Absence of Conflicts. The Borrower is not in violation of or default under any provision of its Existing Certificate or Bylaws. The execution, delivery, and performance of, and compliance with this Note and the consummation of the transactions contemplated hereby, have not and will not: (i) violate, conflict with or result in a breach of any provision of or constitute a default (or an event which, with notice or lapse of time or both, would constitute a default), under, or result in the termination of, or accelerate the performance required by, or result in the creation of any lien upon any of the assets, properties or business of the Borrower and the subsidiaries under, any of the terms, conditions or provisions of the Existing Certificate or the Bylaws, or any material contract of the Borrower (for purposes of this Section 6(j)(i) a material contract of the Borrower shall be only those agreements that are included as exhibits to the Borrower filings with the SEC); or (ii) violate any judgment, ruling, order, writ, injunction, award, decree, or any law or regulation of any court or federal, state, county or local government or any other governmental, regulatory or administrative agency or authority which is applicable to the Borrower or any subsidiary or any of their assets, properties or business, which violation would have a Material Adverse Effect.
Appears in 17 contracts
Sources: Subordinated Promissory Note (MTM Technologies, Inc.), Subordinated Promissory Note (MTM Technologies, Inc.), Subordinated Promissory Note (MTM Technologies, Inc.)
Absence of Conflicts. The Borrower is not in violation of or default under any provision of its Existing Certificate or Bylaws. The execution, delivery, and performance of, and compliance with with, this Note and the consummation of the transactions contemplated hereby, have do not and will not:
(i) violate, conflict with or result in a breach of any provision of or constitute a default (or an event which, with notice or lapse of time or both, would constitute a default), ) under, or result in the termination of, or accelerate the performance required by, or result in the creation of any lien upon any of the assets, properties or business of the Borrower and the subsidiaries under, any of the terms, conditions or provisions of the Existing Certificate or the Bylaws, or any material contract of the Borrower (for purposes of this Section 6(j)(i) a material contract of the Borrower shall be only those agreements that are included as exhibits to the Borrower filings with the SEC); or
(ii) violate any judgment, ruling, order, writ, injunction, award, decree, or any law or regulation of any court or federal, state, county or local government or any other governmental, regulatory or administrative agency or authority which is applicable to the Borrower or any subsidiary or any of their assets, properties or business, which violation would have a Material Adverse Effect.
Appears in 5 contracts
Sources: Subordinated Promissory Note (MTM Technologies, Inc.), Subordinated Promissory Note (MTM Technologies, Inc.), Subordinated Promissory Note (MTM Technologies, Inc.)
Absence of Conflicts. The Borrower is not in violation of or default under any provision of its Existing Certificate or Bylaws. The execution, delivery, and performance of, and compliance with this Note and the consummation of the transactions contemplated hereby, have not and will not:
(i) violate, conflict with or result in a breach of any provision of or constitute a default (or an event which, with notice or lapse of time or both, would constitute a default), under, or result in the termination of, or accelerate the performance required by, or result in the creation of any lien upon any of the assets, properties or business of the Borrower and the subsidiaries under, any of the terms, conditions or provisions of the Existing Certificate or the Bylaws, or any material contract of the Borrower (for purposes of this Section 6(j)(i) a material contract of the Borrower shall be only those agreements that are included as exhibits to the the. Borrower filings with the SEC); or
(ii) violate any judgment, ruling, order, writ, injunction, award, decree, or any law or regulation of any court or federal, state, county or local government or any other governmental, regulatory or administrative agency or authority which is applicable to the Borrower or any subsidiary or any of their assets, properties or business, which violation would have a Material Adverse Effect.
Appears in 2 contracts
Sources: Subordinated Promissory Note (MTM Technologies, Inc.), Subordinated Promissory Note (MTM Technologies, Inc.)
Absence of Conflicts. The Neither Borrower is not in violation of or default under any provision of its Existing Certificate of Incorporation or its Bylaws. The execution, delivery, and performance of, and compliance with the Loan Documents and this Note Agreement, and the consummation of the transactions contemplated herebyhereby and thereby, have not and will not:
(ia) violate, conflict with or result in a breach of any provision of or constitute a default (or an event which, with notice or lapse of time or both, would constitute a default), ) under, or result in the termination of, or accelerate the performance required by, any of the terms, conditions or provisions of (i) Borrower’s Certificate of Incorporation or its Bylaws, or (ii) any Material Contract, or result in the creation of any lien Lien (other than a Permitted Lien or the liens granted under the Security Agreement) upon any of the assets, properties or business of the Borrower and the subsidiaries under, any of the terms, conditions or provisions of the Existing Certificate or the Bylaws, or any material contract of the Borrower (for purposes of this Section 6(j)(i) a material contract of the Borrower shall be only those agreements that are included as exhibits to the Borrower filings with the SEC)either Borrower; or
(iib) violate any judgment, ruling, order, writ, injunction, award, decree, or any law Law or regulation of any court or federal, state, county or local government or any other governmental, regulatory or administrative agency or authority which is applicable to the either Borrower or any subsidiary or any of their assets, properties or business, which violation would have a Material Adverse Effectbusinesses.
Appears in 2 contracts
Sources: Note Purchase Agreement (Xplore Technologies Corp), Note Purchase Agreement (Xplore Technologies Corp)
Absence of Conflicts. The Borrower is not in violation of or default under any provision of its Existing Certificate or Bylaws. The execution, delivery, and performance of, and compliance with this Note and the consummation of the transactions contemplated hereby, have not and will not:
(i) violate, conflict with or result in a breach of any provision of or constitute a default (or an event which, with notice or lapse of time or both, would constitute a default), under, or result in the termination of, or accelerate the performance required by, or result in the creation of any lien upon any of the assets, properties or business of the Borrower and the subsidiaries under, any of the terms, conditions or provisions of the Existing Certificate or the Bylaws, or any material contract of the Borrower (for purposes of this Section 6(j)(i) a material contract of the Borrower shall be only those agreements that are included as exhibits to the Borrower Borrower’s filings with the SEC); or
(ii) violate any judgment, ruling, order, writ, injunction, award, decree, or any law or regulation of any court or federal, state, county or local government or any other governmental, regulatory or administrative agency or authority which is applicable to the Borrower or any subsidiary or any of their assets, properties or business, which violation would have a Material Adverse Effect.
Appears in 1 contract
Sources: Subordinated Promissory Note (MTM Technologies, Inc.)
Absence of Conflicts. The Borrower is not in violation of or default under any provision of its Existing Certificate or Bylaws. The execution, delivery, and performance of, and compliance with with, this Note and the consummation of the transactions contemplated hereby, have do not and will not:
(i) violate, conflict with or result in a breach of any provision of or constitute a default (or an event which, with notice or lapse of time or both, would constitute a default), ) under, or result in the termination of, or accelerate the performance required by, or result in the creation of any lien upon any of the assets, properties or business of the Borrower and the subsidiaries under, any of the terms, conditions or provisions of the Existing Certificate or the Bylaws, or any material contract of the Borrower (for purposes of this Section 6(j)(i) a material contract of the Borrower shall be only those agreements that are included as exhibits to the Borrower Borrower’s filings with the SEC); or
(ii) violate any judgment, ruling, order, writ, injunction, award, decree, or any law or regulation of any court or federal, state, county or local government or any other governmental, regulatory or administrative agency or authority which is applicable to the Borrower or any subsidiary or any of their assets, properties or business, which violation would have a Material Adverse Effect.
Appears in 1 contract
Sources: Subordinated Promissory Note (MTM Technologies, Inc.)
Absence of Conflicts. The Borrower is not in violation of or default under any provision of its Existing Certificate or Bylaws. The execution, delivery, and performance of, and compliance with this Note and the consummation of the transactions contemplated hereby, have not and will not:
(i) violate, conflict with or result in a breach of any provision of or constitute a default (or an event which, with notice or lapse of time or both, would constitute a default), under, or result in the termination of, or accelerate the performance required by, or result in the creation of any lien upon any of the assets, properties or business of the Borrower and the subsidiaries under, any of the terms, ,. conditions or provisions of the Existing Certificate or the Bylaws, or any material contract of the Borrower (for purposes of this Section 6(j)(i) a material contract of the Borrower shall be only those agreements that are included as exhibits to the Borrower filings with the SEC); or
(ii) violate any judgment, ruling, order, writ, injunction, award, decree, or any law or regulation of any court or federal, state, county or local government or any other governmental, regulatory or administrative agency or authority which is applicable to the Borrower or any subsidiary or any of their assets, properties or business, which violation would have a Material Adverse Effect.
Appears in 1 contract
Sources: Subordinated Promissory Note (MTM Technologies, Inc.)
Absence of Conflicts. The Borrower is not in violation of or default under any provision of its Existing Certificate or Bylaws. The execution, delivery, and performance of, and compliance with this Note and the consummation of the transactions contemplated hereby, have not and will not:
(i) violate, conflict with or result in a breach of any provision of or afar constitute a default (or an event which, with notice or lapse of time or both, would constitute a default), under, or result in the termination of, or accelerate the tile performance required by, or result in the tile creation of any lien upon any of the assets, properties or business of the Borrower and the subsidiaries under, any of the terms, conditions or provisions of the Existing Certificate or the Bylaws, or any material contract of the Borrower (for purposes of this Section 6(j)(i) a material contract of or the Borrower shall be only those agreements that are included as exhibits to the Borrower filings with the SEC); or
(ii) violate any judgment, ruling, order, writ, injunction, award, decree, or any law or regulation of any court or federal, state, county or local government or any other governmental, regulatory or administrative agency or authority which is applicable to the Borrower or any subsidiary or any of their assets, properties or business, which violation would have a Material Adverse Effect.
Appears in 1 contract
Sources: Subordinated Promissory Note (MTM Technologies, Inc.)
Absence of Conflicts. The Borrower is not in violation of or default under any provision of its Existing Certificate or Bylaws. The execution, delivery, and performance of, and compliance with this Note and the consummation of the transactions contemplated hereby, have not and will not:
(i) violate, conflict with or result in a breach of any provision of or constitute a default (or an event which, with notice or lapse of time or both, would constitute a default), under, or result in the termination of, or accelerate the performance required by, or result in the creation of any lien upon any of the assets, ; properties or business of the Borrower and the subsidiaries under, any of the terms, conditions or provisions of the Existing Certificate or the Bylaws, or any material contract of the Borrower (for purposes of this Section 6(j)(i60)(i) a material contract of the Borrower shall be only those agreements that are included as exhibits to the Borrower filings with the SEC); or
(ii) violate any judgment, ruling, order, writ, injunction, award, decree, or any law or regulation of any court or federal, state, county or local government or any other governmental, regulatory or administrative agency or authority which is applicable to the Borrower or any subsidiary or any of their assets, properties or business, which violation would have a Material Adverse Effect.
Appears in 1 contract
Sources: Subordinated Promissory Note (MTM Technologies, Inc.)
Absence of Conflicts. The Borrower is not in violation of or default Default under any provision of its Existing Certificate or Bylaws. The execution, delivery, and performance of, and compliance with this Note and the consummation of the transactions contemplated hereby, have not and will not:
(i) violate, conflict with or result in a breach of any provision of or constitute a default (or an event which, with notice or lapse of time or both, would constitute a default), under, or result in the termination of, or accelerate the performance required by, or result in the creation of any lien upon any of the assets, properties or business of the Borrower and the subsidiaries under, any of the terms, conditions or provisions of the Existing Certificate or the Bylaws, or any material contract of the Borrower (for purposes of this Section 6(j)(i) a material contract of the Borrower shall be only those agreements that are included as exhibits to the Borrower filings with the SEC); or
(ii) violate any judgment, ruling, order, writ, injunction, award, decree, or any law or regulation of any court or federal, state, county or local government or any other governmental, regulatory or administrative agency or authority which is applicable to the Borrower or any subsidiary or any of their assets, properties or business, which violation would have a Material Adverse Effect.
Appears in 1 contract
Sources: Subordinated Promissory Note (MTM Technologies, Inc.)