Approval Right. So long as (a) 50% or more of the Common Stock purchased by the Purchaser pursuant to the Purchase Agreement is issued and outstanding and held by the Purchaser and (b) Purchaser owns at least 10% of the then issued and outstanding Common Stock, Triangle shall not, and shall cause its Subsidiaries not to, directly or indirectly, Incur any Indebtedness (other than pursuant to the Triangle Credit Agreement or the terms of the Notes); provided, however, that Triangle may Incur Indebtedness and any of its Subsidiaries may Incur Indebtedness if on the date thereof the Consolidated Leverage Ratio does not exceed 5.0 to 1.0 (provided that the Triangle Credit Agreement and Notes are excluded from such calculation).
Approval Right. 21 7.3 Certain Actions of the Board .......................................... 22 7.4
Approval Right. Without the prior approval of the Holder, Bally will not: (i) pay any holder of the Notes for the Waivers or any holder of the Senior Notes for similar waivers under the Senior Notes Indenture with respect to Bally’s failure to comply with its reporting obligations thereunder, in either case in excess of the Consent Fee and the Additional Fee (provided that any initial consent fee paid in cash shall not be in excess of $10.00 per $1,000 in principal amount) or (ii) pay the lenders under the Credit Agreement for their approval of the waivers under the Indenture and the Senior Notes Indenture and the related consent payments in excess of the Consent Fee and the Additional Fee (provided that any initial consent fee paid in cash shall not be in excess of $10.00 per $1,000 in principal amount).
Approval Right. Any and all use by each Party of the Trademarks or and any trade dress, logos, trade names, and designs used in connection with the CoDev Products by the other Party shall be subject to the other Party’s prior express written approval. For avoidance of doubt, SGEN shall not use PIRS’ Anticalin® trademark without the advance written permission of PIRS.
Approval Right. Notwithstanding any other -------------- provision of this Agreement to the contrary, until April 15, 2001, the Company (including any successor to the Company's business) may not Transfer any significant portion of its assets to, or merge with or into, AutoZone, Inc. or any Affiliate thereof and FS Stockholder, including any Permitted Transferee, assignee or designee of FS Stockholder and Sears Stockholder, may not directly or indirectly transfer any interest in or control over any Voting Securities to AutoZone, Inc., or any Affiliate thereof, without the prior written approval of Xx. Xxxxxxx.
Approval Right. Any and all use by each Party of the Trademarks or and any trade dress, logos, trade names, and designs used in connection with the Products by the other Party shall be subject to the other Party’s prior express written approval.
Approval Right. Without the prior approval of each Holder, Bally will not: increase the consideration payable to the holders of the Senior Notes for similar waivers under the Senior Notes Indenture with respect to Bally’s failure to comply with its reporting obligations thereunder in excess of the Consent Fee and the Additional Fee.
Approval Right. The Grantee shall not Transfer any Shares without first obtaining the express written approval of the Board of Directors. In the event that the Grantee proposes to Transfer any Shares, the Grantee shall first give a written Transfer Notice to the Company along with a request to the Board of Directors to approve such Transfer. The Transfer Notice shall fully describe the proposed Transfer, including the number of Shares proposed to be Transferred, the proposed transfer price, the name and address of the proposed Transferee and proof satisfactory to the Company that the proposed Transfer will not violate any applicable federal, State or foreign securities laws. Such Transfer Notice must be signed by the Grantee. Within a reasonable period of time after receiving the Transfer Notice, the Board of Directors shall either grant or deny the approval of such Transfer in its sole and absolute discretion. If the Board of Directors does not approve of such Transfer, the Grantee shall not be permitted to Transfer such Shares.
Approval Right. Any and all use by each Party of the Trademarks or and any trade dress, logos, trade names, and designs used in connection with the CoDev Products by the other Party shall be subject to the other Party’s prior express written approval. For avoidance of doubt, SGEN shall not use PIRS’ Anticalin® trademark without the advance written permission of PIRS. [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATION (I) IS NOT MATERIAL AND (II) IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL.
Approval Right. Effective at closing, the Company shall appoint a designee of the Holder (to be agreed upon with Xxxxxxx & Company (UK) Ltd.) who shall have the right (the “Approval Right”) to approve or consent to (i) any transaction in which the Company issues or sells, or agrees to issue or sell any debt or equity securities that are convertible into, exchangeable or exercisable for, or include the right to receive additional shares of, Common Stock, at a price per share below 50% of the prevailing market price at the time of entry into binding agreements for such transactions (ii) any future transaction in which the Company issues or sells, or agrees to issue or sell, any securities of the Company pursuant to an “equity line” structure which provides for the sale, from time to time, of securities of the Company which are registered for sale or resale pursuant to the Securities Act (which for the purpose of this definition shall include a sale of the Company’s securities “off the shelf” in a registered offering, whether or not such offering is underwritten) or (iii) any transaction in which the Company issues or sells, or agrees to issue or sell (a) any debt or equity securities that are convertible into, exchangeable or exercisable for, or include the right to receive additional shares of, Common Stock either (x) at a conversion, exercise or exchange rate or other price that is based upon and/or varies with the trading prices of or quotations for the Common Stock at any time after the initial issuance of such debt or equity securities, (y) with a fixed conversion, exercise or exchange price that is subject to being reset at some future date after the initial issuance of such debt or equity security or upon the occurrence of specified or contingent events directly or indirectly related to the business of the Company or the market for the Common Stock (but excluding standard stock split anti-dilution provisions), or (z) under a warrant exercisable for a number of shares based upon and/or varying with the trading prices of or quotations for the Common Stock at any time after the initial issuance of such warrant The Approval Right would disappear at such time as the Common Stock is approved for trading on the Nasdaq Capital Market or other comparable national securities exchange.
