Limitation on Certain Actions. From the date of execution and delivery of this Agreement by the parties hereto to the date of issuance of the Note, the Company (1) shall comply with Article III of the Note as if the Note were outstanding, (2) shall not take any action which, if the Note were outstanding, (A) would constitute an Event of Default or, with the giving of notice or the passage of time or both, would constitute an Event of Default or (B) would constitute a Repurchase Event or, with the giving of notice or the passage of time or both, would constitute a Repurchase Event.
Limitation on Certain Actions. Subject to Section 3.2, until the earlier of (a) the date on which all Credit Facility Indebtedness is Fully Paid, and (b) the first date following the date on which the Maximum Amount of Credit Facility Indebtedness is Fully Paid, the Trustee will not, without the prior written consent of the Credit Facility Secured Party, take any Enforcement Action.
Limitation on Certain Actions. From the date of execution and delivery of this Agreement by the parties hereto to the date of issuance of the Note, the Company (1) shall comply with Section 4 of the Note as if the Note were outstanding, (2) shall not take any action which, if the Note were outstanding, (A) would constitute an Event of Default or, with the giving of notice or the passage of time or both, would constitute an Event of Default or (B) would constitute a Repurchase Event or, with the giving of notice or the passage of time or both, would constitute a Repurchase Event.
Limitation on Certain Actions. From the date of execution and delivery of this Agreement by the parties hereto to the date of issuance of the Preferred Shares and the Warrant, the Company shall not take any action which, if the Preferred Shares were outstanding, would constitute an Optional Redemption Event, or with the giving of notice or the passage of time or both, would constitute an Optional Redemption Event.
Limitation on Certain Actions. From the date of execution and delivery of this Agreement by the parties hereto to the date of issuance of the Preferred Shares, the Company (1) shall comply with Sections 5 and 12 of the Certificate of Designations as if the Preferred Shares were outstanding, (2) shall not take any action which, if the Preferred Shares were outstanding, would constitute an Optional Redemption Event or, with the giving of notice or the passage of time or both, would constitute an Optional Redemption Event.
Limitation on Certain Actions. From the date of execution and delivery of this Agreement by the parties hereto to the date of issuance of the Note, the Company (1) shall comply with Article Five of the Supplemental Indenture as if the Supplemental Indenture had been executed and delivered by the Company and the Trustee and the Note were outstanding, (2) shall not take any action which, if the Note were outstanding, (A) would constitute an Event of Default or, with the giving of notice or the passage of time or both, would constitute an Event of Default or (B) would constitute a Repurchase Event or, with the giving of notice or the passage of time or both, would constitute a Repurchase Event.
Limitation on Certain Actions. Notwithstanding any other provision hereof, during any Standstill Period prior to the date that the Discharge of Loan Agreement Secured Obligations occurs, the Collateral Agent will not:
(a) commence receivership or foreclosure proceedings against Borrower, any Guarantor, or any Lender Priority Collateral;
(b) sell, collect, transfer or dispose of any Lender Priority Collateral or Proceeds; or
(c) notify third party account debtors to make payment directly to it or any of its agents or other Persons acting on its behalf.
Limitation on Certain Actions. Subject to Section 2.02, so long as any of the Senior Liabilities up to the amount of the Maximum Senior Indebtedness are not Fully Paid, the Subordinated Creditor will not, without the prior written consent of the Senior Creditor, take any of the following actions:
(a) commencement of any action, whether judicial or otherwise, for the enforcement of the Senior Creditor's rights and remedies as a secured creditor with respect to the Collateral including commencement of any receivership or foreclosure proceedings against or any other sale of, collection on, or disposition of any Collateral; or
(b) notifying any third party account debtors of the Borrower or its subsidiaries to make payment directly to it or any of its agents or other Persons acting on its behalf.
Limitation on Certain Actions. Subject to Section 2.02, so long as any of the Senior Liabilities are not Fully Paid, the Subordinated Creditor will not, without the consent of the Lender, take any of the following actions:
(a) commence receivership or foreclosure proceedings against or otherwise sell, collect or dispose of any Collateral; or
(b) notify third party account debtors to make payment directly to it or any of its agents or other Persons acting on its behalf.
Limitation on Certain Actions. (a) For a period of one year from ----------------------------- the Closing, the Company shall not offer or sell any Equity Securities (as defined below) at a price per share lower than the per Share Purchase Price or otherwise on terms more favorable to the purchaser thereof than those contained in the Agreements without the consent of the Required Investors, which consent shall not be unreasonably withheld; provided, however, that the restrictions in this sentence shall not apply to the issuance of an Equity Security to an officer, director, employee or consultant to the Company or any Subsidiary pursuant to any incentive or stock option plan of the Company approved by the Board of Directors or the shareholders of the Company. The term "Equity Securities" means the Company's capital stock, warrants, rights, and options giving the holder thereof the right to acquire shares of capital stock, and any security directly or indirectly convertible into or exercisable for or exchangeable into shares of the Company's capital stock.
