Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 6 contracts
Sources: Series E Preferred Stock Purchase Agreement (DSL Net Inc), Series E Preferred Stock Purchase Agreement (DSL Net Inc), Series C Preferred Stock Purchase Agreement (Planetrx Com)
Permits. The Company has all material franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Immune Response Corp), Securities Purchase Agreement (C3d Inc), Securities Purchase Agreement (Qubit Holdings LLC)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 6 contracts
Sources: Series a Preferred Stock Purchase Agreement (Acacia Research Corp), Securities Purchase Agreement (Scientific Learning Corp), Securities Purchase Agreement (Scientific Learning Corp)
Permits. The Company has all franchises, permits, licenses, and ------- any other similar authority authorities necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 5 contracts
Sources: Series C Preferred Stock and Warrant Purchase Agreement (Rhythms Net Connections Inc), Series C Preferred Stock and Warrant Purchase Agreement (Rhythms Net Connections Inc), Series D Preferred Stock Purchase Agreement (Rhythms Net Connections Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by itit and as proposed to be conducted, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conductedwould have a Material Adverse Effect. The Company is not in default or violation in any material respect under any of such franchises, permits, licenses, or other similar authority, and the execution and delivery of the Agreements will not result in any such default or violation, with or without the passage of time or giving of notice or both.
Appears in 5 contracts
Sources: Preferred Stock Purchase Agreement (Aurora Biosciences Corp), Collaboration and License Agreement (Aurora Biosciences Corp), Collaboration and License Agreement (Aurora Biosciences Corp)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Companywould have a Material Adverse Effect, and the Company reasonably believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 5 contracts
Sources: Securities Purchase Agreement (MedAvail Holdings, Inc.), Securities Purchase Agreement (MedAvail Holdings, Inc.), Securities Purchase Agreement (MedAvail Holdings, Inc.)
Permits. The Company has obtained all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by itcurrent operations, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default violation in any material respect under of any of such franchises, permits, licenses, or other similar authority.
Appears in 5 contracts
Sources: Series C Convertible Preferred Stock and Warrant Purchase Agreement, Series C Convertible Preferred Stock and Warrant Purchase Agreement (Visterra, Inc.), Series C Convertible Preferred Stock and Warrant Purchase Agreement (Visterra, Inc.)
Permits. The Company has all franchises, permits, licenses, and any ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 5 contracts
Sources: Series F Preferred Stock Purchase Agreement (Oni Systems Corp), Series E Preferred Stock Purchase Agreement (Oni Systems Corp), Series a Preferred Stock and Warrant Purchase Agreement (DSL Net Inc)
Permits. The Company has all material franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Companyhave a material adverse effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as currently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 5 contracts
Sources: Preferred Stock Purchase Agreement (Harolds Stores Inc), Preferred Stock Purchase Agreement (Harolds Stores Inc), Preferred Stock Purchase Agreement (Casey Rebecca Powell)
Permits. The Company Corporation has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the CompanyCorporation, as the case may be, and the Company Corporation believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company Corporation is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 5 contracts
Sources: Licensing and Collaboration Agreement (Zymeworks Inc.), Collaboration Agreement (Zymeworks Inc.), Licensing and Collaboration Agreement (Zymeworks Inc.)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being presently conducted by it, the lack of which could materially and adversely affect would have a material adverse effect on the Company's business, properties, prospects, properties or financial condition of the Companycondition, and the Company believes it can obtain, without undue burden expense or expenseburden, any similar authority for the expanded conduct of its business as planned presently proposed to be conductedexpanded. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 4 contracts
Sources: Convertible Debenture Purchase Agreement (Vycor Medical Inc), Convertible Debenture Purchase Agreement (Vycor Medical Inc), Convertible Debenture Purchase Agreement (Vycor Medical Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition or results of operations of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 4 contracts
Sources: Technology Development and License Agreement (Intertrust Technologies Corp), Technology Development and License Agreement (Intertrust Technologies Corp), Technology Development and License Agreement (Intertrust Technologies Corp)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The To its knowledge, the Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 4 contracts
Sources: Series I Preferred Stock Purchase Agreement (Oxis International Inc), Common Stock Purchase Agreement (United Leisure Corp), Series I Preferred Stock Purchase Agreement (Oxis International Inc)
Permits. The Company and each of its subsidiaries has all ------- franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 4 contracts
Sources: Series B Preferred Stock Purchase Agreement (Avantgo Inc), Series B Preferred Stock Purchase Agreement (Avantgo Inc), Series D Preferred Stock Purchase Agreement (Preview Systems Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar other authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchisesfranchise, permitspermit, licenses, license or other similar authority.
Appears in 4 contracts
Sources: Series E Preferred Stock and Warrant Purchase Agreement (Exactis Com Inc), Series C Preferred Stock Purchase Agreement (Exactis Com Inc), Series a Preferred Stock Purchase Agreement (Petroleum Place Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, and, to the lack of which could materially and adversely affect the business, properties, prospects, or financial condition knowledge of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authorityauthority held by the Company.
Appears in 4 contracts
Sources: Series B Preferred Stock Purchase Agreement (Internetconnect Inc), Series a Preferred Stock Purchase Agreement (Internetconnect Inc), Series D Preferred Stock Purchase Agreement (Internetconnect Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by itbusiness, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the . The Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 4 contracts
Sources: Series B Preferred Stock and Convertible Note Purchase Agreement (Pets Com Inc), Series B Preferred Stock Purchase Agreement (Pets Com Inc), Series C Preferred Stock Purchase Agreement (Pets Com Inc)
Permits. The Company has all franchises, permits, licenses, approvals and ------- any similar authority authorizations necessary for the conduct of its business as now being conducted by it, the lack of which which, individually or in the aggregate, could materially reasonably be expected to have a Material Adverse Effect, and adversely affect the business, properties, prospects, or financial condition of to the Company’s Knowledge, and the Company believes it can obtain, without undue burden or expense, any similar authority such authorization for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authorityauthorizations.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Stationdigital Corp), Securities Purchase Agreement (Stationdigital Corp), Securities Purchase Agreement (Stationdigital Corp)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, properties or financial condition of the Company, Company and the Company believes it can obtain, obtain without undue burden or expense, any similar authority for the conduct of its business as currently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 4 contracts
Sources: Stock Purchase Agreement (Avanex Corp), Stock Purchase Agreement (Avanex Corp), Stock Purchase Agreement (Avanex Corp)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 4 contracts
Sources: Stock Purchase Agreement (Combichem Inc), Series D Preferred Stock Purchase Agreement (Combichem Inc), Series B Preferred Stock Purchase Agreement (Critical Path Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 4 contracts
Sources: Equity Investment and Supply Agreement (Oplink Communications Inc), Convertible Note Purchase Agreement (Accelgraphics Inc), Series C Preferred Stock Purchase Agreement (Signalsoft Corp)
Permits. The Company has all governmental franchises, governmental permits, licenses, governmental licenses and ------- any similar governmental authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such governmental franchises, governmental permits, licenses, governmental licenses or other similar governmental authority.
Appears in 4 contracts
Sources: Series C Preferred Stock Purchase Agreement (Collateral Therapeutics Inc), Series C Preferred Stock Purchase Agreement (Collateral Therapeutics Inc), Preferred Stock Purchase Agreement (Collateral Therapeutics Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 4 contracts
Sources: Series C Preferred Stock Purchase Agreement (Corsair Communications Inc), Series D Preferred Stock Purchase Agreement (Corsair Communications Inc), Series B Preferred Stock Purchase Agreement (Corsair Communications Inc)
Permits. The Company has all franchises, permits, licenses, and ------- -------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 3 contracts
Sources: Research and Option Agreement (Curagen Corp), Research and Option Agreement (Curagen Corp), Research and Option Agreement (Curagen Corp)
Permits. The Company has all franchises, permits, licenses, licenses ------- and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, Company and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 3 contracts
Sources: Series a Convertible Preferred Stock Purchase Agreement (Eccs Inc), Series a Convertible Preferred Stock Purchase Agreement (Eccs Inc), Series a Convertible Preferred Stock Purchase Agreement (Eccs Inc)
Permits. The Company and each of its subsidiaries has all ------- franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by itbusiness, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company it believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 3 contracts
Sources: Series B Preferred Stock Purchase Agreement (Loudeye Technologies Inc), Series C Preferred Stock Purchase Agreement (Loudeye Technologies Inc), Series C Preferred Stock Purchase Agreement (Loudeye Technologies Inc)
Permits. The Company has all franchises, permits, licenses, and ------- intellectual property and any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Companywould have a Material Adverse Effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 3 contracts
Sources: Convertible Debt and Security Agreement (Beamz Interactive Inc), Convertible Debt and Security Agreement (Beamz Interactive Inc), Convertible Debt and Security Agreement (Beamz Interactive Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could would be reasonably likely to materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conductedconducted as set forth in the Business Plan. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 3 contracts
Sources: Series E Preferred Stock Purchase Agreement (Imx Exchange Inc), Series C Preferred Stock Purchase Agreement (Imx Exchange Inc), Series D Preferred Stock Purchase Agreement (Imx Exchange Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the CompanyCompany and believes, and the Company believes after reasonable investigation, that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 3 contracts
Sources: Collaboration Agreement (Sunesis Pharmaceuticals Inc), Collaboration Agreement (Sunesis Pharmaceuticals Inc), Stock Purchase Agreement (Sunesis Pharmaceuticals Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 3 contracts
Sources: Collaborative Research Agreement (Abgenix Inc), Collaborative Research Agreement (Abgenix Inc), Collaborative Research Agreement (Abgenix Inc)
Permits. The Company has all franchises, permits, licenses, regulatory approvals, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of of, such franchises, permits, licenses, regulatory approvals or other similar authority.
Appears in 3 contracts
Sources: Consent, Waiver and Amendment Agreement (Valeritas Inc), Stock Purchase Agreement (Valeritas Inc), Stock Purchase Agreement (Valeritas Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 3 contracts
Sources: Series E Preferred Stock Purchase Agreement (Open Solutions Inc), Series F Preferred Stock Purchase Agreement (Open Solutions Inc), Series E Preferred Stock and Warrant Purchase Agreement (Applied Voice Recognition Inc /De/)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially could, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Vital Living Inc), Securities Purchase Agreement (Skyepharma PLC), Securities Purchase Agreement (Vital Living Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of reasonably be expected to have a material adverse effect on the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Commerce One Inc), Stock Purchase and Master Strategic Relationship Agreement (Commerce One Inc), Stock Purchase Agreement (Commerce One Inc)
Permits. The To the knowledge of the Company, the Company has all franchises, permits, licenses, licenses and ------- any similar other authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchisesfranchise, permitspermit, licenses, license or other similar authority.
Appears in 3 contracts
Sources: Common Stock Purchase Agreement (Bolder Technologies Corp), Common Stock Purchase Agreement (Bolder Technologies Corp), Common Stock Purchase Agreement (Bolder Technologies Corp)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, taken as a whole, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 3 contracts
Sources: Series B Preferred Stock Purchase Agreement (Rubios Restaurants Inc), Series D Preferred Stock Purchase Agreement (Rubios Restaurants Inc), Series C Preferred Stock Purchase Agreement (Rubios Restaurants Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, taken as a whole, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series E Preferred Stock Purchase Agreement (Discovery Partners International Inc), Series E Preferred Stock Purchase Agreement (Discovery Partners International Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for of the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Sources: Warrant Purchase Agreement (Cove Hill Consulting Inc), Warrant Purchase Agreement (Cove Hill Consulting Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Licensing Agreement (Orchid Biosciences Inc), License and Supply Agreement (Orchid Biosciences Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Companyhave a Material Adverse Effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. All of such franchises, permits, licenses or other similar authority are in full force and effect. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Sources: Merger Agreement (Zynerba Pharmeceuticals, Inc.), Merger Agreement (Zynerba Pharmeceuticals, Inc.)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or any other similar authority.
Appears in 2 contracts
Sources: Series E Convertible Preferred Stock Purchase Agreement (Akamai Technologies Inc), Series F Convertible Preferred Stock Purchase Agreement (Akamai Technologies Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business business, as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expenseexpenses, any similar authority for the conduct of its business as planned to be conductedconducted in the Business Plan. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (Zamba Corp), Series B Preferred Stock Purchase Agreement (Zamba Corp)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Companywould constitute a Material Adverse Event, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenseslicense, or other similar authority.
Appears in 2 contracts
Sources: Series E Preferred Stock Purchase Agreement (Concur Technologies Inc), Series D Preferred Stock Purchase Agreement (Concur Technologies Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of would have a Material Adverse Effect on the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Itec Environmental Group Inc), Common Stock Purchase Agreement (Itec Environmental Group Inc)
Permits. The Company has all franchises, permits, licenses, and any ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The To its knowledge, the Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Sources: Series D Preferred Stock Purchase Agreement (Petsmart Com Inc), Preferred Stock Purchase Agreement (Petsmart Com Inc)
Permits. The To the best of the Company's knowledge, the Company has has, or is in the process of obtaining, all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the its business, properties, prospects, properties or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Tengtu International Corp), Stock Purchase Agreement (D Angelo Brands Inc)
Permits. The Company has all franchises, permits, licenses, ------- and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition or results of operations of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned proposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Sources: Series D Preferred Stock Purchase Agreement (Worldres Com Inc), Series C Preferred Stock and Warrant Purchase Agreement (Worldres Com Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.planned
Appears in 2 contracts
Sources: Series E Preferred Stock Purchase Agreement (Signal Pharmaceuticals Inc), Series E Preferred Stock Purchase Agreement (Signal Pharmaceuticals Inc)
Permits. The Company has all franchises, permits, licenses, ------- licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could would materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Hyseq Inc), Stock Purchase Agreement (Perkin Elmer Corp)
Permits. The To the best of its knowledge, the Company has all franchises, permits, licenses, approvals and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Purchase Agreement (Comc Inc), Series a Preferred Stock Purchase Agreement (Comc Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as currently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Calico Commerce Inc/), Common Stock Purchase Agreement (Calico Commerce Inc/)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being presently conducted by it, the lack of which could materially and adversely affect result in a material adverse effect on the Company's business, properties, prospects, properties or financial condition of the Companycondition, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned presently proposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (Introgen Therapeutics Inc), Series a Preferred Stock Purchase Agreement (Introgen Therapeutics Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could would materially and adversely affect the business, properties, prospects, properties or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series C Preferred Stock Purchase Agreement (Trans1 Inc), Series C Preferred Stock Purchase Agreement (Trans1 Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as currently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Common Stock Purchase Agreement (Agile Software Corp), Common Stock Purchase Agreement (Agile Software Corp)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conductedconducted in the Financial Plan. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Sources: Convertible Subordinated Secured Note and Warrant Purchase Agreement (Bluestone Software Inc), Series B Preferred Stock Purchase Agreement (Bluestone Software Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company reasonably believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conductedconducted according to the Overview. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authorityauthority where such default has caused or could reasonably be expected to cause a Material Adverse Effect.
Appears in 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (Azul Holdings Inc), Series a Preferred Stock Purchase Agreement (Cadmus Communications Corp/New)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Companywould have a Material Adverse Effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material Material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Revenue Loan and Security Agreement (T1V, Inc.), Revenue Loan and Security Agreement (NowRx, Inc.)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series C Convertible Redeemable Preferred Stock Purchase Agreement (Bluebook International Holding Co), Series C Convertible Redeemable Preferred Stock Purchase Agreement (Cotelligent Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by itbusiness, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series B Preferred Stock Purchase Agreement (Drugstore Com Inc), Series a Preferred Stock Purchase Agreement (Drugstore Com Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series E Preferred Stock Purchase Agreement (Agile Software Corp), Series F Preferred Stock Purchase Agreement (Agile Software Corp)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any other similar authority authorities necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businessassets, properties, prospectsfinancial condition, operating results, prospects or financial condition business of the Company, and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Netgateway Inc), Stock Purchase Agreement (Netgateway Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially have a Material Adverse Effect and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Master Agreement (Zoll Medical Corp), Master Agreement (Zoll Medical Corporation)
Permits. The Company and each of its subsidiaries has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by itbusiness, the lack of which could materially and adversely affect the business, properties, prospects, properties or financial condition of the CompanyCompany and, and the Company believes to its knowledge, it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series B Preferred Stock Purchase Agreement (Printcafe Inc), Series C Preferred Stock Purchase Agreement (Printcafe Inc)
Permits. The Company has all franchises, permits, licenses, approvals and ------- any similar authority authorizations necessary for the conduct of its business as now being conducted by it, the lack of which which, individually or in the aggregate, could materially reasonably be expected to have a Material Adverse Effect, and adversely affect the business, properties, prospects, or financial condition of to the Company's Knowledge, and the Company believes it can obtain, without undue burden or expense, any similar authority such authorization for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authorityauthorizations.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Stationdigital Corp), Securities Purchase Agreement (Stationdigital Corp)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series C Preferred Stock Purchase Agreement (Agile Software Corp), Series D Preferred Stock Purchase Agreement (Agile Software Corp)
Permits. The Company has obtained all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, properties or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Wave Systems Corp), Stock Purchase Agreement (Wave Systems Corp)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, properties or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned proposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series a Preferred Stock Purchase Agreement (Arrowhead Research Corp), Subscription Agreement (Arrowhead Research Corp)
Permits. The Company has obtained all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series D and Series D 1 Preferred Stock Purchase Agreement (Glu Mobile Inc), Series D Preferred Stock Purchase Agreement (Glu Mobile Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by itbusiness, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Companyhave a Material Adverse Effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conductedproposed. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Aethlon Medical Inc), Stock Purchase Agreement (Aethlon Medical Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by itcurrently conducted, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the would be reasonably expected to have a Material Adverse Effect. The Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series B Preferred Stock Purchase Agreement (Energy & Power Solutions, Inc.), Series B Preferred Stock Purchase Agreement (Energy & Power Solutions, Inc.)
Permits. The Company has and each of its subsidiaries have all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business their respective businesses as now presently being conducted by itconducted, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the CompanyCompany and its subsidiaries, taken as a whole, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Lightspan Partnership Inc), Stock Purchase Agreement (Lightspan Partnership Inc)
Permits. The Company and each of its subsidiaries has all ------- franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes that it can obtain, without undue burden or expense, any similar authority for the conduct of its business as currently conducted and as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 2 contracts
Sources: Series D Preferred Stock Purchase Agreement (Avantgo Inc), Series D Preferred Stock Purchase Agreement (Avantgo Inc)
Permits. The To its knowledge, the Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, results of operations or financial condition of the Company. To its knowledge, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 2 contracts
Sources: Warrant Purchase Agreement (Lawson Software Inc), Warrant Purchase Agreement (Lawson Software Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by itbusiness, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company it believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Tekinsight Com Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could would materially and adversely affect the business, properties, prospects, or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business subsidiaries considered as planned to be conductedone enterprise. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authorityauthority except for such defaults which would not have a material adverse effect on the business of the Company and its Subsidiaries considered as one enterprise.
Appears in 1 contract
Sources: Securities Exchange Agreement (Sanctuary Woods Multimedia Corp)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the businesswould have a Material Adverse Effect, propertiesand, prospectsto its knowledge, or financial condition of the Company, and the Company believes it can will be able to obtain, without undue burden or expense, any similar authority for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Zagg INC)
Permits. The Company has all material governmental franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially would reasonably be expected to have a Material Adverse Effect and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being presently conducted by it, the lack of which could materially and adversely affect would have a material adverse effect on the Company’s business, properties, prospects, properties or financial condition of the Companycondition, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned presently proposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Series E Preferred Stock Purchase Agreement (Bazaarvoice Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by itconducted, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Sources: Series D Preferred Stock Purchase Agreement (Argonaut Technologies Inc)
Permits. The Company has obtained all franchises, permits, licenses, licenses and ------- any similar authority as necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect (financially or otherwise) the business, properties, prospectsassets, liabilities or financial condition prospects of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Series B Preferred Stock Purchase Agreement (Avistar Communications Corp)
Permits. The Company and each of its subsidiaries has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by itbusiness, except for such permits, licenses and other similar authority, the lack of which could would not materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Securities Purchase Agreement (Breakaway Solutions Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could reasonably be expected to materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Sources: Stock Purchase Agreement (American Access Technologies Inc)
Permits. The To the Company’s knowledge, the Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Secured Loan Agreement (Safenet Inc)
Permits. The Company has all franchises, permits, ------- licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Planetrx Com)
Permits. The Company has all material franchises, permits, licenses, ------- and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar necessary authority for the conduct of its business as currently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Securities Purchase Agreement (Internet Capital Group Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority material to or necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the Company’s business, properties, prospectsassets, prospects or financial condition of the Companycondition, and the Company believes it can obtain, without undue burden or expense, any similar authority material to or necessary for the conduct of its business as planned proposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business taken as planned to be conducteda whole. The Company is not in default default, in any material respect respect, under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Popmail Com Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Companywould have a Material Adverse Effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, and any ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default default, in any material respect respect, under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (MMC Networks Inc)
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the . The Company believes it can obtain, without undue burden or expense, any similar authority each approval necessary for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Series a Convertible Preferred Stock Purchase Agreement (Bab Holdings Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, condition (financial or financial condition otherwise), or results of operations of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted or as currently proposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority necessary for the conduct of its business as now being presently conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Companyresult in a Material Adverse Effect, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned presently proposed to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Overstock Com Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Companywould have a Material Adverse Effect, and the Company believes has a reasonable basis to believe that it can obtain, without undue burden or expense, any similar authority for the conduct of its the Company's business as presently planned to be conducted. , The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Franklin Wireless Corp)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect have a Material Adverse Effect on the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as presently planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Series B Convertible Preferred Stock Purchase Agreement (Bank of America Corp /De/)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conductedconducted in the Business Plan. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Sources: Series a Preferred Stock Purchase Agreement (Bluestone Software Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, except for those by which the lack of which could materially and adversely affect thereof would not be reasonably expected to have, either individually or in the businessaggregate, properties, prospects, or financial condition of the Company, and the a Material Adverse Effect. The Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of have a Material Adverse Effect on the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Permits. The Company has all franchises, permits, licenses, licenses and ------- any similar authority as necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Series B Preferred Stock Purchase Agreement (Iss Group Inc)
Permits. The Company has all franchises, permits, licenses, and ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, or financial condition of the Company, and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default -8- 9 in any material respect under any of such franchises, permits, licenses, or other similar authority.
Appears in 1 contract
Sources: Series B Preferred Stock Purchase Agreement (Flexiinternational Software Inc/Ct)
Permits. The Company has all franchises, permits, licenses, licenses and any ------- any similar authority necessary for the conduct of its business as now being conducted by it, the lack of which could materially and adversely affect the business, properties, prospects, prospects or financial condition of the Company, Company and the Company believes it can obtain, without undue burden or expense, any similar authority for the conduct of its business as planned to be conducted. The Company is not in default in any material respect under any of such franchises, permits, licenses, licenses or other similar authority.
Appears in 1 contract
Sources: Series C Preferred Stock Purchase Agreement (Virtual Telecom Inc)