Consent Under Senior Loan Agreement. The Purchaser shall have received executed copies of a consent under the Senior Loan Agreement pursuant to which the Senior Lender consents to this Amendment, which consent shall be in form and substance satisfactory to the Purchaser.
Consent Under Senior Loan Agreement. Pursuant to the terms of the Senior Loan Agreement, each of Petra and Piedmont hereby consents to the FAST Merger and the Series B Financing, including the Company's execution and delivery of the Merger Agreement, the Purchase Agreement and the transactions contemplated therein. Specifically, and with reference to the Merger Agreement and Purchase Agreement each of Petra and Piedmont (i) waives any prohibition contained in Section 4.17 of the Senior Loan Agreement against acquiring the business of or merging or consolidating with any other entity or acquiring or creating a subsidiary, (ii) waives any prohibition contained in Section 4.30 of the Senior Loan Agreement against issuing any shares of Common Stock or any securities convertible into shares of Common Stock, (iii) waives any prohibition contained in Section 4.19 of the Senior Loan Agreement against declaring a dividend of $3.15 per share on the Series A Preferred Stock of the Company in connection with the Series B Financing and (iv) acknowledges that this Agreement shall serve as adequate notice of the issuance of capital stock or instruments convertible into or exchangeable for shares of capital stock of the Company as required by Section 4.22 of the Senior Loan Agreement.
