Common use of Certain Affirmative Covenants of the Company Clause in Contracts

Certain Affirmative Covenants of the Company. The Company agrees that, during the period beginning on the Execution Date and ending on the Termination Date, the Company shall, and shall cause each Company Subsidiary to: (a) maintain its corporate existence in good standing; (b) comply with all Governmental Requirements applicable to the operation of its business, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; (c) comply with all agreements, documents and instruments binding on it or affecting its Properties or business, including, without limitation, all Material Contracts, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; (d) provide each Holder with copies of all materials sent to its shareholders at the same time as such materials are delivered to such shareholders; (e) timely file with the Commission all reports required to be filed pursuant to the Exchange Act and refrain from terminating its status as an issuer required by the Exchange Act to file reports thereunder even if the Exchange Act or the rules or regulations thereunder would permit such termination (and otherwise make and keep public information available, as those terms are understood and defined in Rule 144); (f) [Intentionally Omitted] (g) ensure that the Common Stock is at all times listed or quoted on the Nasdaq Global Market, the New York Stock Exchange, the American Stock Exchange, or such other exchange or quotation service reasonably satisfactory to the Holder (or if there is more than one Holder, the Holders holding a majority of the Series C Preferred Stock held by all Holders); and (h) maintain commercially reasonable insurance coverage (including D&O insurance) for each of the Company and Company Subsidiaries.

Certain Affirmative Covenants of the Company. The Company agrees that, during unless an exception is permitted by the period beginning on prior written approved of Holders of a majority of the Execution Date and ending on the Termination Dateoutstanding Securities, the Company shall, and shall cause each Company Subsidiary to: (a) maintain its corporate existence in good standing; (b) comply with all Governmental Requirements applicable to the operation of its business, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; (c) comply with all agreements, documents and instruments binding on it or affecting its Properties or business, including, without limitation, all Material Contracts, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; (d) provide each Holder with copies of all materials sent to its shareholders at the same time as such materials are delivered to such shareholders; (e) timely file with the Commission all reports required to be filed pursuant to the Exchange Act and refrain from terminating its status as an issuer required by the Exchange Act to file reports thereunder even if the Exchange Act or the rules or regulations thereunder would permit such termination (and otherwise make and keep public information available, as those terms are understood and defined in Rule 144); (f) [Intentionally Omitted] (g) ensure that the Common Stock is at all times listed or quoted on the Nasdaq over-the-counter bulletin board market, Nasdaq Global Market, the New York Stock Exchange, the American Stock Exchange, or such other exchange or quotation service reasonably satisfactory to the Holder (or if there is more than one Holder, the Holders holding a majority of the Series C B Preferred Stock held by all Holders); and (hg) maintain commercially reasonable insurance coverage (including D&O insurance) for each of the Company and Company Subsidiaries.

Certain Affirmative Covenants of the Company. The Company agrees that, during unless an exception is permitted by the period beginning on prior written approved of Holders of a majority of the Execution Date and ending on the Termination Dateoutstanding Securities, the Company shall, and shall cause each Company Subsidiary to: (a) maintain its corporate existence in good standing; (b) comply with all Governmental Requirements applicable to the operation of its business, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; (c) comply with all agreements, documents and instruments binding on it or affecting its Properties or business, including, without limitation, all Material Contracts, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; (d) provide each Holder with copies of all materials sent to its shareholders at the same time as such materials are delivered to such shareholders; (e) timely file with the Commission all reports required to be filed pursuant to the Exchange Act and refrain from terminating its status as an issuer required by the Exchange Act to file reports thereunder even if the Exchange Act or the rules or regulations thereunder would permit such termination (and otherwise make and keep public information available, as those terms are understood and defined in Rule 144); (f) [Intentionally Omitted] (g) ensure that the Common Stock is at all times listed or quoted on the Nasdaq over-the-counter bulletin board market, Nasdaq Global Market, the New York Stock Exchange, the American Stock Exchange, or such other exchange or quotation service reasonably satisfactory to the Holder (or if there is more than one Holder, the Holders holding a majority of the Series C A Preferred Stock held by all Holders); and (hg) maintain commercially reasonable insurance coverage (including D&O insurance) for each of the Company and Company Subsidiaries.

Certain Affirmative Covenants of the Company. The Company agrees that, during the period beginning on the Execution Date and ending on the Termination Date, the Company shall, and shall cause each Company Subsidiary to: (a) maintain its corporate existence in good standing; (b) comply with all Governmental Requirements applicable to the operation of its business, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; (c) comply with all agreements, documents and instruments binding on it or affecting its Properties or business, including, without limitation, all Material Contracts, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; (d) provide each Holder with copies of all materials sent to its shareholders at the same time as such materials are delivered to such shareholders; (e) timely file with the Commission all reports required to be filed pursuant to the Exchange Act and refrain from terminating its status as an issuer required by the Exchange Act to file reports thereunder even if the Exchange Act or the rules or regulations thereunder would permit such termination (and otherwise make and keep public information available, as those terms are understood and defined in Rule 144); (f) [Intentionally Omitted] (g) ensure that the Common Stock is at all times listed or quoted on the OTC Bulletin Board, Nasdaq Capital Market, Nasdaq Global Market, the New York Stock Exchange, the American Stock Exchange, or such other exchange or quotation service reasonably satisfactory to the Holder (or if there is more than one Holder, the Holders holding a majority of the Series C Preferred Stock held by all Holders)Registrable Securities; and (hg) maintain commercially reasonable insurance coverage (including D&O insurance) for each of the Company and Company Subsidiaries.

Certain Affirmative Covenants of the Company. The Company agrees that, during the period beginning on the Execution Date and ending on the Termination Date, the Company shall, and shall cause each Company Subsidiary to: (a) maintain its corporate existence in good standing; (b) comply with all Governmental Requirements applicable to the operation of its business, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; (c) comply with all agreements, documents and instruments binding on it or affecting its Properties or business, including, without limitation, all Material Contracts, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect; (d) provide each Holder with copies of all materials sent to its shareholders at the same time as such materials are delivered to such shareholders; (e) timely file with the Commission all reports required to be filed pursuant to the Exchange Act and refrain from terminating its status as an issuer required by the Exchange Act to file reports thereunder even if the Exchange Act or the rules or regulations thereunder would permit such termination (and otherwise make and keep public information available, as those terms are understood and defined in Rule 144)termination; (f) [Intentionally Omitted] (g) ensure that the Common Stock is at all times listed or quoted on the Nasdaq Global MarketOTC Bulletin Board, the New York Stock Exchange, the NASDAQ Capital Market, the American Stock Exchange, or such other exchange or quotation service reasonably satisfactory to the Holder (or if there is more than one Holder, the Holders holding a majority of the Series C Preferred Stock held by all Holders); and (hg) maintain commercially reasonable insurance coverage (including D&O insurance) for each of the Company and each Company SubsidiariesSubsidiary.