Particular Covenants and Events of Default. Prior to the date that the conditions to the Initial Disbursement set forth in Section 4.2 have been satisfied, to the extent that any of the provisions of this Article 5 conflicts with the Senior Facility Agreement, the Organizational Documents or otherwise requires satisfaction of the Approval Conditions, such provision shall not be in effect until the conditions to the Initial Disbursement set forth in Section 4.2 have been satisfied.
Particular Covenants and Events of Default. 40 Section 5.1 Affirmative Covenants 40 Section 5.2 Negative Covenants 48 Section 5.3 Financial Covenants 52 Section 5.4 General Acceleration Provision upon Events of Default 53 Section 5.5 Automatic Acceleration on Dissolution or Bankruptcy 56 Section 5.6 Recovery of Amounts Due 56 Section 5.7 Power of Attorney 56 Section 5.8 Credit Bidding 57 ARTICLE 6 MISCELLANEOUS 58 Section 6.1 Notices 58 Section 6.2 Waiver of Notice 59 Section 6.3 Reimbursement of Legal and Other Expenses 59 Section 6.4 Governing Law 60 Section 6.5 Successors and Assigns 60 Section 6.6 Entire Agreement 61 Section 6.7 Severability 61 Section 6.8 Counterparts 61 Section 6.9 Survival 61 Section 6.10 No Waiver 62 Section 6.11 Indemnity 62 Section 6.12 No Usury 63 Section 6.13 Further Assurances 63 Section 6.14 Confidentiality 63 Section 6.15 Intercreditor Agreement 64 SCHEDULES Schedule 1.1-A - Indebtedness Schedule 1.1-B - Investments Schedule 1.1-C - Investments Schedule 3.1(h) - Proceedings Schedule 3.1(m) - Intellectual Property Schedule 3.1(p) - Retention of Rights Schedule 3.1(q) - Compliance with Laws Schedule 3.1(t) - Subsidiaries Schedule 3.1(u) - Compliance with Health Care Laws Schedule 3.1(x) - Health Care Proceedings Schedule 3.1(aa) - Capitalization Schedule 3.1(ll) - Insurance EXHIBIT Exhibit C - Form of Compliance Certificate FACILITY AGREEMENT FACILITY AGREEMENT (this “Agreement”), dated as of May 11, 2016 (as amended by the First Amendment to Facility Agreement, dated as of June 1, 2017, the Second Amendment to Facility Agreement, dated as of November 5, 2018, the Third Amendment to Facility Agreement, dated as of March 26, 2019, the Fourth Amendment to Facility Agreement, dated as of October 2, 2019, the Fifth Amendment to Facility Agreement, dated as of May 6, 2020, and the Waiver, Consent and Sixth Amendment to Facility Agreement, dated as of March 19, 2021), between Neos Therapeutics, Inc., a Delaware corporation (the “Borrower”), and the lenders set forth on the signature page of this Agreement (together with their successors and permitted assigns, the “Lenders” and, together with the Borrower, the “Parties”).
Particular Covenants and Events of Default. Confidential Treatment Requested by Uber Technologies, Inc. Pursuant to 17 C.F.R. Section 200.83
Particular Covenants and Events of Default
