Covenant Regarding Fundamental Changes Clause Samples

Covenant Regarding Fundamental Changes. Parent shall not voluntarily take any action, or voluntarily engage in any transaction, that would result in a Fundamental Change (as defined in the Certificate of Designations) unless the Company and Parent, together, have sufficient funds legally available to fully pay, or another Person has committed in writing to fully pay (on behalf of the Company and Parent), the maximum aggregate Fundamental Change Repurchase Price (as defined in the Certificate of Designations) that would be payable in respect of such Fundamental Change on all shares of Series A Preferred Stock then outstanding.