Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, the Company covenants and agrees that until the consummation of a Qualified Public Offering, it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 13(a) are waived in any instance by the Investors holding at least a majority in interest of the shares of Restricted Stock then held by Investors, the Company covenants and agrees that until the consummation of a Qualified Public Offering it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, the Company covenants and agrees that, until the later of the repayment in full of (i) the aggregate outstanding principal balance of the Notes, together with all interest and penalties, if any, due thereon, or (ii) the aggregate outstanding principal balance of the LTHBV Notes, together with all interest and penalties, if any due thereon, it will perform and observe the following covenants and provisions and will cause each Subsidiary to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, the Company covenants and agrees that until the outstanding principal amount of the Notes (together with all interest thereon) shall have been repaid in full, it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 13(a) are waived in any instance by at least two-thirds (66-2/3%) of the voting power of the then outstanding shares of Preferred Stock, the Company covenants and agrees that until the consummation of a Qualified Public Offering and for so long as at least 4,832,008 shares of Preferred Stock remain outstanding (such amount subject to equitable adjustment from time to time to reflect any stock split, stock dividend, reverse stock split or similar event affecting the number of issued and outstanding shares of Preferred Stock), the Company will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 4.01 are waived in any instance by either (i) including a majority of the Investor Directors (including Chrixxxxxxx Xxxxxxxx xx his successor) or (ii) by the holders of at least 60% of the outstanding shares of Preferred Stock, the Company covenants and agrees that until the consummation of a Qualified Public Offering, it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, the Company covenants and agrees that, until a Qualified Public Offering, so long as fifty percent (50%) of the Purchased Shares remain outstanding, it will perform and observe the following covenants and provisions and will cause each Subsidiary to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the covenants and provisions of (A) this Section 4.01 are waived in any instance by (i) a majority of the aggregate holders of the Series B Preferred Stock, voting separately as a class, or (ii) the Series B Director, or (B) paragraph (e), only with respect to meetings of the Board of Directors to be held after the expiration of the Option Period, paragraph (i) or paragraph (1), except with respect to the right of Purchaser to have one (1) representative on the Board of Directors, of this Section 4.01 are waived in any instance by (i) a majority of the aggregate holders of the Series A Preferred Stock, voting separately as a class, or (ii) a majority of the Series A Directors, voting separately as a class, the Company covenants and agrees that until the consummation of a Qualified Public Offering, it will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 4.01 are waived in any instance by either (i) a majority of the Investor Directors or (ii) the holders of at least 60% of the outstanding shares of Serial Preferred Stock, the Company covenants and agrees that until the
Affirmative Covenants of the Company Other Than Reporting Requirements. Without limiting any other covenants and provisions hereof, and except to the extent the following covenants and provisions of this Section 14(a) are waived in any instance by the holders of sixty percent (60%) of the voting power of the holders of Restricted Stock and with the exception of Section 14(a)(xx) (Successor Indemnification), which Section 14(a)(xx) shall survive any termination or expiration of this Agreement, the Company hereby covenants and agrees that until the earlier of (i) the consummation of an Initial Public Offering, (ii) a Deemed Liquidation Event, or (iii) at such time as less than (x) 4,500,000 shares of Preferred Stock (subject to appropriate adjustment in the event of any stock dividend, stock split, combination or other similar recapitalization with respect to the Preferred Stock), (y) 500,000 shares of Series C Preferred Stock (subject to appropriate adjustment in the event of any stock dividend, stock split, combination or other similar recapitalization with respect to the Preferred Stock) are outstanding and (z) 500,000 shares of Series B Preferred Stock (subject to appropriate adjustment in the event of any stock dividend, stock split, combination or other similar recapitalization with respect to the Preferred Stock) are outstanding, the Company will perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
