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

Certain Negative Covenants of the Company. From and after the date hereof and until all of the Company’s obligations hereunder and the Notes are paid and performed in full, the Company shall not: A. Incur any new indebtedness for borrowed money without the prior written consent of the Buyer, which consent may be withheld at the sole discretion of the Buyer; provided, however the Company may incur obligations under trade payables in the ordinary course of business consistent with past practice without the consent of the Buyer; X. Xxxxx or permit any security interest (or other lien or other encumbrance) in or on any of its assets; C. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of property or the rendering of any service, with any Affiliate of the Company, or amend or modify any agreement related to any of the foregoing, except on terms that are no less favorable, in any material respect, than those obtainable from any person or entity who is not an Affiliate of the Company; D. Transfer, assign, sell, pledge, hypothecate or otherwise alienate or encumber the Buyer Trust Deed Notes in any way without the prior written consent of the Buyer; or E. Enter into any financing transaction without giving the Buyer at least ten (10) days notice of such prospective financing transaction (the “Transaction Notice”) and the pre-emptive right to provide such financing on substantially similar terms upon notice thereof to the Company within five (5) days of receiving the Transaction Notice.

Certain Negative Covenants of the Company. From and after the date hereof and until all of the Company’s obligations hereunder and the Notes are Note is paid and performed in full and the Warrant is exercised in full, the Company shall not: A. Incur any new indebtedness for borrowed money without the prior written consent of the Buyer, which consent may be withheld at the sole discretion of the Buyer; provided, however the Company may incur obligations under trade payables in the ordinary course of business consistent with past practice without the consent of the Buyer; X. Xxxxx or permit any security interest (or other lien or other encumbrance) in or on any of its assets; C. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of property or the rendering of any service, with any Affiliate of the Company, or amend or modify any agreement related to any of the foregoing, except on terms that are no less favorable, in any material respect, than those obtainable from any person or entity who is not an Affiliate of the Company; D. Transfer, assign, sell, pledge, hypothecate or otherwise alienate or encumber the Secured Buyer Trust Deed Notes in any way without the prior written consent of the Buyer; or E. Enter into any financing transaction without giving the Buyer at least ten (10) days notice of such prospective financing transaction (the “Transaction Notice”) and the pre-emptive right to provide such financing on substantially similar terms upon notice thereof to the Company within five (5) days of receiving the Transaction Notice.

Certain Negative Covenants of the Company. From and after the date hereof and until all of the Company’s obligations hereunder and the Notes are Notesis paid and performed in full and the Warrant is exercised in full, the Company shall not: A. Incur any new indebtedness for borrowed money without the prior written consent of the Buyer, which consent may be withheld at the sole discretion of the Buyer; provided, however the Company may incur obligations under trade payables in the ordinary course of business consistent with past practice without the consent of the Buyer; X. Xxxxx or permit any security interest (or other lien or other encumbrance) in or on any of its assets; C. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of property or the rendering of any service, with any Affiliate of the Company, or amend or modify any agreement related to any of the foregoing, except on terms that are no less favorable, in any material respect, than those obtainable from any person or entity who is not an Affiliate of the Company; D. Transfer, assign, sell, pledge, hypothecate or otherwise alienate or encumber the Buyer Trust Deed Notes in any way without the prior written consent of the Buyer; or E. Enter into any financing transaction without giving the Buyer at least ten (10) days notice of such prospective financing transaction (the “Transaction Notice”) and the pre-emptive right to provide such financing on substantially similar terms upon notice thereof to the Company within five (5) days of receiving the Transaction Notice.

Certain Negative Covenants of the Company. From and after the date hereof and until all of the Company’s obligations hereunder and the Notes are Note is paid and performed in full, the Company shall not: A. Incur any new indebtedness for borrowed money without the prior written consent of the Buyer, which consent may be withheld at the sole discretion of the Buyer; provided, however the Company may incur obligations under trade payables in the ordinary course of business consistent with past practice without the consent of the Buyer; X. Xxxxx or permit any security interest (or other lien or other encumbrance) in or on any of its assets; C. Enter into any transaction, including, without limitation, any purchase, sale, lease or exchange of property or the rendering of any service, with any Affiliate of the Company, or amend or modify any agreement related to any of the foregoing, except on terms that are no less favorable, in any material respect, than those obtainable from any person or entity who is not an Affiliate of the Company; D. Transfer, assign, sell, pledge, hypothecate or otherwise alienate or encumber the Buyer Trust Deed Mortgage Notes in any way without the prior written consent of the Buyer; or E. Enter into any financing transaction without giving the Buyer at least ten (10) days notice of such prospective financing transaction (the “Transaction Notice”) and the pre-emptive right to provide such financing on substantially similar terms upon notice thereof to the Company within five (5) days of receiving the Transaction Notice.