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 SRP. The XXX Facilities will not be subject to or deemed to be collateral under any such agreements of SRP.
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. (a) During the period beginning on the Closing Date and ending on the date which is six (6) 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 to the extent of any Registration Suspension (as defined in the Registration Rights Agreement) that may occur during such period) and during any Registration Suspension (each such period, the "Financing Restriction Period "), the Company shall not, and shall cause each of its direct and indirect subsidiaries not to, issue or agree to issue (except (i) to Purchaser pursuant to this Agreement, (ii) pursuant to any stock option, stock purchase or restricted stock plan of the Company covering employees, consultants and/or non-employee directors (and any amendment thereof or any award thereunder, provided any such amendment does not reduce any exercise price to an amount below $5.00 per share), so long as the issuance of such stock or option (other than to non-employee directors) is approved by a committee of independent directors of the Company, (iii) pursuant to strategic investments from industry participants, the primary purpose of each of which is not to raise equity capital, (iv) in a private placement led by Xxxxxxx Xxxxx Barney or a comparable nationally recognized investment banking firm with net proceeds to the Company exceeding $10 million, (v) in a firm commitment underwritten public offering, where the net proceeds to the Company exceed $25 million, (vi) upon the exercise of options and warrants (x) outstanding as of the date hereof and disclosed on Schedule 3.3 or (y) issued in a transaction contemplated by clauses (iii), (iv) and (v) of this Section 4.5(a), (vii) as consideration in connection with an acquisition by the Company of any business or assets, regarding which the Company has obtained a fairness opinion from a nationally recognized investment banking firm or regarding which an appropriate officer of the Company has certified to Purchaser that the board of directors of the Company has determined in its reasonable business judgment that the Company has received in such transaction the fair value for the shares issued therefor, (viii) as consideration for services provided to the Company, (I) the issuances of which have been committed by the Company prior to the Closing Date and such commitments have been disclosed to Purchaser in the schedules...
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. The Company cannot, without the prior approval in writing from Subscriber, obtain convertible debt or equity financing for a period of sixty (60) days following the Closing Date.
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. This Agreement does not violate any terms, covenants, conditions, or restrictions in any mortgages, bonds, and other indentures of Provo. Resources and Capacity. Provo possesses or will possess, before and continuing at all times after Service Provider begins using the Network, sufficient financial, managerial, and technical capacity and resources to perform its obligations under the terms of this Agreement.
