Common use of Prohibition Against Capital Expenditures Clause in Contracts

Prohibition Against Capital Expenditures. The Company agrees that so long as (i) the Debenture remains outstanding or (ii) Holder owns shares of preferred stock representing at least 10% of the shares of capital stock of the Company on a fully diluted basis utilizing the "treasury method" as described in Section 2.3 of the Purchase Agreement, the Company will not incur, or commit to incur, any capital expenditures of any kind or nature in excess of $50,000 without the approval of the Board of Directors of the Company, and, in addition, the Company agrees that, until the Company has expended the $2,500,000 in proceeds from the issuance of the Debenture, from the date hereof there shall be no capital expenditure in excess of $50,000 without 51 the affirmative written consent of WEDGE or its affiliate who is then the Holder of the Debenture or any security convertible thereto.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Wedge Energy Services LLC)

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Prohibition Against Capital Expenditures. The Company agrees that so long as (i) the Debenture remains outstanding or (ii) Holder owns shares of preferred stock Preferred Stock representing at least ten percent (10% %) of the shares of capital stock of the Company on a fully diluted basis utilizing the "treasury method" as described in Section 2.3 of the Purchase Agreementsubparagraph 8(a)(iii) above, the Company will not incur, or commit to incur, any capital expenditures of any kind or nature in excess of $50,000 without the approval of by the Board of Directors of the Company, and, in addition, the Company agrees that, until the Company has expended the $2,500,000 in proceeds from the issuance of the Debenture, from the date hereof there shall be no capital expenditure in excess of $50,000 without 51 the affirmative written consent of WEDGE or its affiliate who is then the Holder of the Debenture or any security convertible theretoaffiliate.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Wedge Energy Services LLC)

Prohibition Against Capital Expenditures. The Company agrees that so long as (i) the Debenture remains outstanding or (ii) Holder owns shares of preferred stock Preferred Stock representing at least ten percent (10% %) of the shares of capital stock of the Company on a fully diluted basis utilizing the "treasury method" as described in Section 2.3 of the Purchase Agreementsubparagraph 8(a)(iii) above, the Company will not incur, or commit to incur, any capital expenditures of any kind or nature in excess of $50,000 without the approval of by the Board of Directors of the Company, and, and in addition, the Company agrees that, until the Company has expended the $2,500,000 in proceeds from the issuance of the Debenture, from the date hereof there shall be no capital expenditure expenditures in excess of $50,000 without 51 the affirmative written consent of WEDGE or its affiliate who is then the Holder of the Debenture or any security convertible thereto.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Wedge Energy Services LLC)

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Prohibition Against Capital Expenditures. The Company agrees that so long as (i) the Debenture remains outstanding or (ii) Holder WEDGE owns shares of preferred stock representing at least 10% of the shares of capital stock of the Company on a fully diluted basis utilizing the "treasury method" as described in Section 2.3 of the Purchase Agreementabove, the Company will not incur, or commit to incur, any capital expenditures of any kind or nature in excess of $50,000 without the approval of the Board of Directors of the Company, and, in addition, the Company agrees that, that until the Company has expended the $2,500,000 in proceeds from the issuance of the Debenture, Debenture from the date hereof hereof, there shall not be no any capital expenditure expenditures in excess of $50,000 without 51 the affirmative written consent of WEDGE or its affiliate who is then the Holder holder of the Debenture or any security convertible thereto.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Wedge Energy Services LLC)

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