Common use of Effectiveness of Covenants Clause in Contracts

Effectiveness of Covenants. Following the occurrence of a Fundamental Change described in clause (a) or (b) of the definition thereof or at such time as less than $5,000,000 aggregate principal amount of the Notes remain outstanding, the covenants set forth in Sections 4.10 and 4.11, shall cease to apply to the Company and its Subsidiaries.

Effectiveness of Covenants. Following the occurrence of a Fundamental Change described in clause (a) or (b) of the definition thereof or at such time as less than $5,000,000 10,000,000 aggregate principal amount of the Notes remain outstanding, the covenants set forth in Sections 4.10 4.09, 4.10, 4.12, 4.13, 11.01(c), 11.02, 17.01(c), 17.01(d), 17.03, 17.04 and 4.1117.09, and the provisions of Section 11.01(a) that relate to the Collateral, shall cease to apply to the Company and its Subsidiaries.

Effectiveness of Covenants. Following the occurrence of a Fundamental Change described in clause (a) or (b) of the definition thereof or at such time as less than $5,000,000 25% of the initial aggregate principal amount of the Notes (including Notes, if any, issued pursuant to the exercise of the Underwriters’ option to purchase additional Notes granted under the Underwriting Agreement) remain outstandingOutstanding, the covenants set forth in Sections 4.10 and 4.11Section 4.09, shall cease to apply to the Company and its Subsidiaries.