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 218 contracts
Samples: Business Combination Agreement (Banyan Acquisition Corp), Business Combination Agreement (Banyan Acquisition Corp), Stockholders Agreement (Outset Medical, 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.
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 75 contracts
Samples: Revolving Credit Agreement (American Tower Corp /Ma/), Term Loan Agreement (American Tower Corp /Ma/), 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 (Ares Management LLC), 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 Inventory (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 16 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 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: Partnership Agreement (Verizon Wireless Capital LLC), Note Purchase Agreement (Unified Western Grocers Inc), Note Purchase Agreement (Friedmans 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 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 (U S Aggregates Inc), Warrant Agreement (Suprema Specialties Inc), Securities Purchase Agreement (Able Telcom Holding Corp)
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: Loan Agreement, Modification 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 (Knoll 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: Inventory Loan and Security Agreement (Diamond Resorts Parent, LLC), Contract (Diamond Resorts Parent, LLC), Loan and Security Agreement (Equivest Finance 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 10 contracts
Samples: Forward Stock Purchase Agreement (PACIFIC GAS & ELECTRIC Co), Subscription Agreement, 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.), Five Year Credit Agreement (Jp Foodservice Inc), Securities Purchase Agreement (Flotek Industries Inc/Cn/)
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.), Credit Agreement (EnergySolutions, Inc.), Credit Agreement (EnergySolutions, 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: Preferred Stock Purchase Agreement (Environmental Tectonics Corp), Debenture Purchase Agreement (Aqua Care Systems Inc /De/), Debenture Purchase Agreement (Cover All Technologies 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 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: Stock Restriction Agreement (Etinuum Inc), Stock Restriction Agreement (Etinuum Inc), Employee Stock Restriction Agreement (Etinuum 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 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 (Strong Technical Inc), Registration Rights Agreement (Zhongpin Inc.), Registration Rights Agreement (Axiom Pharmaceuticals 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 (Huttig Building Products Inc), 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, 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), Purchase Agreement (Southwest Water Co)
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 5 contracts
Samples: Securities Purchase Agreement (Rice Energy Inc.), Agreement (Eclipse Resources Corp), Employment Agreement (Sun River 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, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.
Appears in 5 contracts
Samples: Registration Rights Agreement (Retractable Technologies Inc), Registration Rights 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: Stock Pledge Agreement (Evergreen Media Corp), Parent Loan Agreement (American Tower Corp /Ma/), Loan Agreement (American Tower Corp /Ma/)
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 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 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 Agreement (Ponder Industries Inc), Securities Purchase and Exchange Agreement (Ponder Industries Inc), Securities Purchase Agreement (White Owl Capital Partners)
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 (Solpower Corp), Note Agreement (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 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 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 Forbearance Agreement (National Consumer Cooperative Bank /Dc/), Noteholder Amendment Agreement (Butler Manufacturing Co), 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 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 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: Plan and Agreement of Merger (Superior Consultant Holdings Corp), Plan and Agreement of Merger (Superior Consultant Holdings Corp), Plan and Agreement of Merger (Metzler Group Inc)
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: Loan Agreement (Gexa Corp), Note Agreement (Acr Group Inc), Loan Agreement (Arabian American Development 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: Purchase Agreement, Bond Purchase Agreement (Yankee Energy System Inc), Bond Purchase Agreement (Northeast Utilities System)
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: Share Purchase and Investor Rights Agreement (Alibaba Group Holding LTD), Convertible Preference Share Purchase Agreement (Alibaba Group Holding LTD), Convertible Preference Share Purchase Agreement (Alibaba Group Holding LTD)
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 (Noble Drilling Corp), Trust Indenture and Security Agreement (R&b Falcon 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 ---------------------- 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 (Prosofttraining Com), Registration Rights Agreement (Prosoft I Net Solutions 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, directly or indirectly, through one or more intermediaries.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Transport Corporation of America Inc), Stock Purchase Agreement (Aasche Transportation Services 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 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 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 (Alternative Resources Corp), Securities Purchase Agreement (Wynnchurch Capital Partners Lp)
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 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 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: Guaranty Agreement (Universal Forest Products Inc), Guaranty Agreement (Universal Forest Products 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 2 contracts
Samples: Shareholders Agreement (Renaissancere Holdings LTD), Eagle Family Foods 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 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.SECTION 9.
Appears in 1 contract
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 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 the action in question is taken directly or indirectly by such Person.
Appears in 1 contract
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
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: Carter Wallace 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, 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 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 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
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 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 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
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
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 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. 160
Appears in 1 contract
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
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: U S Rentals 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.. [signature page follows]
Appears in 1 contract
Samples: Securities Purchase Agreement (Ribozyme Pharmaceuticals 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. SECTION 9.
Appears in 1 contract
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 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
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.
Appears in 1 contract
Samples: World Acceptance Corporation (World Acceptance Corp)
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
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 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 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. 9 15 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: General Loan and Security Agreement (Mego Financial Corp)
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. 170
Appears in 1 contract
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
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
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 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, taking such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.
Appears in 1 contract
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 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
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
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.
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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.
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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 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
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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.
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Samples: Loan and Security Agreement (Litchfield Financial Corp /Ma)
