Certain Actions by the Company. Upon the exercise of any Company Warrant, the Company shall, in accordance with the provisions of the Opco LLC Agreement, exercise a corresponding Opco Warrant on the same terms on which such Opco Warrant was exercised. Upon the exercise of any Opco Warrants (other than by the Company or any of its subsidiaries), the Company shall issue to Opco, for delivery to the person exercising such Opco Warrants, a number of Class B Ordinary Shares, equal to the number of Class A Units issued upon the exercise of such Opco Warrants.
Certain Actions by the Company. The Company shall not take any of the following actions without the prior consent of the Board of Directors of the Company (including the consent of at least one of the Preferred Directors (as defined in the Restated Certificate) for subsection (c) below):
Certain Actions by the Company. (a) At or prior to the Closing, the Company shall amend and restate its limited liability company agreement to read substantially as set forth in the Company LLC Agreement.
Certain Actions by the Company. Upon the request of the Selling Holders, the Company shall, and shall cause its officers to, participate in customary "road shows" for purposes of assisting in the sale of Registrable Securities by the Selling Holders, including by meeting with potential investors and making presentations reasonably requested by the Selling Holders and taking such actions as reasonably required by any Underwriter participating in such sale; provided that (i) the dollar value of the Registrable Securities being offered for sale is in excess of $10 million and (ii) the Company shall not be required to participate in more than two (2) such road shows per year in connection with offerings of Registrable Securities. The Company shall bear all costs and expenses incurred in connection with the performance of its obligations under this Section 5.10.
Certain Actions by the Company. In addition, except ------------------------------ as is set forth in Article 4 of the Company Disclosure Schedules notwithstanding Section 4.1 above, without the prior written consent of the Parent, which consent will not be unreasonably withheld or delayed, the Company shall not do any of the following, nor shall the Company permit its Subsidiaries to do any of the following:
Certain Actions by the Company. The Company has not: (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of an involuntary petition by the Company's creditors; (iii) suffered the appointment of receiver to take possession of all or substantially all of the Company's assets; (iv) suffered the attachment or other judicial seizure of all or substantially all of the Company's assets; (v) admitted in writing the Company's inability to pay its debts as they become due; or (vi) made an offer of settlement, extension or composition to its creditors generally.
Certain Actions by the Company. Neither the Company nor any of the ------------------------------ Subsidiaries has: (i) made a general assignment for the benefit of creditors; (ii) filed any voluntary petition in bankruptcy or suffered the filing of any involuntary petition by such entities' creditors; (iii) suffered the appointment of a receiver to take possession of all or substantially all of such entities' assets; (iv) suffered the attachment or other judicial seizure of all, or substantially all, of such entities' assets; (v) admitted in writing such entities' inability to pay its debts as they come due; or (vi) made an offer of settlement, extension, or composition to its creditors generally.
Certain Actions by the Company. (a) At or prior to the Closing, the Company shall (i) amend and restate its limited liability company agreement to read substantially as set forth in the Company LLC Agreement, (ii) cause the Company’s board of directors to consist of only the individuals specified in (or selected pursuant to) Section 9.12(d), and (iii) specify the class of the board to which each director shall be appointed, in accordance with Section 9.12(d).
Certain Actions by the Company. The Company shall, promptly after the date hereof, use its best efforts to cause the following to become effective immediately prior to the Merger:
Certain Actions by the Company. For so long as the Percentage Ownership of the Sponsor Group is at least twenty-five percent (25%), the Company shall not (and shall cause each of the Company’s subsidiaries not to), in each case, without the prior written consent of the Sponsor Group:
