Consent to Subsequent Financing Sample Clauses

Consent to Subsequent Financing. Each Purchaser, severally and not jointly with the other Purchasers, hereby consents to the Company issuing up to $8,000,000 principal amount (including $5,376,533 already issued) of the Debentures on the terms and conditions substantially similar to the terms and conditions described to Purchasers in the Original CWA (“Subsequent Financing”). Each Purchaser acknowledges that the terms and conditions of the Subsequent Financing may conflict with terms and conditions of the Purchase Agreement and other Transaction Documents and the Company’s obligations under the Purchase Agreement and other Transaction documents. Each Purchaser hereby waives any breach of the Purchase Agreement and other Transaction Documents that may occur by reason of the terms, conditions, rights, restrictions and covenants of the Subsequent Financing and the documents related to the Subsequent Financing (“Subsequent Financing Documents”) as of the date hereof. Each Purchaser consents to the Subsequent Financing for purposes of Section 10 of the Certificate of Designation and agrees that Section 4.13 (Participation in Future Financing) and Section 4.14 (Subsequent Equity Sales) of the Securities Purchase Agreement are specifically amended to enable the Company to sell up to $2,623,467 of additional Debentures without compliance with the terms set forth in those sections.
Sample 1
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Consent to Subsequent Financing. Each Purchaser, severally and not jointly with the other Purchasers, hereby consents to the Company consummating the issuance of up to $6,000,000 principal amount of 8% Secured Convertible Debentures and Warrants on the terms and conditions set forth in a term sheet provided so the Purchasers which financing shall close concurrently with the effectiveness of this Agreement (“Subsequent Financing”). Each Purchaser acknowledges that the terms and conditions of the Subsequent Financing may conflict with terms and conditions of the Purchase Agreement and other Transaction Documents and the Company’s obligations under the Purchase Agreement and other Transaction documents. Each Purchaser hereby waives any breach of the Purchase Agreement and other Transaction Documents that may occur by reason of the terms, conditions, rights, restrictions and covenants of the Subsequent Financing and the documents related to the Subsequent Financing (“Subsequent Financing Documents”) as of the date hereof.
Sample 1

Related to Consent to Subsequent Financing

  • Amendment to Subsection 9(m). Subsection 9(m)(i)(x) of the Credit Agreement is hereby amended by deleting such subsection in its entirety and substituting in lieu thereof the following:

  • Agreement to Subscribe 1.1. Purchase and Issuance of the Private Units.

  • Agreement to Subscribe Purchase Price (i) SELLER and BUYER are executing and delivering this Agreement in reliance upon the exemption from securities registration afforded by Rule 506 under Regulation D ("Regulation D") as promulgated by the United States Securities and Exchange Commission (the "Commission") under the Securities Act; and

  • Agreement to Subordinate The Company agrees, and each Holder by accepting a Note agrees, that the Indebtedness evidenced by the Notes is subordinated in right of payment, to the extent and in the manner provided in this Article 10, to the prior payment in full of all Senior Debt (whether outstanding on the date hereof or hereafter created, incurred, assumed or guaranteed), and that the subordination is for the benefit of the holders of Senior Debt.

  • Consent to Suit In the case of any dispute under or in connection with this Agreement, the Indemnitee may only bring suit against the Corporation in the Court of Chancery of the State of Delaware. The Indemnitee hereby consents to the exclusive jurisdiction and venue of the courts of the State of Delaware, and the Indemnitee hereby waives any claim the Indemnitee may have at any time as to forum non conveniens with respect to such venue. The Corporation shall have the right to institute any legal action arising out of or relating to this Agreement in any court of competent jurisdiction. Any judgment entered against either of the parties in any proceeding hereunder may be entered and enforced by any court of competent jurisdiction.

  • Relation to Subordination Provisions Interest Drawings under the Liquidity Facilities and withdrawals from the Cash Collateral Accounts, in each case, in respect of interest on the Certificates of any Class, will be distributed to the Trustee for such Class of Certificates, notwithstanding Sections 2.01(b) and 3.02.

  • Applicability of Article; Agreement to Subordinate The provisions of this Article XII shall be applicable to the Debt Securities of any series (Debt Securities of such series referred to in this Article XII as "Subordinated Debt Securities") designated, pursuant to Section 2.03, as subordinated to Senior Indebtedness. Each Holder by accepting a Subordinated Debt Security agrees that the Indebtedness evidenced by such Subordinated Debt Security is subordinated in right of payment, to the extent and in the manner provided in this Article XII, to the prior payment of all Senior Indebtedness and that the subordination is for the benefit of and enforceable by the holders of Senior Indebtedness. All provisions of this Article XII shall be subject to Section 12.12.

  • Conditions to Each Party’s Obligation to Effect the Closing The respective obligation of each party to effect the Closing shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions:

  • Amendment to Schedule The Grantor authorizes the Collateral Agent to modify this Agreement and the Assignments of Patents, without the necessity of such Grantor’s further approval or signature, by amending Schedule A hereto and the Annex to each Assignment of Patents to include any future or other Patents or Patent Licenses that become part of the Patent Collateral under Section 2 or Section 3.1.

  • Notification to Subsequent Employer When the Executive’s employment with the Company terminates, the Executive agrees to notify any subsequent employer of the restrictive covenants sections contained in this Agreement. The Executive will also deliver a copy of such notice to the Company before the Executive commences employment with any subsequent employer. In addition, the Executive authorizes the Company to provide a copy of the restrictive covenants sections of this Agreement to third parties, including but not limited to, the Executive’s subsequent, anticipated, or possible future employer.

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