Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default
Appears in 3 contracts
Samples: Securities Purchase Agreement (Think Partnership Inc), Securities Purchase Agreement (Think Partnership Inc), Securities Purchase Agreement (Magnetar Capital Partners LP)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse
Appears in 2 contracts
Samples: Securities Purchase Agreement (eFuture Information Technology Inc.), Securities Purchase Agreement (eFuture Information Technology Inc.)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults
Appears in 2 contracts
Samples: Securities Purchase Agreement (Stinger Systems, Inc), Securities Purchase Agreement (Clearly Canadian Beverage Corp)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither Neither the Company nor any of its Subsidiaries (i) except as disclosed in the SEC Documents or in Schedule 3(s)(i), has any outstanding Indebtedness (as defined below), (ii) except as disclosed in the SEC Documents or in Schedule 3(s)(ii), is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultor
Appears in 1 contract
Samples: Securities Purchase Agreement (Innovative Food Holdings Inc)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither Neither the Company nor any of its Subsidiaries Subsidiaries, (i) except as disclosed on Schedule 3(s), has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of of, or in defaultdefault under, any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the
Appears in 1 contract
Samples: Execution Copy Securities Purchase Agreement (Socket Mobile, Inc.)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s3(q), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below)Indebtedness, (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultother
Appears in 1 contract
Samples: Securities Purchase Agreement (Natural Health Trends Corp)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither Neither the Company nor any of its Subsidiaries Subsidiaries, (i) except as disclosed in Schedule 3(n)(i), has any outstanding Indebtedness (as defined below), (ii) except as disclosed in Schedule 3(n)(ii), is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultagreement
Appears in 1 contract
Samples: Securities Purchase Agreement (Vallon Pharmaceuticals, Inc.)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither Neither the Company nor any of its Subsidiaries (i) except as disclosed in the SEC Documents or in Schedule 3(s)(i), has any outstanding Indebtedness (as defined below), (ii) except as disclosed in Schedule 3(s)(ii), is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) except as disclosed in Schedule 3(s)(iii), is in violation of any term of or in defaultin
Appears in 1 contract
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries Subsidiaries: (i) has any material outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under
Appears in 1 contract
Samples: Securities Purchase Agreement (Minrad International, Inc.)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default (or an event which with notice or lapse of time or both would become a default) under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in default
Appears in 1 contract
Samples: Securities Purchase Agreement (Raptor Networks Technology Inc)
Indebtedness and Other Contracts. Except as disclosed in set forth on Schedule 3(s3(l), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below)in Section 8), or (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under any contract, agreement or instrument relating to any Indebtedness, except such violations or defaults as would not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Securities Purchase Agreement (Power Medical Interventions, Inc.)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultthe
Appears in 1 contract
Samples: Securities Purchase Agreement (Image Entertainment Inc)
Indebtedness and Other Contracts. Except as disclosed in the SEC Documents or Schedule 3(s3(p), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultrelating to
Appears in 1 contract
Samples: Securities Purchase Agreement (NPS Pharmaceuticals Inc)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s3(ff), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in defaulta
Appears in 1 contract
Samples: Securities Purchase Agreement (Qiao Xing Universal Telephone Inc)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries Subsidiaries: (i) has any material outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under any contract, agreement or instrument relating to any Indebtedness, except where such violations
Appears in 1 contract
Samples: Securities Purchase Agreement (Minrad International, Inc.)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to would result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultdefault under any contract,
Appears in 1 contract
Samples: Securities Purchase Agreement (Act Teleconferencing Inc)
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s)) or in the SEC Documents, neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is in violation of any term of or in default under any contract, agreement or instrument relating to any Indebtedness, except where such violations and defaults would not result, individually or in the aggregate, in a Material Adverse Effect, or (iv) is a party to any contract, agreement or instrumentinstrument relating to any Indebtedness, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultperformance of
Appears in 1 contract
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in default
Appears in 1 contract
Indebtedness and Other Contracts. Except as disclosed in Schedule 3(s), neither the Company nor any of its Subsidiaries (i) has any outstanding Indebtedness (as defined below), (ii) is a party to any contract, agreement or instrument, the violation of which, or default under which, by the other party(ies) to such contract, agreement or instrument could reasonably be expected to result in a Material Adverse Effect, (iii) is in violation of any term of or in defaultother
Appears in 1 contract
Samples: Securities Purchase Agreement (Commtouch Software LTD)
