NEGATIVE AND FINANCIAL COVENANTS. The Company covenants and agrees that, so long as any Obligations remain outstanding or the Purchaser owns or holds, or has the right to acquire, directly or indirectly, five percent (5.0%) or more of the Common Stock calculated on a Fully Diluted Basis, the Company shall, except as otherwise provided in Section 9.15, perform, comply with and observe each of the covenants set forth in this Section 9, as applicable:
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Samples: Securities Purchase Agreement (Overhill Farms Inc), Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp), Securities Purchase Agreement (Overhill Farms Inc)
NEGATIVE AND FINANCIAL COVENANTS. The Company covenants Parties jointly and agrees severally covenant and agree that, except as provided in SECTION 10.17, so long as any Obligations to the Purchaser remain outstanding or the Purchaser owns or holds, or has the right to acquireacquire from the Company, directly or indirectly, at least five percent per cent (5.05%) or more of the Common Stock calculated on a Fully Diluted Basis, the Company shall, except as otherwise provided in Section 9.15, shall perform, comply with and observe each of the covenants set forth in this Section 9SECTION 10, as applicable:.
Appears in 1 contract
Samples: Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp)
NEGATIVE AND FINANCIAL COVENANTS. The Company covenants Parties jointly and agrees severally covenant and agree that, except as provided in Section 10.17, so long as any Obligations to the Purchaser remain outstanding or the Purchaser owns or holds, or has the right to acquireacquire from the Company, directly or indirectly, at least five percent per cent (5.05%) or more of the Common Stock calculated on a Fully Diluted Basis, the Company shall, except as otherwise provided in Section 9.15, shall perform, comply with and observe each of the covenants set forth in this Section 910, as applicable:.
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