorporation or By-Laws of DDS, or (ii) subject to obtaining the necessary approval of this Agreement and the Merger by the Stockholders and the taking of the actions described in paragraph (b) of this Section 3.3 (x) any statute, law, rule, regulation or ordinance (together, "Laws"), or any judgment, decree, order, writ, permit or license, of any Governmental Entity (as defined in paragraph (b) below), applicable to DDS or any of its assets or properties, or (y) any contract, agreement or commitment to which DDS or a Stockholder is a party or by which DDS or any of its assets or properties is bound.

Non-Contravention; Consents and Approvals. (a) Except to the extent set forth on Schedule 3.3, the ------------ execution and delivery of this Agreement by the Stockholders and DDS Periscope does not, and the performance by the Stockholders and DDS Periscope of their respective its obligations hereunder and the consummation of the transactions contemplated hereby will not, conflict with, result in a violation or breach of, constitute (with or without notice or lapse of time or both) a default under, result in or give to any person any right of payment or reimbursement, termination, cancellation, modification or acceleration of, or result in the creation or imposition of any lien upon any of the assets or properties of DDS Periscope under, any of the terms, conditions or provisions of (i) the Certificate of Incorporation or By-Laws of DDSPeriscope, or (ii) subject to obtaining the necessary approval of this Agreement and the Merger by the Stockholders Periscope stockholders and the taking of the actions described in paragraph (b) of this Section 3.3 3.3, (x) any statute, ----------- law, rule, regulation or ordinance (together, "Laws"), or any judgment, decree, order, writ, permit or license, of any Governmental Entity (as defined in paragraph (b) below), applicable to DDS Periscope or any of its assets or properties, or (y) any contract, agreement or commitment to which DDS or a Stockholder Periscope is a party or by which DDS Periscope or any of its assets or properties is bound.

Non-Contravention; Consents and Approvals. (a) ----------------------------------------- Except to the extent set forth on Schedule 3.3, the ------------ execution and ------------ delivery of this Agreement by the Stockholders and DDS SRS does not, and the performance by the Stockholders and DDS SRS of their respective its obligations hereunder and the consummation of the transactions contemplated hereby will not, conflict with, result in a violation or breach of, constitute (with or without notice or lapse of time or both) a default under, result in or give to any person any right of payment or reimbursement, termination, cancellation, modification or acceleration of, or result in the creation or imposition of any lien upon any of the assets or properties of DDS SRS under, any of the terms, conditions or provisions of (i) the Certificate Articles of Incorporation or By-Laws of DDSSRS, or (ii) subject to obtaining the necessary approval of this Agreement and the Merger by the Stockholders SRS stockholders and the taking of the actions described in paragraph (b) of this Section 3.3 3.3, ------------ (x) any statute, law, rule, regulation or ordinance (together, "Laws"), or any judgment, decree, order, writ, permit or license, of any Governmental Entity (as defined in paragraph (b) below), applicable to DDS SRS or any of its assets or properties, or (y) any contract, agreement or commitment to which DDS or a Stockholder SRS is a party or by which DDS SRS or any of its assets or properties is bound.

Non-Contravention; Consents and Approvals. (a) Except to the extent set forth on Schedule 3.3, the ------------ ----------------------------------------- The execution and delivery of this Agreement by the Stockholders and DDS does AMS do not, and the performance by the Stockholders and DDS AMS of their respective its obligations hereunder and the consummation of the transactions contemplated hereby will not, conflict with, result in a violation or breach of, constitute (with or without notice or lapse of time or both) a default under, result in or give to any person any right of payment or reimbursement, termination, cancellation, modification or acceleration of, or result in the creation or imposition of any lien upon any of the assets or properties of DDS AMS under, any of the terms, conditions or provisions of (i) the Certificate of Incorporation or By-Laws of DDSAMS, or (ii) subject to obtaining the necessary approval of this Agreement and the Merger by the Stockholders AMS stockholders and the taking of the actions described in paragraph (b) of this Section 3.3 Section, (x) any statute, law, rule, regulation or ordinance (together, "Laws"), or any judgment, decree, order, writ, permit or license, of any Governmental Entity (as defined in paragraph (b) below), applicable to DDS AMS or any of its assets or properties, or (y) any contract, agreement or commitment to which DDS or a Stockholder AMS is a party or by which DDS AMS or any of its assets or properties is bound, excluding from the foregoing clauses (x) and (y) conflicts, violations, breaches, defaults, terminations, modifications, accelerations and creations and impositions of liens which would not have an AMS Material Adverse Effect or result in the inability of AMS to consummate the transactions contemplated by this Agreement.

Non-Contravention; Consents and Approvals. (a) Except to the extent set forth on Schedule 3.3, the ------------ execution and delivery of this Agreement by the Stockholders and DDS ESI does not, and the performance by the Stockholders and DDS ESI of their respective its obligations hereunder and the consummation of the transactions contemplated hereby will not, conflict with, result in a violation or breach of, constitute (with or without notice or lapse of time or both) a default under, result in or give to any person any right of payment or reimbursement, termination, cancellation, modification or acceleration of, or result in the creation or imposition of any lien upon any of the assets or properties of DDS ESI under, any of the terms, conditions or provisions of (i) the Certificate Articles of Incorporation or By-Laws of DDSESI, or (ii) subject to obtaining the necessary approval of this Agreement and the Merger by the Stockholders ESI stockholders and the taking of the actions described in paragraph (b) of this Section 3.3 3.3, (x) any statute, law, rule, regulation ----------- or ordinance (together, "Laws"), or any judgment, decree, order, writ, permit or license, of any Governmental Entity (as defined in paragraph (b) below), applicable to DDS ESI or any of its assets or properties, or (y) any contract, agreement or commitment to which DDS or a Stockholder ESI is a party or by which DDS ESI or any of its assets or properties is bound.