Common use of Conflicting Instruments Clause in Contracts

Conflicting Instruments. Neither the entering into of this Agreement by the Parties or the Payment Undertaking, 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 YC of its obligations hereunder or thereunder will: (a) conflict with, or result in the breach or violation of or default under, or cause the acceleration of any obligations of YC under, any of the terms and provisions of (i) any Applicable Law, (ii) the constating documents of YC, including any articles or by-laws, if applicable, any resolution of the directors or shareholders of YC, or any equivalent documents under the laws of jurisdiction of incorporation; or (iii) subject to obtaining any Consent or Buyer 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 YC is a party or by which YC is bound.

Appears in 2 contracts

Sources: Purchase Agreement, Purchase Agreement (Yanzhou Coal Mining Co LTD)

Conflicting Instruments. Neither the entering into of this Agreement by the Parties or the Payment Undertaking, 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 YC of its obligations hereunder or thereunder will: (a) conflict with, or result in the breach or violation of or default under, or cause the acceleration of any obligations of YC under, any of the terms and provisions of (i) any Applicable Law, (ii) the constating documents of YC, including any articles or by-laws, if applicable, any resolution of the directors or shareholders of YC, or any equivalent documents under the laws of jurisdiction of incorporation; or (iii) subject to obtaining any Consent or Buyer 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 YC is a party or by which YC is bound.

Appears in 1 contract

Sources: Purchase Agreement (Yanzhou Coal Mining Co LTD)