Common use of Capital Structure and Business Clause in Contracts

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations that could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) make any change in its capital structure as described in Disclosure Schedule 3.8, including the issuance or sale of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock; provided, that Borrower may issue or sell shares of its common Stock as consideration in connection with Permitted Acquisitions (so long as no Change of Control occurs after giving effect thereto), and may further issue or sell shares of its common Stock for cash so long as (i) the proceeds thereof are applied in prepayment of the Obligations as required by Section 1.3(b)(iii), and (ii) no Change of Control occurs after giving effect thereto, or (c) amend its charter or bylaws in a manner that would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it and other businesses that, in the good faith judgment of the board of directors of Borrower, are reasonably related, ancillary or complimentary thereto, or reasonable extensions thereof, including, without limitation, the leasing of medical equipment.

Capital Structure and Business. No Credit Party shall (a) make any changes in any of its business objectives, purposes or operations that which could in any way adversely affect the repayment of the Loans or any of the other Obligations or could reasonably be expected to have or result in a Material Adverse Effect, (b) make any change in its capital structure as described in on Disclosure Schedule (3.8), including the issuance or sale of any shares of Stock, warrants or other securities convertible into Stock or any revision of the terms of its outstanding Stock; provided, except that Borrower (i) Holdings may issue or sell shares of its common Stock as (A) for cash consideration in connection with Permitted Acquisitions (at fair market value so long as no Change of Control occurs after giving effect thereto), and may further issue or sell shares of its common Stock for cash so long as (i) the proceeds thereof are applied in prepayment of the Obligations as required by Section 1.3(b)(iii1.3(b)(iv), and (ii) no Change of Control occurs after giving effect thereto, and (B) upon exercise of the options outstanding on the Closing Date and listed on Disclosure Schedule 3.8 as long as no Change of Control occurs after giving effect thereto and (ii) Holdings may issue shares of its capital stock, warrants or options provided no Change of Control occurs after giving effect thereto and such issuance is authorized by its shareholders, Articles of Incorporation or Holdings' Board of Directors, or (c) amend its charter or bylaws in a manner that which would adversely affect Agent or Lenders or such Credit Party's duty or ability to repay the Obligations. No Credit Party shall engage in any business other than the businesses currently engaged in by it and other or businesses that, in the good faith judgment of the board of directors of Borrower, are reasonably related, ancillary or complimentary related thereto, or reasonable extensions thereof, including, such business reasonably related thereto including without limitation, the leasing of medical equipmentretail internet sales.