Covenants of the Company and the Investors. (a) The Company agrees to use its best efforts to ensure that the rights granted hereunder are effective and that the parties hereto enjoy the benefits thereof. Such actions include, without limitation, the use of the Company’s best efforts to cause the nomination and election of the directors as provided above. The Company will not, by any voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all of the provisions of this Agreement and in the taking of all such actions as may be necessary, appropriate or reasonably requested by the holders of a majority of the outstanding voting securities held by the parties hereto, assuming conversion of all outstanding preferred securities in order to protect the rights of the parties hereunder against impairment.
Covenants of the Company and the Investors. 4.1 The Company agrees with each Investor that it will:
Covenants of the Company and the Investors. 6.1 LOCK-UP AGREEMENT. Each Investor shall execute and deliver to the Company the same lock-up agreement with the Underwriters that all of the shareholders of the Company have executed and delivered in connection with the IPO in the form attached as Exhibit B; provided, however, that the lock-up period shall not exceed 180 days.
Covenants of the Company and the Investors. 2.1 Accounting;
Covenants of the Company and the Investors. 4.1. The Company agrees with the Investors that the Company will:
Covenants of the Company and the Investors. The Company agrees for the benefit of the Investors that it shall comply with the covenants set forth in Sections 3.1, 3.2 and 3.3 and each of the Investors agrees for the benefit of the Company that it shall comply with the covenants set forth in Section 3.4, provided that all covenants set forth in this Section 3 shall terminate as of the closing of the earlier of (i) the Company's Initial Public Offering with an aggregate offering price of at least $25,000,000 and (ii) the acquisition of the Company by another entity by means of any transaction or series of related transactions (including, without limitation, any reorganization, merger or consolidation) that results in the transfer of fifty percent (50%) or more of the outstanding voting power of the Company, or a sale of all or substantially all of the assets of the Company.
Covenants of the Company and the Investors
