COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in violation of any term of its Certificate of Incorporation or Bylaws, as amended, or any mortgage, indenture, contract, agreement, instrument, judgment, decree or order by which the Company is bound or to which its properties are subject or, to its knowledge any statute, rule or regulation applicable to the Company which would materially and adversely affect the business, assets, liabilities, financial condition, operations or prospects of the Company. The execution, delivery and performance of and compliance with this Agreement and the transactions contemplated hereby will not result in any such violation and will not be in conflict with or constitute a default under any of the foregoing and will not result in the creation of any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company pursuant to any of the foregoing.
COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in violation of any term of the Restated Certificate of Incorporation or Bylaws, or in any material respect of any term or provision of any material mortgage, indenture, contract, agreement or instrument to which it is a party or by which it is bound, and to the best of its knowledge, is not in violation of any order, statute, rule or regulation applicable to the Company, which violation reasonably would be expected to have a material adverse effect on the Company's business or financial condition. The execution, delivery and performance of and compliance with this Agreement, and the issuance of the Shares and the Conversion Stock, have not resulted and will not result in any violation of, or conflict with, or constitute a default under, or result in the creation of, any material mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company.
COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in violation of any term of the Articles or Bylaws, nor is the Company in violation of or in default in any material respect under the terms of any mortgage, indenture, contract, agreement, instrument, judgment or decree, the violation of which would have a material adverse effect on the Company as a whole, and to the knowledge of the Company, is not in violation of any order, statute, rule or regulation applicable to the Company, the violation of which would have a material adverse effect on the Company. The execution, delivery and performance of and compliance with this Agreement or the Rights Agreement, and the issuance and sale of the Preferred Shares will not (a) result in any such violation, or (b) be in conflict with or constitute a default under any such term, or (c) result in the creation of any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company pursuant to any such term. To the knowledge of the Company, there is no such term which materially adversely affects, or, so far as the Company may now foresee, in the future may materially adversely affect, the business, condition, affairs or operations of the Company or any of its properties or assets.
COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in violation of any term of its Restated Articles or Bylaws, or in any material respect of any term or provision of any mortgage, indenture, contract, agreement, instrument, judgment or decree to which it is a party, and the Company is not in violation of any federal or state judgment, order, statute, law, rule or regulation applicable to the Company, which violation would have a material adverse effect on the Company's business. The execution, delivery and performance of and compliance with this Agreement, the Shareholder Rights Agreement and the Co-Sale Agreement and the issuance of the Shares and the Conversion Shares, will not result in any violation of, or conflict with, or constitute a default under, any material contract, agreement, instrument or mortgage, or any pledge, lien, encumbrance or charge upon any of the properties or assets of the Company; and there is no such violation or default or event which, with the passage of time or giving of notice or both, would constitute a violation or default which materially and adversely affects the business of the Company or any of its properties or assets.
COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. Intek is -------------------------------------------------------- not in violation of any Material term or provision of the Intek Charter or Intek Bylaws, or any Material mortgage, indebtedness, indenture, contract, agreement, instrument, judgment or decree, and to its knowledge is not in violation of any order, statute, rule or regulation applicable to Intek. The execution, delivery and performance of and compliance with this Agreement, and the issuance of the Intek Shares, have not resulted and will not result in any violation of, or conflict with, or constitute a default under, any of the terms of the Intek Charter or Intek Bylaws or any corporate restriction or of any indenture, mortgage, deed of trust, pledge, bank loan or credit agreement, or any instrument, document or agreement by which Intek or its properties may be bound or affected, or result in the creation of any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of Intek.
COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in material violation of: any term of its Restated Certificate, as amended by the Certificate of Designation, or Bylaws; any term or provision of any mortgage, indebtedness, indenture, contract, agreement, instrument, judgment or decree; and, to its knowledge, any order, statute, rule or regulation applicable to the Company. The execution, delivery and performance of and compliance with the Investment Agreements, and the issuance of the Shares and the Conversion Stock, have not resulted and will not result in any violation of, or materially conflict with, or constitute a default under, the Company’s Restated Certificate, as amended by the Certificate of Designation, or Bylaws, and have not and will not result in any material violation of, or materially conflict with, or constitute a material default under, any of its agreements nor result in the creation of any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company.
COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in violation of any term of the Certificate of Incorporation or Bylaws, each as amended to date, or in any material respect of any term or provision of any Material Agreement, judgment, decree, order, statute, rule or regulation applicable to the Company in any respect that could reasonably be expected to have a Material Adverse Effect. The execution, delivery and performance of this Agreement, and the issuance of the Warrants, Shares and the Common Stock issuable upon conversion of the Shares and upon exercise of the Warrants, have not resulted and will not result in any material violation of, or conflict with, or constitute a material default under, the Certificate of Incorporation or Bylaws, as amended, nor any of the Material Agreements, nor result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company.
COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The ------------------------------------------------------- Company is not in violation of any term of its Articles or Bylaws. The Company is not in violation of any term or provision of any material mortgage, indenture, contract, agreement, instrument, judgment or decree and the Company is not in violation of any applicable order, statute, rule or regulation where such violation could have a material and adverse effect on the Company. The execution, delivery and performance of and compliance with this Agreement and the other Financing Agreements and the issuance of the Shares and the Conversion Stock have not resulted and will not result in any violation of or conflict with the Company's Articles or Bylaws, and have not resulted and will not result in any violation of, or be in conflict with, or constitute a default under, or result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company; and there is no such violation or default or event which, with the passage of time or giving of notice or both, would constitute a violation or default which would materially and adversely affect the business of the Company or any of its properties or assets.
COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The Company is not in violation of any term of its Articles or By-Laws, or, in any material respect, of any term or provision of any mortgage, indebtedness, indenture, contract, security agreement, agreement, instrument, judgment or decree, and, to the best of its knowledge, is not in violation of any order, statute, rule or regulation applicable to the Company where such violation would materially and adversely affect the Company. The execution, delivery and performance of and compliance with this Agreement, and the issuance of the Series B Preferred and the Conversion Stock has not resulted and will not result in any violation of, or conflict with, or constitute a default (or an event that might, with the passage of time or the giving of notice or either of them, constitute a default) under any of the terms of, result in the termination of, result in the loss of any right under, or give to any other person the right to cause such a termination of or loss under, and will be in compliance with, the Company's Articles, By-Laws and all of its agreements, permits and licenses or any provision of federal, state, local or foreign statute rule ordinance or regulation applicable to the Company or result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of the capital stock, properties or assets of the Company or the creation, maturation or acceleration of any liability or obligation of the Company (or give to any other person the right to cause such a creation, maturation or acceleration); and there is no such violation or default which adversely affects the business of the Company or any of its properties or assets.
COMPLIANCE WITH OTHER INSTRUMENTS, NONE BURDENSOME, ETC. The execution, delivery and performance of and compliance with this Agreement and the issuance and sale of the Shares will not result in nor constitute any breach, default or violation of (i) any agreement, contract, lease, license, instrument or commitment (oral or written) to which the Company is a party or is bound and which involves payment by the Company or any of its subsidiaries in excess of $250,000 or which is otherwise material to the business, properties, financial condition or results of operation of the Company or its subsidiaries (a "Material Agreement") or (ii) any law, rule, regulation, statute or order applicable to the Company, any of its subsidiaries or their respective properties, nor result in the creation of any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of the Company or its subsidiaries.
