Additional Undertakings. The Pledgor shall not, without the prior written consent of the Administrative Agent: (a) enter into any agreement amending, supplementing, or waiving any provision of any Pledged Note (including, without limitation, any underlying instrument pursuant to which such Pledged Note is issued) or compromising or releasing or extending the time for payment of any obligation of the maker thereof; (b) take or omit to take any action the taking or the omission of which would result in any impairment or alteration of any obligation of the maker of any Pledged Note or other instrument constituting Pledged Collateral (unless permitted by the Credit Agreement); (c) take or omit to take any action which would result in the Pledgor ceasing to own directly all of the Capital Stock of the Pledged Subsidiary(ies); or (d) take or omit to take any action which would result in the creation, incorporation or formation of any direct or indirect Subsidiary of the Borrower which is not validly existing as of the date hereof.
Appears in 3 contracts
Samples: Pledge Agreement (Fibernet Telecom Group Inc\), Subsidiary Pledge Agreement (Fibernet Telecom Group Inc\), Pledge Agreement (Fibernet Telecom Group Inc\)
Additional Undertakings. The Pledgor shall not, without the prior written consent of the Administrative Agent:
(a) enter into any agreement amending, supplementing, or waiving any provision of any Pledged Note (including, without limitation, any underlying instrument pursuant to which such Pledged Note is issued) or compromising or releasing or extending the time for payment of any obligation of the maker thereof;
(b) take or omit to take any action the taking or the omission of which would result in any impairment or alteration of any obligation of the maker of any Pledged Note or other instrument constituting Pledged Collateral (unless permitted by the Credit Agreement);
(c) take or omit to take any action which would result in the Pledgor ceasing to own directly all of the Capital Stock of the Pledged Subsidiary(ies); or
(d) take or omit to take any action which would result in the creation, incorporation or formation of any direct or indirect Subsidiary of the Borrower Parent which is not validly existing as of the date hereof.
Appears in 2 contracts
Samples: Pledge Agreement (Fibernet Telecom Group Inc\), Pledge Agreement (Fibernet Telecom Group Inc\)
Additional Undertakings. The Pledgor shall not, without the prior written consent of the Administrative Agent:
(a) enter into any agreement amending, supplementing, or waiving any provision of any Pledged Note (including, without limitation, any underlying instrument pursuant to which such Pledged Note is issued) or compromising or releasing or extending the time for payment of any obligation of the maker thereof;
(b) take or omit to take any action the taking or the omission of which would result in any impairment or alteration of any obligation of the maker of any Pledged Note or other instrument constituting Pledged Collateral (unless permitted by the Credit Agreement);
(c) take or omit to take any action which would result in the Pledgor ceasing to own directly all of the Capital Stock of the Pledged Subsidiary(ies); or
(d) take or omit to take any action which would result in the creation, incorporation or formation of any direct or indirect Subsidiary of the Borrower Pledgor which is not validly existing as of the date hereof.
Appears in 2 contracts
Samples: Parent Pledge Agreement (Fibernet Telecom Group Inc\), Pledge Agreement (Fibernet Telecom Group Inc\)
Additional Undertakings. The Pledgor shall not, without the prior written consent of the Administrative Agent:
(a) enter into any agreement amending, supplementing, or waiving any provision of any Pledged Note (including, without limitation, any underlying instrument pursuant to which such Pledged Note is issued) or compromising or releasing or extending the time for payment of any obligation of the maker thereof;
(b) take or omit to take any action the taking or the omission of which would result in any impairment or alteration of any obligation of the maker of any Pledged Note or other instrument constituting Pledged Collateral (unless permitted by the Credit Agreement);
(c) take or omit to take any action which would result in the Pledgor ceasing to own directly all of the Capital Stock of FiberNet Telecom, Inc. and such portion of the Pledged Subsidiary(ies)Capital Stock of Devnet as is owned by the Pledgor on the date hereof; or
(d) take or omit to take any action which would result in the creation, incorporation or formation of any direct or indirect Subsidiary of the Borrower Parent which is not validly existing as of the date hereof.
Appears in 1 contract
Additional Undertakings. The Pledgor shall not, without the prior written consent of the Administrative Agent:
(a) enter into any agreement amending, supplementing, or waiving any provision of any Pledged Note (including, without limitation, any underlying instrument pursuant to which such Pledged Note is issued) or compromising or releasing or extending the time for payment of any obligation of the maker thereof;
(b) take or omit to take any action the taking or the omission of which would result in any impairment or alteration of any obligation of the maker of any Pledged Note or other instrument constituting Pledged Collateral (unless permitted by the Credit Agreement);
(c) take or omit to take any action which would result in the Pledgor ceasing to own directly or indirectly all of the Capital Stock of the Pledged Subsidiary(ies); or
(d) take or omit to take any action which would result in the creation, incorporation or formation of any direct or indirect Subsidiary of the Borrower Pledgor which is not validly existing as of the date hereof.
Appears in 1 contract
Samples: Parent Pledge Agreement (Fibernet Telecom Group Inc\)
Additional Undertakings. The Pledgor shall not, without the prior written consent of the Administrative Agent:
(a) enter into any agreement amending, supplementing, or waiving any provision of any Pledged Note (including, without limitation, any underlying instrument pursuant to which such Pledged Note is issued) or compromising or releasing or extending the time for payment of any obligation of the maker thereof;
(b) take or omit to take any action the taking or the omission of which would result in any impairment or alteration of any obligation of the maker of any Pledged Note or other instrument constituting Pledged Collateral (unless permitted by the Credit Agreement);
(c) take or omit to take any action which would result in the Pledgor ceasing to own directly all of the Capital Stock of the Pledged Subsidiary(ies); or
or (d) take or omit to take any action which would result in the creation, incorporation or formation of any direct or indirect Subsidiary of the Borrower which is not validly existing as of the date hereof.
Appears in 1 contract
Samples: Subsidiary Pledge Agreement (Fibernet Telecom Group Inc\)