Protection Provisions. So long as any Unit of the Class B, Series 1 Units is outstanding, the Partnership shall not, and shall not cause or permit any of its Subsidiaries to, without the prior approval of the Class B, Series 1 Limited Partners holding at least a majority of the Units of Class B, Series 1 Units then outstanding, issue or sell (x) any additional Class B, Series 1 Units, or any other interests in or rights to (including economic rights based on or with respect to) the XxXxx Contributed Companies or (y) any securities convertible into or exercisable or exchangeable for any of the foregoing.
Protection Provisions. So long as any shares of Series H Preferred Stock are outstanding, the Corporation shall not, without first obtaining the approval (by vote or written consent, as provided by the General Corporate Law) of the holders of at least a majority of the then outstanding shares of Series H Preferred Stock:
(a) alter or change the rights, preferences or privileges of the Series H Preferred Stock;
(b) alter or change the rights, preferences or privileges of any capital stock of the Corporation so as to affect adversely the Series H Preferred Stock;
(c) create any new class or series of capital stock having a preference over the Series H Preferred Stock as to distribution of assets upon liquidation, dissolution or winding up of the Corporation (as previously defined in Article IX hereof, "SENIOR SECURITIES");
(d) increase the authorized number of shares of Series H Preferred Stock;
(e) issue any shares of Series H Preferred Stock other than pursuant to the Securities Purchase Agreement; or
(f) redeem, or declare or pay any cash dividend or distribution on, any capital stock of the Corporation ranking junior to the Series H Preferred Stock as to distribution of assets upon liquidation, dissolution or winding up of the Corporation (including the Common Stock). If holders of at least a majority of the then outstanding shares of Series H Preferred Stock agree to allow the Corporation to alter or change the rights, preferences or privileges of the shares of Series H Preferred Stock pursuant to subsection (a) above, then the Corporation shall deliver notice of such approved change to the holders of the Series H Preferred Stock that did not agree to such alteration or change (the "DISSENTING Holders") and the Dissenting Holders shall have the right, for a period of thirty (30) days, to convert all of their shares of Series H Preferred Stock pursuant to the terms of this Certificate of Designations as they existed prior to such alteration or change or to continue to hold their shares of Series H Preferred Stock.
Protection Provisions. So long as any shares of Series D Preferred Stock are outstanding, the Company shall not, without first obtaining the unanimous written consent of the holders of Series D Preferred Stock, alter or change the rights, preferences or privileges of the Series D Preferred Stock so as to affect adversely the holders of Series D Preferred Stock.
Protection Provisions. So long as at least 1,000 shares of New Preferred Stock (as adjusted for any stock dividends, combinations, splits, recapitalizations and the like with respect to such shares) are outstanding, or after all of the Cash Warrants have been fully exercised, at least 3,000 shares of New Preferred Stock (as adjusted for any stock dividends, combinations, splits, recapitalizations and the like with respect to such shares) are outstanding, the Corporation shall not, and shall not allow any of its subsidiaries to, take any of the following actions (in each case whether by merger, consolidation, conversion or otherwise) without first obtaining the approval (by vote or written consent, as provided by the DGCL) of the Requisite Holders:
A. amend, alter, change or repeal the rights, powers, preferences or privileges of the New Preferred Stock so as to affect the New Preferred Stock adversely; provided, however, that if such amendment, alteration, change or repeal would affect adversely the rights, powers, preferences or privileges of any one or more series of New Preferred Stock but shall not so affect each series of New Preferred Stock, this subparagraph A. shall require the approval (by vote or written consent, as provided by the DGCL) of the holders of at least 66-2/3% of the voting power of the one or more series of New Preferred Stock adversely affected, voting together as a single class, in lieu of the approval of the Requisite Holders required by this subparagraph A;
B. amend, alter, change or repeal any provision of the Certificate of Incorporation of the Corporation (including, for the avoidance of doubt, any Certificate of Designation or Certificate of Designations (including this Certificate of Designations) filed pursuant to Section 151(g) of the DGCL);
C. redeem, purchase or otherwise acquire, or apply to or set aside any monies for the redemption, purchase or other acquisition of, or permit any subsidiary of the Corporation to redeem, purchase or otherwise acquire, or apply to or set aside any monies for the redemption, purchase or other acquisition of, or declare or pay any dividend or make any Distribution or other distribution on or with respect to, any capital stock, other than (i) under this Certificate of Designations with respect to the New Preferred Stock or (ii) in connection with the redemption of unvested shares of Common Stock issued pursuant to equity compensation plans or arrangements;
D. increase the par value of the Common Stock;
E. enter ...
Protection Provisions. 11.1 Subject to any mandatory law, neither the Lender nor any Receiver will be liable:
(a) in respect of any loss or damage that results from the exercise, attempted exercise or non-exercise by the Lender or a Receiver of its rights under these General Security Terms or conferred by law; or
(b) to account as a mortgagee in possession in respect of any Secured Property if it, any person on its behalf or any Receiver takes possession of any Secured Property.
11.2 In relation to the exercise or purported exercise of the rights of the Lender or a Receiver under these General Security Terms or conferred by law, no person:
(a) need enquire:
(i) whether the relevant rights were exercised or are exercisable; or
(ii) about the propriety or regularity of any transaction or dealing; or
(b) will be affected by notice that any such transaction or dealing is unnecessary or improper.
11.3 Subject to any mandatory law, the Obligor will indemnify the Lender, each Attorney and each Receiver against each cost incurred by it as a result of:
(a) the occurrence or continuance of an Event of Default; or
(b) anything done or omitted by it in the exercise of its rights under these General Security Terms or conferred by law (whether or not arising by reason of mistake, oversight, negligence or error of judgment), by payment to it on demand of the amount and in the currency that it certifies is required to compensate it for that cost.
11.4 The above indemnities are unconditional and irrevocable and are to survive both termination of the Loan Agreement and payment of all other Secured Indebtedness and performance of and compliance with all Secured Obligations. The above indemnities are not to be discharged or impaired by any act, omission, matter or thing that might discharge or impair them but for this subclause.
Protection Provisions. So long as any Series CC Convertible Preferred Stock are outstanding, the Company shall not, without first obtaining the approval of a majority of the holders: (a) alter or change the rights, preferences or privileges of the Series CC Convertible Preferred Stock; and/or (b) alter or change the rights, preferences or privileges of any capital stock of the Company so as to affect adversely the Series CC Convertible Preferred Stock.
Protection Provisions. So long as any shares of Series F Preferred Stock are outstanding, the Company shall not, without first obtaining the majority written consent of the holders of Series F Preferred Stock, alter or change the rights, preferences or privileges of the Series F Preferred Stock so as to affect adversely the holders of Series F Preferred Stock.
Protection Provisions. So long as any shares of Series I Preferred Stock are outstanding, the Company shall not, without first obtaining the unanimous written consent of the holders of Series I Preferred Stock, alter or change the rights, preferences or privileges of the Series I Preferred Stock so as to affect adversely the holders of Series I Preferred Stock. The Company hereby covenants and agrees that the Company will not, by amendment of its Articles of Incorporation, Bylaws or through any reorganization, transfer of assets, consolidation, merger, scheme of arrangement, dissolution, issue or sale of securities, or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms of this Certificate of Designation, and will at all times carry out all the provisions of this Certificate of Designation and take all action as may be required to protect the rights of the Holders of the Series I Preferred Stock.
Protection Provisions. So long as this Debenture is outstanding, the Corporation shall not, without first obtaining the approval (by vote or written consent) of the holders of all of the then Outstanding Amount under all Debentures:
(a) adversely alter or change the rights, preferences or privileges of the Debentures; or
(b) alter or change the rights, preferences or privileges of any capital stock of the Corporation so as to affect adversely the Debentures.
Protection Provisions. Total working hours
