Common use of Conflicting Instruments Clause in Contracts

Conflicting Instruments. No Transfer. Except as disclosed under the caption "Stockholders Agreement Disclosure Schedule" in the Company Disclosure Schedule, neither the execution, delivery or perform ance of this Agreement by the Stockholder nor the consummation by the Stockholder of the transactions contemplated hereby will result in a violation or breach of, or constitute (with or without due notice or lapse of time or both) a default under, be in conflict with, or give rise to any right of termination, amendment, cancelation or acceleration under, or result in the creation of any pledge, claim, lien, charge, encumbrance or security interest of any kind or nature whatsoever (a "Lien") upon any of the properties or assets of the Stockholder under, any of the terms, conditions or provisions of any contract, agreement or other instrument, or any judgment, injunction, order, decree, law, regulation or arrangement to which the Stockholder is a party or by which the Stockholder or any of the Stockholder's properties or assets, including the Stockholder's Shares, may be bound, except for any breach, violation, conflict, default, conflict or Lien which, individually or in the aggregate, would not impair or affect the Stockholder's ability to sell, or to deliver his proxy for, the Shares according to the terms of this Agreement and to approve the Merger Agreement and the transactions contemplated thereby.