Financing Restrictions. This Agreement does not violate any terms, covenants, conditions or restrictions in any mortgages, bonds or other indentures of Service Provider.
Financing Restrictions. This Agreement does not violate any ---------------------- terms, covenants, conditions or restrictions in any mortgages, bonds and other indentures of XXX, and the SRP Facilities will not be subject to or deemed to be collateral under any such agreements of XXX.
Financing Restrictions. This Agreement does not violate any terms, covenants, conditions or restrictions in any mortgages, bonds and other indentures of PG&E.
Financing Restrictions. This Agreement does not violate any terms, covenants, conditions or restrictions in any mortgages, bonds and other indentures of UTOPIA.
Financing Restrictions. This Agreement does not violate any terms, covenants, conditions or restrictions in any mortgages, bonds and other indentures of FOCAS.
Financing Restrictions. During the period beginning on the Closing ---------------------- Date and ending on the date which is three (3) months following the effective date of the registration statement contemplated by Section 2.1 of the Registration Rights Agreement (the "Effective Date") (provided, however, that -------------- such period shall be extended by the number of days equal to the number of days during which there is a Registration Suspension (as defined in the Registration Rights Agreement) during such period) (the "Financing Restriction Period", the ---------------------------- Company shall not, and shall cause its direct and indirect subsidiaries not to, issue or agree to issue any equity, equity-like or equity-linked securities of the Company or any security convertible into or exercisable or exchangeable, directly or indirectly, for equity, equity-like or equity-linked securities of the Company, other than Excluded Securities (any such securities, "Restricted ---------- Securities"). The term "Excluded Securities" means capital stock issued and ----------- ------------------- sold by the Company: (i) to the Purchaser pursuant to this Agreement and the Common Stock Warrant, including the Warrant Shares and the Conversion Shares, (ii) pursuant to any employee stock option, stock purchase or restricted stock plan of the Company, so long as the issuance of such stock or option is approved by a committee of independent directors of the Company, (iii) pursuant to strategic investments, the primary purpose of each of which is not to raise equity capital and provided that such strategic investors shall be prohibited from reselling their shares of the Company's capital stock during such Financing Restriction Period and further provided that if the Company requests a waiver of the reselling prohibition set forth in this subclause (iii) and demonstrates to the Purchaser that a potential strategic investor is unable to make a strategic investment in the Company as a consequence of such reselling prohibition, Purchaser will not unreasonably withhold its consent to the waiver of the reselling prohibition set forth in this subclause (iii) with respect to such strategic investment, (iv) in a firm commitment underwritten public offering, where the net proceeds to the Company exceed $15 million, (v) pursuant to warrants dated as of April 4, 2000 (the "Inroad Warrants") to purchase an --------------- aggregate of 325,000 shares of Common Stock issued in connection with the Company...
Financing Restrictions. This Agreement does not violate any terms, covenants, conditions or restrictions in any mortgages, bonds and other indentures of IPN.
Financing Restrictions. Xxxxxxx will comply with all restrictions relating to the disposition of cash contained in Section 5.05(d) of the Second Installment Sale Agreement of the 2016 Certificates of Participation (COPS) and contained in Section 5.5(d) of the Loan Agreement of the 2021 Revenue Bonds (Bonds).
Financing Restrictions. The Company cannot, without the prior approval in writing from Subscriber, obtain convertible debt or equity financing for a period of ninety (90) days following the effective date of this Agreement.
Financing Restrictions. (a) There are no other outstanding securities debt or equity presently convertible into Common Shares.
