Common use of Directly or Indirectly Clause in Contracts

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 219 contracts

Samples: Registration Rights Agreement (Old Glory Holding Co), Business Combination Agreement (Banyan Acquisition Corp), Business Combination Agreement (Banyan Acquisition Corp)

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Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 112 contracts

Samples: Note Purchase and Private Shelf Agreement (Tractor Supply Co /De/), Note Purchase and Private Shelf Agreement (Old Dominion Freight Line, Inc.), Note Purchase and Private Shelf Agreement (Tractor Supply Co /De/)

Directly or Indirectly. Where If any provision in this Agreement refers to any action taken or to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, whether or not expressly specified in such provision.

Appears in 77 contracts

Samples: Credit Agreement (Gray Television Inc), Credit Agreement (Gray Television Inc), Revolving Credit Agreement (American Tower Corp /Ma/)

Directly or Indirectly. Where any provision in this Agreement herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 30 contracts

Samples: Warrant Agreement (Trinity Place Holdings Inc.), Warrant Agreement (BioScrip, Inc.), Warrant Agreement (Ares Management LLC)

Directly or Indirectly. Where any provision in this the Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 18 contracts

Samples: Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 17 contracts

Samples: Inventory Loan and Security Agreement (Diamond Resorts Corp), Inventory Loan and Security Agreement (Diamond Resorts Corp), Inventory Loan and Security Agreement (Silverleaf Resorts Inc)

Directly or Indirectly. Where any provision in this Agreement herein refers to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 16 contracts

Samples: Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action actions to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 15 contracts

Samples: Note Agreement (Gorman Rupp Co), Private Shelf Agreement (Winmark Corp), Note Purchase and Private Shelf Agreement (Centerspace)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson.

Appears in 15 contracts

Samples: Limited Liability Company Operating Agreement (Oak Street Health, Inc.), Limited Liability Company Operating Agreement (Oak Street Health, Inc.), Limited Liability Company Agreement (Iridium Communications Inc.)

Directly or Indirectly. Where any Any provision in this Agreement refers referring to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 13 contracts

Samples: Note Purchase Agreement (Unified Western Grocers Inc), u.s. Wireless Alliance Agreement (Verizon Wireless Capital LLC), Asset Purchase Agreement (Powertel Inc /De/)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any Affiliate of such Person.

Appears in 13 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement, Stockholders’ Agreement (Firstsun Capital Bancorp)

Directly or Indirectly. Where any provision in this Agreement refers to any action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 12 contracts

Samples: Warrant Agreement (Usi Holdings Corp), Warrant Agreement (Marketing Specialists Corp), Registration Rights and Stockholders' Agreement (U S Aggregates Inc)

Directly or Indirectly. Where When any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such where the action in question is taken directly or indirectly by such Personindirectly.

Appears in 12 contracts

Samples: Quarterly Report, Loan Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc)

Directly or Indirectly. Where any provision in this Agreement ---------------------- refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 11 contracts

Samples: Stockholders Agreement (Eagle Family Foods Inc), Stockholders Agreement (Knoll Inc), Securities Purchase Agreement (Scottish Annuity & Life Holdings LTD)

Directly or Indirectly. Where any provision in this the Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable applicable, whether such action is taken directly or indirectly by such Person.

Appears in 11 contracts

Samples: Receivables Loan and Security Agreement (Diamond Resorts Parent, LLC), Loan and Security Agreement (Diamond Resorts Parent, LLC), Receivables Loan and Security Agreement (Silverleaf Resorts Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall will be applicable whether such action is taken directly or indirectly by such Person.

Appears in 11 contracts

Samples: Limited Liability Company Operating Agreement, Forward Stock Purchase Agreement (PACIFIC GAS & ELECTRIC Co), Subscription Agreement

Directly or Indirectly. Where any provision in of this Agreement refers to action actions to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 9 contracts

Samples: Note Purchase Agreement (Hologram USA Networks Inc.), Note Purchase Agreement (Hutchinson Technology Inc), Note Purchase Agreement (Hutchinson Technology Inc)

Directly or Indirectly. Where If any provision in this Agreement refers to any action taken or to be taken by any Person, Person or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, whether or not expressly specified in such provision.

Appears in 8 contracts

Samples: Credit Agreement (EnergySolutions, Inc.), Second Lien Credit Agreement (EnergySolutions, Inc.), Amendment Agreement (EnergySolutions, Inc.)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Personperson, including actions taken by or on behalf of any Affiliate of such person.

Appears in 8 contracts

Samples: Employment Agreement (Rapid Therapeutic Science Laboratories, Inc.), Employment Agreement (Rapid Therapeutic Science Laboratories, Inc.), Securities Purchase Agreement (Rice Energy Inc.)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, taking such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 7 contracts

Samples: Debenture Purchase Agreement (Teltronics Inc), Preferred Stock Purchase Agreement (Environmental Tectonics Corp), Debenture Purchase Agreement (Altris Software Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which that such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 7 contracts

Samples: Demand Line of Credit Agreement (Artesian Resources Corp), Term Loan Credit Agreement (Chesapeake Utilities Corp), Term Loan Credit Agreement (Chesapeake Utilities Corp)

Directly or Indirectly. Where any provision in this Agreement refers ---------------------- to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson.

Appears in 7 contracts

Samples: Employment Agreement (Etinuum Inc), Employment Agreement (Etinuum Inc), Employment Agreement (Etinuum Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such PersonPerson including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 7 contracts

Samples: Note Purchase Agreement (System Energy Resources Inc), Note Purchase Agreement (System Energy Resources Inc), Note Purchase Agreement (System Energy Resources Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken or not to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 6 contracts

Samples: Credit Agreement (Computer Task Group Inc), Credit Agreement (Act Manufacturing Inc), Credit and Security Agreement (Option Care Inc/De)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall will be applicable whether such action is taken directly or indirectly by such Personperson.

Appears in 6 contracts

Samples: Registration Rights Agreement (Axiom Pharmaceuticals Inc), Securities Purchase Agreement (Zhongpin Inc.), Registration Rights Agreement (Zhongpin Inc.)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by by, or prohibited to be taken by, any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 6 contracts

Samples: Note Purchase Agreement (E Loan Inc), Securities Purchase Agreement (Ribozyme Pharmaceuticals Inc), Registration Rights Agreement (Positron Corp)

Directly or Indirectly. Where any Any provision in of this Agreement which refers to an action to which may be taken by any Person, or which such a Person is prohibited from taking, such provision shall be applicable whether include any such action is taken directly or indirectly by or on behalf of such Person, including by or on behalf of any Affiliate, partner or agent of such Person.

Appears in 5 contracts

Samples: Operating Agreement (Pacific Entertainment Corp), Operating Agreement (Sports Entertainment Enterprises Inc), Limited Liability Company Operating Agreement (FX Real Estate & Entertainment Inc.)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall will be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 5 contracts

Samples: Bond Purchase Agreement (Southwest Water Co), Bond Purchase Agreement (Southwest Water Co), Bond Purchase Agreement (Southwest Water Co)

Directly or Indirectly. Where any provision in this Agreement ---------------------- refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 5 contracts

Samples: National Marketing and Distribution Agreement (Retractable Technologies Inc), National Marketing and Distribution Agreement (Retractable Technologies Inc), Securities Purchase Agreement (Online System Services Inc)

Directly or Indirectly. Where If any provision in this Agreement ---------------------- refers to any action taken or to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, whether or not expressly specified in such provision.

Appears in 5 contracts

Samples: Parent Loan Agreement (American Tower Corp /Ma/), Loan Agreement (Evergreen Media Corp), Loan Agreement (American Tower Corp /Ma/)

Directly or Indirectly. Where any provision in of this Agreement refers to action actions to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson.

Appears in 4 contracts

Samples: Securities Purchase and Exchange Agreement (White Owl Investors LLC), Securities Purchase Agreement (White Owl Capital Partners), Securities Purchase Agreement (Ponder Industries Inc)

Directly or Indirectly. Where any provision in this Agreement herein refers to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including, without limitation, actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 4 contracts

Samples: Note Purchase Agreement (Smith & Nephew PLC), Guaranty Agreement (WLR Foods Inc), Note and Stock Purchase Agreement (Niagara Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson or entity, or which such Person person or entity is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson or entity.

Appears in 4 contracts

Samples: Securities Purchase Agreement (On Technology Corp), Asset Purchase Agreement (Guardian International Inc), Securities Purchase Agreement (Insignia Solutions PLC)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any Affiliate of such Person.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Athlon Energy Inc.), Limited Partnership Agreement (Athlon Energy Inc.), Limited Partnership Agreement (Carlyle Group L.P.)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person or any Subsidiary or agent of such Person or otherwise at the request, direction or for the benefit of such Person.

Appears in 4 contracts

Samples: Note Agreement (Soy Environmental Products Inc), Private Placement Memorandum (Soy Environmental Products Inc), Note Agreement (Solpower Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson or entity, or which that such Person person or entity is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson or entity.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Encore Capital Group Inc), Securities Purchase Agreement (Encore Capital Group Inc), Securities Purchase Agreement (Pioneer Drilling Co)

Directly or Indirectly. Where any Any provision in this Agreement refers referring to action to be taken by that any Person, or which such Person is prohibited from taking, such provision taking shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 3 contracts

Samples: Bond Purchase Agreement, Bond Purchase Agreement (Yankee Energy System Inc), Bond Purchase Agreement (Northeast Utilities System)

Directly or Indirectly. Where any provision in this Agreement Indenture refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 3 contracts

Samples: Trust Indenture and Security Agreement (Noble Drilling Corp), Trust Indenture and Security Agreement (R&b Falcon Corp), Trust Indenture and Security Agreement (Noble Drilling Corp)

Directly or Indirectly. Where any Any provision in of this Agreement which refers ---------------------- to an action to which may be taken by any Person, or which such a Person is prohibited from taking, such provision shall be applicable whether include any such action is taken directly or indirectly by or on behalf of such Person, including by or on behalf of any Affiliate or agent of such Person.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Craig Corp), Limited Liability Company Agreement (Craig Corp), Limited Liability Company Agreement (Reading Entertainment Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 3 contracts

Samples: Convertible Preference Share Purchase Agreement (Alibaba Group Holding LTD), Convertible Preference Share Purchase Agreement (Alibaba Group Holding LTD), Share Purchase and Investor Rights Agreement (Alibaba Group Holding LTD)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which where such Person is prohibited from takingtaking such action, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 3 contracts

Samples: Note Agreement (Acr Group Inc), Loan Agreement (Gexa Corp), Loan Agreement (Arabian American Development Co)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership or limited liability company in which such Person is a general partner or managing member, as applicable.

Appears in 3 contracts

Samples: Noteholder Amendment Agreement (Butler Manufacturing Co), Noteholder Forbearance Agreement (National Consumer Cooperative Bank /Dc/), Noteholder Forbearance Agreement (National Consumer Cooperative Bank /Dc/)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.. * * * * *

Appears in 3 contracts

Samples: Merger Agreement (Superior Consultant Holdings Corp), Merger Agreement (Metzler Group Inc), Merger Agreement (Superior Consultant Holdings Corp)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 2 contracts

Samples: Note Purchase Agreement (Crown Pacific Partners L P), Note Purchase Agreement (Crown Pacific Partners L P)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person. .

Appears in 2 contracts

Samples: Note Agreement (Carter Wallace Inc /De/), Note Agreement (World Acceptance Corp)

Directly or Indirectly. Where any provision in this Agreement refers to ---------------------- action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 2 contracts

Samples: Subscription Agreement (Eagle Family Foods Inc), Shareholders Agreement (Renaissancere Holdings LTD)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.person. # # #

Appears in 2 contracts

Samples: Securities Purchase Agreement (Wynnchurch Capital Partners Lp), Securities Purchase Agreement (Alternative Resources Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person, directly or indirectly, through one or more intermediaries.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Aasche Transportation Services Inc), Merger Agreement (Transport Corporation of America Inc)

Directly or Indirectly. Where any provision in this Agreement herein refers to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any limited liability company or partnership in which such Person is a member or general partner, respectively.

Appears in 2 contracts

Samples: Loan Agreement (GTJ REIT, Inc.), Loan Agreement (Pope Resources LTD Partnership)

Directly or Indirectly. Where any provision in this Agreement refers ---------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Odetics Inc), Registration Rights Agreement (Prosoft I Net Solutions Inc)

Directly or Indirectly. Where any provision in this Participation Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 2 contracts

Samples: Participation Agreement (Old Dominion Electric Cooperative), Participation Agreement (Old Dominion Electric Cooperative)

Directly or Indirectly. Where any provision in this Agreement refers ---------------------- refer to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 2 contracts

Samples: Registration Rights Agreement (Prosoft I Net Solutions Inc), Registration Rights Agreement (Prosofttraining Com)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.. -42-

Appears in 2 contracts

Samples: Note Agreement (Universal Forest Products Inc), Note Agreement (Universal Forest Products Inc)

Directly or Indirectly. Where any Any provision in this Agreement refers referring ---------------------- to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Crown Castle International Corp), Formation Agreement (Crown Castle International Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.. [The rest of this page is intentionally left blank – Signature page follows]

Appears in 2 contracts

Samples: Asset Sale and Purchase Agreement (GTJ REIT, Inc.), Asset Sale and Purchase Agreement (GTJ REIT, Inc.)

Directly or Indirectly. Where any provision in this Agreement ---------------------- refers to action to be taken or not to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Credit Agreement (Act Manufacturing Inc)

Directly or Indirectly. Where any provision in this ---------------------- Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, taking such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Clinicor Inc)

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Directly or Indirectly. Where any Any provision in iN this Agreement refers referring to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Note Purchase Agreement (Pioneer Standard Electronics Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson or entity, or which such Person person or entity is prohibited from taking, such provision provi sion shall be applicable whether such the action in question is taken directly or indirectly by such Person.person or entity. * * * * *

Appears in 1 contract

Samples: Asset Purchase Agreement (Republic Industries Inc)

Directly or Indirectly. Where When any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Shareholders Agreement (Brightpoint Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from takingtaking such action, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Note Purchase Agreement (Value Partners LTD /Tx/)

Directly or Indirectly. Where any provision in this Agreement (including any Supplement) refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Directly or Indirectly. Where any provision in this Agreement refers refer ---------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Registration Rights Agreement (Prosofttraining Com)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson or entity, or which that such Person person or entity is prohibited from takingtaking action, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson or entity.

Appears in 1 contract

Samples: Securities Purchase Agreement (Encore Capital Group Inc)

Directly or Indirectly. Where any Any provision in this Agreement refers referring to ---------------------- action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: u.s. Wireless Alliance Agreement (Bell Atlantic Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.. .C.

Appears in 1 contract

Samples: Note Agreement (World Acceptance Corp)

Directly or Indirectly. Where any provision in this Agreement refers ----------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Mego Financial Corp)

Directly or Indirectly. Where any provision in this ----------------------------------- Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Note Agreement (U S Rentals Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.prohibited

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person. SECTION 9. MISCELLANEOUSSECTION 9.

Appears in 1 contract

Samples: Note Agreement (PLM Equipment Growth Fund)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by by, or prohibited to be taken by, any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.. [signature page follows]

Appears in 1 contract

Samples: Securities Purchase Agreement (Ribozyme Pharmaceuticals Inc)

Directly or Indirectly. Where any Any provision in this Agreement refers referring to action to be taken by which any Person, or which such Person is prohibited from taking, such provision taking shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Bond Purchase Agreement (Yankee Energy System Inc)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken taken, directly or indirectly by such Person, including actions taken by or on behalf of any Affiliate of such Person.

Appears in 1 contract

Samples: Equity Capital Contribution Agreement (Bloom Energy Corp)

Directly or Indirectly. Where any provision in this the Agreement refers ---------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Mego Financial Corp)

Directly or Indirectly. Where any provision in this Agreement refers ---------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Registration Rights Agreement (Coolsavings Com Inc)

Directly or Indirectly. Where any provision in this Agreement herein refers to action to ---------------------- be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 1 contract

Samples: Registration Rights Agreement (Coliseum Capital Management, LLC)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person., directly or indirectly, through one or more intermediaries. * * * * *

Appears in 1 contract

Samples: Stock Purchase Agreement (Superior Consultant Holdings Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, taking such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson.

Appears in 1 contract

Samples: Loan Agreement (Bikers Dream Inc)

Directly or Indirectly. Where any Any provision in of this Agreement which refers to an action to which many be taken by any Person, or which such a Person is prohibited from taking, such provision shall be applicable whether include any such action is taken directly or indirectly by or on behalf of such Person, including by or on behalf of any Affiliate or agent of such Person.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Caminus Corp)

Directly or Indirectly. Where any provision in this Agreement ------------------------------------ refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Assumption Agreement (Bei Technologies Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which that such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.. WCSR 39139774v4

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Utilities Corp)

Directly or Indirectly. Where any Any provision in this Agreement refers referring ----------------------- to action to be taken by any Person, or which that such Person is if prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Litchfield Financial Corp /Ma)

Directly or Indirectly. Where any provision in this Agreement refers to an action to be taken by any Person, or an action which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Alliance Agreement (Board of Trade of the City of Chicago Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action actions to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action is in question in taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Twin Disc Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person; provided that, in the case of indirect action, such action is, in fact, taken at the direction of such Person.

Appears in 1 contract

Samples: Note Agreement (Semco Energy Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Personperson.

Appears in 1 contract

Samples: Shareholder Rights Agreement (Yellowbrix Inc)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Person, or which such provision prohibits any Person is prohibited from takingtaking certain action, such provision shall be applicable whether such action is to be taken or is not to be taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Funding Agreement

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 1 contract

Samples: Note Agreement (Rohr Inc)

Directly or Indirectly. Where any provision in this Agreement refers ---------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Signature Resorts Inc)

Directly or Indirectly. Where any provision in this Agreement refers to any action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Holders Agreement (Ev3 Inc.)

Directly or Indirectly. Where any provision in this Agreement refers to an action to be taken by any Person, or which to an action that such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Access Worldwide Communications Inc)

Directly or Indirectly. Where any provision in this Agreement refers to any action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person, directly or indirectly, through one or more intermediaries.

Appears in 1 contract

Samples: Share Purchase Agreement (Timeline Inc)

Directly or Indirectly. Where any Any provision in this Agreement refers ---------------------- referring to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Stock Purchase Agreement (Cdnow Inc)

Directly or Indirectly. Where any provision in this Agreement refers to an action to be taken by any Person, or to an action which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Samples: Note Purchase Agreement (Pentair Inc)

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