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.
Appears in 4 contracts
Samples: Purchase Agreement (Insmed Inc), Purchase Agreement (Zix Corp), Purchase Agreement (Zix 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 Section 4 Article II 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 2 contracts
Samples: Note Purchase Agreement (Dwango North America Corp), Note Purchase Agreement (Dwango North America 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 Section 4 Article III of the Note as if the Note were was outstanding, (2) shall not take any action which, if the Note were was 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 1 contract
Samples: Note Purchase Agreement (Napro Biotherapeutics 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 Note, the Company (1) shall comply with Section 4 3.2 of the Note as if the Note were was outstanding, (2) shall not take any action which, if the Note were was outstanding, (A) would constitute an Event of Default (as defined in the Note) 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 (as defined in the Note) or, with the giving of notice or the passage of time or both, would constitute a Repurchase Event.
Appears in 1 contract
