Common use of Financing Proceeds Clause in Contracts

Financing Proceeds. The Company covenants that the proceeds from the issuance of the Note are to be used for the purposes set forth on Exhibit E. Any diversion or use of the proceeds other than as set forth on Exhibit E without the prior written consent of the Holder shall constitute a covenant violation ("Covenant Violation"). Upon any such Covenant Violation, the Company shall immediately repay to the Holder the entire amount of the principal amount of the Note, including any costs and expenses incurred by the Holder in enforcing its rights in connection with such Covenant Violation. Nothing contained in this Section shall be construed to restrict or limit in any way the Holder's right to seek any remedy it deems advisable against the Company for any damages, costs, expenses or losses it may sustain or to bring an action against the Company in connection with such Covenant Violation. The Company will notify the Holder orally and in writing immediately upon the occurrence of such Covenant Violation.

Appears in 2 contracts

Samples: Subordinated Promissory Note (Clearview Cinema Group Inc), Subordinated Promissory Note (Clearview Cinema Group Inc)

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Financing Proceeds. The Company covenants that the proceeds from the issuance sale of the Note Shares are to be used for the purposes set forth on Exhibit E. 7. Any diversion or use of the proceeds other than as set forth on Exhibit E 7 without the prior written consent of the Holder Investor shall constitute a covenant violation ("Covenant Violation"). Upon any such Covenant Violation, the Company shall immediately repay to the Holder Investor the entire amount of the principal amount purchase price of the NoteShares, including any costs and expenses incurred by the Holder Investor in enforcing its rights in connection with such Covenant Violation. Nothing contained in this Section shall be construed to restrict or limit in any way the HolderInvestor's right to seek any remedy it deems advisable against the Company for any damages, costs, expenses or losses it may sustain or to bring an action against the Company in connection with such Covenant Violation. The Company will notify the Holder Investor orally and in writing immediately upon the occurrence of such Covenant Violation.

Appears in 1 contract

Samples: Investment and Stockholders Agreement (Clearview Cinema Group Inc)

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Financing Proceeds. The Company covenants that the proceeds from the issuance of the Note are to be used for the purposes set forth on Exhibit E. Any diversion or of use of the proceeds other than as set forth on Exhibit E without the prior written consent of the Holder shall constitute a covenant violation ("Covenant Violation"). Upon any such Covenant Violation, the Company shall immediately repay to the Holder the entire amount of the principal amount of the Note, including any costs and expenses incurred by the Holder in enforcing its rights in connection with such Covenant Violation. Nothing contained in this Section shall be construed to restrict or limit in any way the Holder's right to seek any remedy it deems advisable against the Company for any damages, costs, expenses or losses it may sustain or to bring an action against the Company in connection with such Covenant Violation. The Company will notify the Holder orally and in writing immediately upon the occurrence of such Covenant Violation.

Appears in 1 contract

Samples: Subordinated Promissory Note (Clearview Cinema Group Inc)

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