Common use of Activities and Proceeds Clause in Contracts

Activities and Proceeds. (i) Neither the Company nor any of its Affiliates will engage in any activities or use directly or indirectly the proceeds from the Debenture for any purpose for which a SBIC prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107. (ii) Without obtaining the prior written approval of Purchaser, the Company will not change, within one (1) year of the Closing Date, the Company's business activity from that described on Schedule 5.1(f) to a business activity which a small business investment company is prohibited from providing funds by the SBIC Act. The Company agrees that any such changes in its business activity without such prior written consent of Purchaser will constitute a material breach of the obligations of the Company under the Transaction Documents (an "Activity Event of Default").

Appears in 2 contracts

Samples: Securities Purchase Agreement (BPK Resources Inc), Securities Purchase Agreement (AFG Enterprises USA, Inc.)

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Activities and Proceeds. (i) Neither the Company nor any of its Affiliates will engage in any activities or use directly or indirectly the proceeds from the Debenture for any purpose for which a SBIC is prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107S107. (ii) Without obtaining the prior written approval of Purchaser, the Company will not change, within one (1) year of the Closing Date, the Company's business activity from that described on Schedule 5.1(f) to a business activity which a small business investment company SBIC is prohibited from providing funds by the SBIC Act. The Company agrees that any such changes in its business activity without such prior written consent of Purchaser will constitute a material breach of the obligations of the Company under the Transaction Documents (an "Activity Event of Default").

Appears in 2 contracts

Samples: Securities Purchase Agreement (Rapid Link Inc), Securities Purchase Agreement (Rapid Link Inc)

Activities and Proceeds. (i) Neither the Company nor any of its Affiliates will engage in any activities or use directly or indirectly the proceeds from the Debenture for any purpose for which a SBIC is prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107§107. (ii) Without obtaining the prior written approval of Purchaser, Trident the Company will not change, within one (1) year of the Closing Date, the Company's ’s business activity from that described on Schedule 5.1(f) to a business activity which a small business investment company SBIC is prohibited from providing funds by the SBIC Act. The Company agrees that any such changes in its business activity without such prior written consent of Purchaser Trident will constitute a material breach of the obligations of the Company under the Transaction Documents (an "Activity Event of Default").

Appears in 1 contract

Samples: Securities Purchase Agreement (Zone Mining LTD)

Activities and Proceeds. (i) Neither the Company nor any of its Affiliates will engage in any activities or use directly or indirectly the proceeds from the Debenture for any purpose for which a SBIC is prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107§107. (ii) Without obtaining the prior written approval of PurchaserTrident and CapSource, the Company will not change, within one (1) year of the Closing Date, the Company's ’s business activity from that described on Schedule 5.1(f) to a business activity which a small business investment company SBIC is prohibited from providing funds by the SBIC Act. The Company agrees that any such changes in its business activity without such prior written consent of Purchaser Trident and CapSource will constitute a material breach of the obligations of the Company under the Transaction Documents (an "Activity Event of Default").

Appears in 1 contract

Samples: Securities Purchase Agreement (Uni-Pixel)

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Activities and Proceeds. (i) Neither the Company nor any of its Affiliates will engage in any activities or use directly or indirectly the proceeds from the Debenture for any purpose for which a SBIC prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107ss. 107. (ii) Without obtaining the prior written approval of PurchaserTrident, the Company will not change, within one (1) year of the Closing Date, the Company's business activity from that described on Schedule 5.1(f) to a business activity which a small business investment company is prohibited from providing funds by the SBIC Act. The Company agrees that any such changes in its business activity without such prior written consent of Purchaser Trident will constitute a material breach of the obligations of the Company under the Transaction Documents (an "Activity Event of Default").

Appears in 1 contract

Samples: Securities Purchase Agreement (Intrac Inc)

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