Conflicting Instruments. Neither the entering into of this Agreement or the Payment Undertaking by the Parties, nor the entering into of any agreement or other instrument contemplated hereby including without limitation, the Covenant Escrow Agreement nor the completion of the Transaction nor the performance by the Vendor of its obligations hereunder or under the Payment Undertaking or the Covenant Escrow Agreement will: (a) conflict with, or result in the breach or violation of or default under, or cause the acceleration of any obligations of the Vendor under, any of the terms and provisions of (i) any Applicable Law, (ii) the Articles of the Vendor or its by-laws or any resolution of the directors or shareholders of the Vendor; or (iii) subject to obtaining any Consent or Vendor Regulatory Approval which may be required thereunder in connection with the completion of the Transaction, any Licence, Order or agreement, contract or commitment, written or oral to which the Vendor is a party or by which the Vendor is bound, or (c) result in the creation of any Lien on any part of the Properties or the Information.
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Sources: Purchase Agreement, Purchase Agreement (Yanzhou Coal Mining Co LTD)
Conflicting Instruments. Neither the entering into of this Agreement or the Payment Undertaking by the Parties, nor the entering into of any agreement or other instrument contemplated hereby including without limitation, the Covenant Representation and Warranty Escrow Agreement nor the completion of the Transaction nor the performance by the Vendor of its obligations hereunder or under the Payment Undertaking or the Covenant Representation and Warranty Escrow Agreement will: (a) conflict with, or result in the breach or violation of or default under, or cause the acceleration of any obligations of the Vendor under, any of the terms and provisions of (i) any Applicable Law, (ii) the Articles of the Vendor or its by-laws or any resolution of the directors or shareholders of the Vendor; or (iii) subject to obtaining any Consent or Vendor Regulatory Approval which may be required thereunder in connection with the completion of the Transaction, any Licence, Order or agreement, contract or commitment, written or oral to which the Vendor is a party or by which the Vendor is bound, or (c) result in the creation of any Lien on any part of the Properties or the Information.
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