Common use of Limitation on Certain Actions Clause in Contracts

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.

Appears in 2 contracts

Samples: Note Purchase Agreement (Axys Pharmecueticals Inc), Note Purchase Agreement (Axys Pharmecueticals Inc)

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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 NoteInitial Notes, 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 Notes 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 1 contract

Samples: Note Purchase Agreement (Acclaim Entertainment Inc)

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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 Ten of the Indenture and 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 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 1 contract

Samples: Note Purchase Agreement (Cygnus Inc /De/)

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