COMPANY'S NEGATIVE COVENANTS. Company covenants and agrees that, so long as any of the Commitments hereunder shall remain in effect and until payment in full of all of the Loans and other Obligations and the cancellation or expiration of all Letters of Credit, unless Requisite Lenders shall otherwise give prior written consent, Company shall perform, and shall cause each of its Subsidiaries to perform, all covenants in this Section 7.
COMPANY'S NEGATIVE COVENANTS. Company covenants and agrees that, so long as any of the Commitments hereunder shall remain in effect and until payment in full of all of the Loans and other Obligations (other than (x) Unasserted Obligations and (y) obligations and liabilities under Secured Cash Management Agreements and Secured Hedge Agreements) and the cancellation or expiration of all Letters of Credit (other than Letters of Credit as to which other arrangements with respect thereto satisfactory to Administrative Agent and Issuing Lender shall have been made), unless Requisite Lenders shall otherwise give prior written consent, Company shall perform, and shall cause each of its Subsidiaries to perform, all covenants in this Section 7.
COMPANY'S NEGATIVE COVENANTS. Company and each Borrower covenants and agrees that, so long as any of the Commitments hereunder shall remain in effect and until payment in full of all of the Loans, the Notes, the Offshore Overdraft Amounts and the Domestic Overdraft Amount and other Obligations and the cancellation or expiration of all Letters of Credit and reimbursement of all amounts drawn thereunder, unless Requisite Lenders shall otherwise give prior written consent, Company and each Borrower shall perform, and shall cause each of its respective Subsidiaries to perform, all covenants in this Section 6.
COMPANY'S NEGATIVE COVENANTS. Holdings and Company covenant and agree that, until payment in full of all of the Loans and other Obligations (other than Unasserted Obligations), unless Requisite Lenders shall otherwise give prior written consent, Holdings and Company shall perform, and shall cause each of their Subsidiaries to perform, all covenants in this Section 7.
COMPANY'S NEGATIVE COVENANTS. Subsection 7.1(x) of the Credit Agreement is hereby amended by deleting it in its entirety and substituting the following therefor:
COMPANY'S NEGATIVE COVENANTS. The Company will comply with the following requirements unless holders of more than 50% of the outstanding Restricted Securities agree otherwise in writing. These requirements will terminate upon the earlier of (1) the closing date of an underwritten public offering of the Company's common stock pursuant to an effective registration statement under the Securities Act or (2) the date when less than 25% of the Restricted Securities are held by the original holders of the Debentures or their permitted transferees. These requirements may be amended by a written agreement between the Company and holders of more than 50% of the outstanding Restricted Securities.
COMPANY'S NEGATIVE COVENANTS. Subsection 7.1(iv) of the Credit Agreement is hereby amended to read in its entirety as follows: "[intentionally omitted]"
COMPANY'S NEGATIVE COVENANTS. Except as (i) required pursuant to, or contemplated by, this Agreement, (ii) set forth on Section 7.2 of the Company Disclosure Schedule or (iii) agreed in writing by the Purchaser or Parent (which agreement shall not be unreasonably withheld or delayed), from the date hereof until the earlier of (x) the valid termination of this Agreement in accordance with ARTICLE X hereto, or (y) the Closing Date, neither the Company nor any of the Company Subsidiaries shall:
(a) other than as required by Applicable Law or the terms of any Contracts or Labor Agreements existing on the date hereof, make any change in, or accelerate the vesting of, the compensation or benefits payable or to become payable to, or grant any severance or termination pay to, any of its officers, directors, managers, members, employees, agents or consultants or enter into or amend any Labor Agreement, or make any loans to any of its officers, directors, managers, members, employees, affiliates or agents or consultants or make any change in its existing borrowing or lending arrangements for or on behalf of any of such Persons pursuant to a benefit plan or otherwise; provided, however, that this paragraph (a) shall not prevent the Company or any of the Company Subsidiaries from entering into at–will offer letters with new non–officer employees in the ordinary course of business; provided, further, that after the date of the Agreement, the Company shall not accelerate the vesting of, or make changes in, equity based compensation, options or restricted stock, other than by permitting the acceleration of any options or other equity based compensation pursuant to the terms of agreements in existence on the date hereof which require such acceleration.
(b) other than in the ordinary course of business consistent with past practice or as required by Applicable Law or the terms of any Contracts or Labor Agreements existing on the date hereof: (i) pay or make any accrual or arrangement for payment of any pension, retirement allowance or other employee benefit pursuant to any existing plan, agreement or arrangement to any officer, director, manager, member or employee, or pay or agree to pay or make any accrual or arrangement for payment to any officers, directors, managers, members, employees or affiliates of the Company or any Company Subsidiaries of any amount relating to unused vacation days; or (ii) adopt or pay, grant, issue, accelerate or accrue salary or other payments or benefits pursuant to any ...
COMPANY'S NEGATIVE COVENANTS. Prior to the Closing, without the prior written consent of Parent or as otherwise expressly provided herein, Company will not:
(a) take any action or omit to take any action which would result in Company’s (i) incurring any trade accounts payable outside of the Ordinary Course of Company’s Business or making any commitment to purchase quantities of any item of inventory in excess of quantities normally purchased in the Ordinary Course of Company’s Business; (ii) materially increasing any of its Indebtedness for borrowed money; (iv) merging or consolidating with, purchasing substantially all of the assets of, or otherwise acquiring any business or any proprietorship, firm, association, limited liability company, corporation or other business organization; (v) increasing the rate or type of compensation payable to any person, except as in the Ordinary Course of Company’s Business; (vi) entering into any agreement related to employment (except as required by law), or creating any pension or profit-sharing plan, bonus, deferred compensation or any other Benefit Arrangement, or extending the exercisability of any outstanding stock option or increasing or decreasing any severance or termination pay benefit or any other fringe benefit outside the Ordinary Course of Company’s Business consistent with past practices (except as required under the terms of this Agreement, and such exception shall include any bonus payments made to any employees or service providers of Company in connection with a Change of Control Event to the extent such bonus payments to be made have been disclosed in the Company Disclosure Letter); (vii) making any representation to anyone indicating any intention of Parent to retain, institute, or provide any Benefit Arrangement, except as in the Ordinary Course of Company’s Business; (viii) selling or disposing or licensing of any assets otherwise than under the Development Agreement; (ix) making any capital expenditures other than in the Ordinary Course of Company Business and in no event in excess of $50,000 in the aggregate; (x) issuing any equity interests of any kind of Company; (xi) issuing or granting any subscriptions, options, rights, warrants, convertible securities or other agreements or commitments to issue, or contracts or any other agreements obligating Company to issue, any equity, or securities convertible into any equity; (xii) modifying, amending or terminating any Material Contract other than in the Ordinary Course of Company’...
COMPANY'S NEGATIVE COVENANTS. Company covenants and agrees that, so long as any of the Additional AXEL Commitments hereunder shall remain in effect and until payment in full of all of the AXELs and other Obligations unless Requisite Lenders shall otherwise give prior written consent, Company shall perform, and shall cause each of its Subsidiaries to perform, all covenants in this Section 6.
