Exchange Limitations. There exists no reason whatsoever, including without limitation, by reason of the application of any so-called "currency exchange" laws or regulations (as in effect at the time of any proposed borrowing hereunder) which could reasonably be expected to interfere with any Borrower satisfying any of its Obligations hereunder in full at such time as such Obligations become due and payable pursuant to the terms hereof.
Exchange Limitations. There exists no reason whatsoever, including, without limitation, by reason of the application of any so-called "currency exchange" laws, rules or regulations (as in effect at the time of any proposed borrowings hereunder) which could reasonably be expected to interfere with the Borrower satisfying any of its Obligations in full at such time as such Obligations become due and payable pursuant to the terms hereof.
Exchange Limitations. The Holder may not exchange that amount of the Note on an Exchange Date into amounts of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Holder and its affiliates on such Exchange Date, and (ii) the number of shares of Common Stock issuable upon the exchange of the Note with respect to which the determination of this proviso is being made on such Exchange Date, which would result in beneficial ownership by the Holder and its affiliates of more than 9.99% of the outstanding shares of Common Stock of the Company. For the purposes of the proviso to the immediately preceding sentence, beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and Rule 13d-3 promulgated thereunder. The Holder may revoke the exchange limitation described in this Paragraph 3(a) upon 75 days prior notice to the Company. The Holder may allocate which of the equity of the Company deemed beneficially owned by the Holder shall be included in the 9.99% amount described above and which shall be allocated to the excess above 9.99%.
Exchange Limitations. 96 13. EVENTS OF DEFAULT; ACCELERATION; ETC. .........................................................96 13.1. Events of Default and Acceleration. ................................................96 13.2. Termination of Commitments. ........................................................100 13.3. Remedies. ..........................................................................100 13.4. Exchange Rate. .....................................................................101 13.5. Distribution of Collateral Proceeds. ...............................................101 14. SETOFF. .......................................................................................102 15. THE AGENT. ....................................................................................103 15.1. Authorization. .....................................................................103 15.2. Employees and Agents. ..............................................................104 15.3.
Exchange Limitations. 23 Section 4.10 Use of Proceeds...................................................................... 23 TABLE OF CONTENTS (CONTINUED)
Exchange Limitations. Without the prior written consent of the holders of Securities representing at least fifty percent (50%) of the then outstanding principal amount of the Securities, during the period commencing on the Issuance Date through the date that is 180 days thereafter, the Company shall not consummate any exchange transaction with its existing security holders in reliance upon the exemption from registration provided for in Section 3(a)(9) of the Securities Act or any other exchange of Common Stock for the Existing Debentures or the Existing Senior Subordinated Notes, provided that nothing in this Section 4.9 shall prohibit or limit the Company's ability to issue shares of Common Stock upon conversion of the Existing Debentures or the Existing Senior Subordinated Notes in accordance with their terms.
Exchange Limitations. 93 14.7. Conditions for AutoDiagnos Term Loan.............................93 14.7.1. GenRad Sweden: Incorporation; Good Standing............93 14.7.2. Election Request.......................................93 14.7.3.
Exchange Limitations. A. The Subscriber may not exchange that amount of the Note on an Exchange Date into amounts of Common Stock which would be in excess of the sum of (i) the number of shares of Common Stock beneficially owned by the Subscriber and its affiliates on such Exchange Date (other than shares of Common Stock which may be deemed beneficially owned through the ownership of the unconverted and unexchanged portion of the Note), and (ii) the number of shares of Common Stock issuable upon the exchange of the Note with respect to which the determination of this proviso is being made on such Exchange Date, which would result in beneficial ownership by the Subscriber and its affiliates of more than 4.99% of the outstanding shares of Common Stock of the Company. For the purposes of the proviso to the immediately preceding sentence, beneficial ownership shall be determined in accordance with Section 13(d) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and Rule 13d-3 promulgated thereunder. The Subscriber may revoke the exchange limitation described in this Paragraph 3(a) upon 75 days prior notice to the Company. The Subscriber may allocate which of the equity of the Company deemed beneficially owned by the Subscriber shall be included in the 4.99% amount described above and which shall be allocated to the excess above 4.99%.
Exchange Limitations. 69 11.7. Validity of Liens.............................................................................69 11.8. Financial Covenants...........................................................................69
Exchange Limitations
