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.
Appears in 9 contracts
Samples: Note Purchase Agreement (Emagin Corp), Note Purchase Agreement (Emagin Corp), Note Purchase Agreement (Emagin Corp)
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 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.
Appears in 4 contracts
Samples: Purchase Agreement (Insmed Inc), Purchase Agreement (Zix Corp), Purchase Agreement (Viragen Inc)
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 NoteNotes, the Company (1) shall comply with Article III II of the Note Notes as if the Note Notes were outstanding, (2) shall not take any action which, if the Note Notes 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.
Appears in 2 contracts
Samples: Note Purchase Agreement (Berliner Communications Inc), Securities Purchase Agreement (Direct Insite Corp)
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 NoteNotes, the Company (1) shall comply with Article III of the Note Notes as if the Note Notes were outstanding, (2) shall not take any action which, if the Note Notes were outstanding, (A) would constitute an Event of Default or, with the giving of notice or the passage of time 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 time, or both, would constitute a Repurchase Event.
Appears in 1 contract
Samples: Securities Purchase and Exchange Agreement (Sugen Inc)
