Restrictions on Company. The Company is not a party to any contract or agreement, or subject to any charter or other corporate restriction, which materially and adversely affects its business. The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its properties, whether now owned or hereafter acquired, to be subject to a Lien not permitted by the Indenture.
Restrictions on Company. During the period when any Preferred Shares remain issued and outstanding, without the prior written consent of the registered holders of more than fifty percent (50%) of such Preferred Shares, which consent shall not be unreasonably withheld, (a) Company shall not dispose of any of its interest in any of its Subsidiaries, and (b) Company and the Company Subsidiaries shall not (i) except in the ordinary course of business, make any loan or advance to, or investment in, any person or entity, or (ii) enter into related party transactions at other than arm's length.
Restrictions on Company. 11.1 The Client acknowledges that the Company’s systems, servers, and equipment may from time to time be inoperative or only partly operational as a consequence of mechanical breakdown, maintenance, hardware or software upgrades, telecommunication connectivity problems or other causes outside its control.
11.2 In the event of any such interruptions the Company shall notify the Client by phone, e- mail or other communication method as soon as reasonably practicable of any such interruptions to its ability to provide the Services.
11.3 The Company agrees to use all reasonable efforts to rectify faults or problems in its systems, servers, and equipment and to restore the system to full operational capacity as soon as reasonably practicable.
Restrictions on Company. (i) During the period commencing with the execution and delivery of this Agreement and continuing until the earlier to occur of the termination of this Agreement pursuant to its terms or the Effective Time, Company and its Subsidiaries shall not, nor shall they authorize or permit any of their respective officers, directors, affiliates or employees or any investment banker, attorney or other advisor or representative retained by any of them to, directly or indirectly (A) solicit, initiate, encourage or induce the making, submission or announcement of any Company Acquisition Proposal (as defined in Section 6.4(a)(ii) hereof); (B) participate in any discussions or negotiations regarding, or furnish to any person any non-public information with respect to, or take any other action to facilitate any inquiries or the
(1) at least forty-eight (48) hours prior to furnishing any such nonpublic information to, or entering into discussions or negotiations with, such person or group, Company gives Parent written notice of the identity of such person or group and of Company's intention to furnish nonpublic information to, or enter into discussions or negotiations with, such person or group, and (2) Company receives from such person or group an executed confidentiality agreement containing customary limitations on the use and disclosure of all nonpublic written and oral information furnished to such person or group by or on behalf of Company and containing terms no less favorable to the disclosing party than the terms of the Confidentiality Agreement; and (z) contemporaneously with furnishing any such nonpublic information to such person or group, Company furnishes such nonpublic information to Parent (to the extent such nonpublic information has not been previously furnished by Company to Parent). Company and its Subsidiaries shall immediately cease any and all existing activities, discussions or negotiations with any parties conducted heretofore with respect to any Company Acquisition Proposal. Without limiting the foregoing, it is understood that any violation of the restrictions set forth in this Section 6.4(a), any officer or director of Company or any of its Subsidiaries or any investment banker, attorney or other advisor or representative of Company or any of its Subsidiaries shall be deemed to be a breach of this Section 6.4(a)
Restrictions on Company. Neither the Company nor any of the Subsidiaries is a party to any contracts or agreements, or subject to any charter or other corporate restrictions, that in the aggregate materially and adversely affect its business. The Company is not a party to any contract or agreement that restricts its right or ability to incur additional Debt, other than this Agreement and the agreements relating to the Debt described in SCHEDULE 8O to this Agreement. The Company has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its Property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by paragraph 6C(i) of this Agreement.
Restrictions on Company. The Company is not a party to or bound by any security, contract, indenture, agreement, instrument, order of any court or governmental agency, law or rule or regulation which restricts the right or ability of the Company to incur Indebtedness, other than the Agreement and the Credit Agreements and the Note Purchase Agreement dated as of December 1, 1994, the Note Purchase Agreement dated as of March 1, 1995, the Note Purchase Agreement dated as of August 1, 1996 in each case between the Company and the Note Purchasers named therein, the $55,000,000 Purchase Price Note issued by the Company to Trillium Corporation on October 15, 1997, the $52,500,000 Purchase Price Note issued by the Company to Trillium Corporation on October 15, 1997, the Lease Agreement dated as of December 19, 1997 between SELCO Service Corporation, as lessor, and the Company, as lessee and construction agent, relating to the Port Angeles Sawmill Complex, and the Lease Agreement dated as of December 19, 1997 between SELCO Service Corporation, as lessor, and the Company, as lessee and construction agent, relating to the Bonners Ferry Circle Mill.
Restrictions on Company. The Company:
(a) is not a party to any contract or agreement, or subject to any charter or other corporate restriction that, in the aggregate for all such contracts, agreements, charters and corporate restrictions, is reasonably likely to have a Material Adverse Effect;
(b) is not a party to any contract or agreement that restricts the right or ability of such corporation to incur Indebtedness, other than this Agreement and the Senior Financing Documents, none of which restricts the issuance and sale of the Notes or the performance of the Company of its obligations under the Financing Documents, and true, correct and complete copies of each of which have been provided to you; and
(c) has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its Property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by Section 6.16.
Restrictions on Company. The Company:
(a) is not a party to any contract or agreement, or subject to any charter or other corporate restriction, which materially and adversely affects the business, profits, Properties or condition (financial or otherwise) of the Company or the ability of the Company to perform its obligations set forth in this Agreement, the Indenture and the Bonds;
(b) is not a party to any contract or agreement (other than the Indenture) which restricts the right or ability of such corporation to incur debt; and
(c) has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any of its Property, whether now owned or hereafter acquired, to be subject to a Lien not permitted by the Indenture.
Restrictions on Company. While this Agreement is in effect, the Company may not, without Employee’s consent: (a) materially change or materially reduce the duties of Employee as CFO except as otherwise provided on Schedule A, (b) move the principal location of Employee’s employment more than 25 miles from Horsham, PA, or (c) reduce Employee’s base salary hereunder or (d), there is a failure by a successor to this agreement, as defined in Item 6, to properly assume and fulfill the requirements of this agreement. In the event the Company violates this provision and does not cure such violation within thirty (30) days after receipt of written notice from Employee specify the violation, Employee may resign and receive severance, as provided herein in Schedule A.
Restrictions on Company. Between the Execution Date and the Closing Date, without the prior written consent of Buyer or except as otherwise contemplated by this Agreement, Seller shall not permit the Company to:
(a) amend the terms of any of the Exploration and Operation Licenses or acquire any interest in any other petroleum rights, other than in accordance with Section 6.2(a);
(b) make any capital expenditure in excess of US $100,000 or undertake any other commitments other than in the Ordinary Course of Business;
(c) acquire any material asset except for the acquisition of tangible assets in the Ordinary Course of Business;
(d) sell, transfer, lease, license or otherwise dispose of any of its assets, except in the Ordinary Course of Business and at fair value;
(e) allow for any Encumbrance to be placed on the Shares or any of the Company Assets;
(f) grant any license, assignment or other right or interest in respect of intellectual property or Technical Information owned by the Company;
(g) raise any new financial accommodation or take any new loans or borrowing;
(h) enter into any new Material Contract, or amend, waive or terminate any provisions of any existing Material Contract, or enter into any other obligation which is not in the Ordinary Course of Business;
(i) enter into any abnormal or unusual transaction which relates to or adversely affects its business or could reasonably be expected to result in a Material Adverse Effect in respect of the Company;
(j) enter into any employment, consulting or similar contract or hire any new employee, consultant or contractor, amend any existing employment, consulting or similar contract, renew any existing employment, consulting or similar contract on materially different terms, or terminate any employment, consulting or similar contract;
(k) make any Tax election or, subject to Section 7.3, settle or compromise any Tax Liability, unless that election, settlement or compromise is required by Applicable Legal Requirement and is supported by a written opinion of competent legal counsel;
(l) make any change in the accounting methods, principles or practices used by it at the Execution Date, save for any changes required by Applicable Legal Requirement;
(m) cancel any debt owed to it, or waive any claim or right in respect thereof;
(n) subject to Section 6.7, commence, settle, waive, compromise or discontinue any Proceeding or other claim for Damages;
(o) use, sell or otherwise dispose of any Inventory, other than in the Ordinary Cours...
