GOVERNANCE; OTHER COVENANTS. Section 3.1. Board of Directors 10 Section 3.2. Corporate Opportunities 13 Section 3.3. NASDAQ Listing of Warrant Shares 13 Section 3.4. Public Disclosure 13 Section 3.5. Acquisition of Common Stock 13 ARTICLE IV
GOVERNANCE; OTHER COVENANTS Sample Clauses
Related to GOVERNANCE; OTHER COVENANTS
Other Covenants (Section 5.1): Borrower shall at all times comply with all of the following additional covenants:
Certain Other Covenants The Company covenants that all shares of Common Stock that may be issued upon conversion of Notes shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any tax, lien or charge (other than those created by the Holder or due to a change in registered owner). The Company shall list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
Breach of Other Covenants Any of the Loan Parties shall default in the observance or performance of any other covenant, condition or provision hereof or of any other Loan Document and such default shall continue unremedied for a period of ten (10) Business Days;
Further Covenants The Company hereby covenants and agrees that:
Other Covenants of the Parties The parties agree that, prior to the Closing:
Financial and Other Covenants Borrower shall at all times comply with the financial and other covenants set forth in the Schedule.
Further Covenants of the Company The Company hereby covenants and agrees that:
Director Covenants Director agrees that for a period of two (2) years from the Effective Time, Director shall not, directly or indirectly, individually or as an employee, partner, officer, director, promoter or shareholder or in any other capacity whatsoever, except in the performance of customary legal, accounting, insurance, or investment or investment management services as performed at the time of execution of the Agreement or of a similar nature:
Default in Performance of Other Covenants and Conditions Any Credit Party or any Subsidiary thereof shall default in the performance or observance of any term, covenant, condition or agreement contained in this Agreement (other than as specifically provided for in this Section) or any other Loan Document and such default shall continue for a period of thirty (30) days after the earlier of (i) the Administrative Agent’s delivery of written notice thereof to the Borrower and (ii) a Responsible Officer of the Borrower having obtained knowledge thereof.
Non-Performance of Other Covenants and Obligations Any Obligor shall default in the due performance and observance of any other agreement contained herein or in any other Loan Document executed by it, and such default shall continue unremedied for a period of 30 days after notice thereof shall have been given to WWI by the Administrative Agent at the direction of the Required Lenders.
