Absence of Events of Default. Except for matters described in Exhibit 4.8 and/or this Agreement, no Event of Default, as defined in the respective agreement to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (as so defined), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s business, properties, prospects, financial condition or results of operations.
Appears in 22 contracts
Sources: Drawdown Equity Financing Agreement (Sunvalley Solar, Inc.), Drawdown Equity Financing Agreement (Exergetic Energy, Inc.), Drawdown Equity Financing Agreement (Sunvalley Solar, Inc.)
Absence of Events of Default. Except for matters described as set forth in Exhibit 4.8 and/or this AgreementSection 3(e) hereof, no Event of DefaultDefault (or its equivalent term), as defined in the respective agreement to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (or its equivalent term) (as so defineddefined in such agreement), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s business, properties, prospects, financial condition or results of operationsEffect.
Appears in 18 contracts
Sources: Preferred Stock Purchase Agreement (Rubicon Financial Inc), Securities Purchase Agreement (Medix Resources Inc), Securities Purchase Agreement (5 G Wireless Communications Inc)
Absence of Events of Default. Except for matters described as set forth in Exhibit 4.8 and/or this AgreementSection 3(e) hereof, no Event of DefaultDefault (or its equivalent term), as defined in the respective agreement to which the Company or its subsidiary is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (or its equivalent term) (as so defineddefined in such agreement), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s business, properties, prospects, financial condition or results of operationsEffect.
Appears in 17 contracts
Sources: Securities Purchase Agreement (Pluristem Life Systems Inc), Securities Purchase Agreement (Pluristem Life Systems Inc), Securities Purchase Agreement (BVR Technologies LTD)
Absence of Events of Default. Except for matters described in Exhibit 4.8 the Disclosure Schedule and/or this Agreement, no Event of Default, as defined in the respective agreement to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (as so defined), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s 's business, properties, prospects, financial condition or results of operations.
Appears in 16 contracts
Sources: Standby Equity Distribution Agreement (U.S. Helicopter CORP), Standby Equity Distribution Agreement (Sagamore Holdings Inc), Standby Equity Distribution Agreement (Corporate Strategies Inc)
Absence of Events of Default. Except for matters described in Exhibit 4.8 and/or this Agreement, no Event of Default, as defined in the respective agreement to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (as so defined), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s 's business, properties, prospects, financial condition or results of operations.
Appears in 9 contracts
Sources: Equity Line of Credit Agreement, Equity Line of Credit Agreement (Trey Industries Inc), Equity Line of Credit Agreement (Trey Industries Inc)
Absence of Events of Default. Except for matters described in Exhibit 4.8 the Disclosure Schedules and/or this Agreement, no Event of Default, as defined in the respective agreement to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (as so defined), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s 's business, properties, prospects, financial condition or results of operations.
Appears in 8 contracts
Sources: Standby Equity Distribution Agreement (iVoice Technology, Inc.), Standby Equity Distribution Agreement (iVoice Technology, Inc.), Standby Equity Distribution Agreement (SpeechSwitch, Inc.)
Absence of Events of Default. Except for matters described in Exhibit 4.8 4.7 and/or this Agreement, no Event of Default, as defined in the respective agreement agreements to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (as so defined), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s business, properties, prospects, financial condition or results of operations.
Appears in 6 contracts
Sources: Drawdown Equity Financing Agreement, Drawdown Equity Financing Agreement (Aqualiv Technologies, Inc.), Drawdown Equity Financing Agreement (Aqualiv Technologies, Inc.)
Absence of Events of Default. Except for matters described in Exhibit 4.8 4.6 and/or this Agreement, no Event of Default, as defined in the respective agreement to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (as so defined), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s business, properties, prospects, financial condition or results of operations.
Appears in 5 contracts
Sources: Drawdown Equity Financing Agreement, Drawdown Equity Financing Agreement (Coastal Pacific Mining Corp), Drawdown Equity Financing Agreement (Steele Resources Corp)
Absence of Events of Default. Except for matters described in Exhibit 4.8 and/or this Agreement, no Event of Default, as defined in the respective agreement to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (as so defined), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s business, properties, prospects, financial condition or results of operations.
Appears in 4 contracts
Sources: Drawdown Equity Financing Agreement (Polar Petroleum Corp.), Drawdown Equity Financing Agreement (Polar Petroleum Corp.), Drawdown Equity Financing Agreement (Portage Resources Inc.)
Absence of Events of Default. Except for matters described in Exhibit 4.8 and/or this Agreement, no Event of Default, as defined in the respective agreement to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (as so defined), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s 's business, properties, prospects, financial condition or results of operations.
Appears in 3 contracts
Sources: Equity Line of Credit Agreement (Intercard Inc), Standby Equity Distribution Agreement (Wien Group Inc), Equity Line of Credit Agreement (Crowfly Inc)
Absence of Events of Default. Except for matters described in Exhibit 4.8 and/or this Agreement, no Event of Default, as defined in the respective agreement to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (as so defined), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s 's business, properties, prospects, financial condition or results of operations.
Appears in 3 contracts
Sources: Drawdown Equity Financing Agreement (Feel Golf Co Inc), Drawdown Equity Financing Agreement (Monster Offers), Drawdown Equity Financing Agreement (Winchester International Resorts, Inc.)
Absence of Events of Default. Except for matters described in Exhibit 4.8 4.6 and/or this Agreement, no Event of Default, as defined in the respective agreement to which the Company is a party, and no event which, with the giving of notice or the passage of time or both, would become an Event of Default (as so defined), has occurred and is continuing, which would have a Material Adverse Effect on the Company’s 's business, properties, prospects, financial condition or results of operations.
Appears in 1 contract
Sources: Drawdown Equity Financing Agreement (Amerilithium Corp.)