Limitation on Related Party Transactions. (a) The Company shall not, and shall not permit any of its Subsidiaries to, enter into or be a party to any transaction with any Related Parties (other than an Appaloosa or its Affiliates) except in the ordinary course of, and pursuant to the reasonable requirements of, such party's business and upon fair and reasonable terms that are at least equivalent to an arms length transaction with a Person that is not a Related Party. In addition, if any such transaction or series of related transactions involves payments in excess of $25,000 in the aggregate, the terms of those transactions must be disclosed in advance to each Holder. All such transactions existing as of the date hereof are set forth in Schedule 6.8. (b) The Company shall not, and shall not permit any of its Subsidiaries to, enter into any lending or borrowing transaction with any director, officer or employee of any Credit Party. (c) The Company shall not, and shall not permit any of its Subsidiaries to, (i) enter into or adopt or amend any existing agreement or arrangement relating to severance, (ii) enter into or adopt or amend any existing severance plan, (iii) enter into or adopt or amend any employee benefit plan (within the meaning of Section 3(3) of ERISA) or Employee Agreement or (iv) grant any bonus, salary increase, severance or termination pay to, any employee, officer, director or consultant other than in the ordinary course of business consistent with past practice.
Appears in 1 contract
Limitation on Related Party Transactions. (a) The Company shall not, and shall not permit any of its Subsidiaries to, enter into or be a party to any transaction with any Related Parties (other than an Appaloosa any of the Holders or its their Affiliates) except in the ordinary course of, and pursuant to the reasonable requirements of, such party's business and upon fair and reasonable terms that are at least equivalent to an arms length transaction with a Person that is not a Related Party. In addition, if any such transaction or series of related transactions involves payments in excess of $25,000 [25,000] in the aggregate, the terms of those transactions must be disclosed in advance to each Holder. All such transactions existing as of the date hereof are set forth in on Schedule 6.8.
(b) The Company shall not, and shall not permit any of its Subsidiaries to, enter into any lending or borrowing transaction with any director, officer or employee of the Company or any Credit Partyof its Subsidiaries.
(c) The Company shall not, and shall not permit any of its Subsidiaries to, (i) enter into or adopt or amend any existing agreement or arrangement relating to severance, (ii) enter into or adopt or amend any existing severance plan, (iii) enter into or adopt or amend any employee benefit plan (within the meaning of Section 3(3) of ERISA) Benefit Plan or Employee Agreement or (iv) grant any bonus, salary increase, severance or termination pay to, any employee, officer, director or consultant other than in the ordinary course of business consistent with past practice.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Appaloosa Management Lp)
Limitation on Related Party Transactions. (a) The Company shall not, and shall not permit any of its Subsidiaries to, enter into or be a party to any transaction with any Related Parties (other than an Appaloosa any of the Holders or its their Affiliates) except in the ordinary course of, and 27 pursuant to the reasonable requirements of, such party's business and upon fair and reasonable terms that are at least equivalent to an arms length transaction with a Person that is not a Related Party. In addition, if any such transaction or series of related transactions involves payments in excess of $25,000 [25,000] in the aggregate, the terms of those transactions must be disclosed in advance to each Holder. All such transactions existing as of the date hereof are set forth in on Schedule 6.8.
(b) The Company shall not, and shall not permit any of its Subsidiaries to, enter into any lending or borrowing transaction with any director, officer or employee of the Company or any Credit Partyof its Subsidiaries.
(c) The Company shall not, and shall not permit any of its Subsidiaries to, (i) enter into or adopt or amend any existing agreement or arrangement relating to severance, (ii) enter into or adopt or amend any existing severance plan, (iii) enter into or adopt or amend any employee benefit plan (within the meaning of Section 3(3) of ERISA) Benefit Plan or Employee Agreement or (iv) grant any bonus, salary increase, severance or termination pay to, any employee, officer, director or consultant other than in the ordinary course of business consistent with past practice.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Bio Plexus Inc)
Limitation on Related Party Transactions. (a) The Company shall not, and shall not permit any of its Subsidiaries to, enter into or be a party to any transaction with any Related Parties (other than an Appaloosa any of the Holders or its their Affiliates) except in the ordinary course of, and pursuant to the reasonable requirements of, such partyRelated Party's business and upon fair and reasonable terms that are at least equivalent to an arms arm's-length transaction with a Person that is not a Related Party. In addition, if any such transaction or series of related transactions involves payments in excess of $25,000 in the aggregate, the terms of those such transactions must be disclosed in advance to each Holder. All such transactions existing as of the date hereof are set forth in on Schedule 6.8.
(b) The Company shall not, and shall not permit any of its Subsidiaries to, enter into any lending or borrowing transaction with any director, officer or employee of the Company or any Credit Partyof its Subsidiaries.
(c) The Company shall not, and shall not permit any of its Subsidiaries to, (i) enter into or adopt or amend any existing agreement or arrangement relating to severance, (ii) enter into or adopt or amend any existing severance plan, (iii) enter into or adopt or amend any employee benefit plan (within the meaning of Section 3(3) of ERISA) Benefit Plan or Employee Agreement or (iv) grant any bonus, salary increase, severance or termination pay to, any employee, officer, director or consultant other than in the ordinary course of business consistent with past practice.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Appaloosa Management Lp)