Restrictions on Performance. The Issuer shall not at any time enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement or the Warrants, or making such performance or the issuance of Warrant Stock upon the exercise of any Warrant a default under any such agreement or instrument.
Restrictions on Performance. The Company shall not at any time enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement or the Warrant, or making such performance of the issuance of Warrant Shares upon exercise of the Warrant a default under any such agreement or instrument.
Restrictions on Performance. The Issuer shall not at any time enter into an agreement or other instrument expressly limiting in any manner its ability to perform its obligations under this Agreement or the Warrants, or making such performance or the issuance of Warrant Stock upon the exercise of any Warrant a default under any such agreement or instrument. Warrant Agreement
Restrictions on Performance. The Company shall not at any time enter into, or permit to exist, an agreement or other instrument restricting its ability to perform its obligations under this Agreement, the Registration Rights Agreement or the Warrants, or making such performance or the issuance of shares of Common Stock upon the exercise of any Warrant a default under any such agreement or instrument other than (x) the Senior Credit Agreement (as defined in the Securities Purchase Agreement) and (y) the Securities Purchase Agreement.
Restrictions on Performance. The Company shall not at any time enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement or the Warrants, or making such performance of the issuance of Common Stock upon exercise of any Warrant a default under any such agreement or instrument.
Restrictions on Performance. The Company shall not at any time enter into, or permit to exist, an agreement or other instrument restricting its ability to perform its obligations under this Agreement, the Registration Rights Agreement or the Warrants, or making such performance or the issuance of shares of Common Stock upon the exercise of any Warrant a default under any such agreement or instrument, other than restrictions on the Company’s ability to honor the Put Right under (a) the Senior Credit Agreement, (b) the Senior Subordination Agreement, (c) the Senior Subordinated Note Purchase Agreement, and (d) the Junior Subordination Agreement.
Restrictions on Performance. The Grantors shall not at any time enter into any agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement, or making such performance or the exercise of the Put Option a default under any such agreement or instrument.
Restrictions on Performance. The Issuer shall not at any time enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement or the Warrants, or making such performance or the issuance of Warrant Stock upon the exercise of any Warrant a default under any such agreement or instrument other than the Senior Subordinated Credit Agreement and the Senior Credit Agreement and refinancings thereof with an increase in principal and instruments relating to Issuer's proposed issuance of certain high-yield notes which will be used to refinance Issuer's Indebtedness under the Senior Subordinated Credit Agreement.
Restrictions on Performance. (a) From the date hereof until the Subsequent Closing Date, without the written consent of WCAS VIII, the Company shall not at any time enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement or the Notes and Warrants issued or to be issued hereunder, or making such performance of the issuance of the Warrant Shares upon exercise of the Warrant or the Conversion Shares upon conversion of the Warrant Shares a default under any such agreement or instrument. The parties agree and acknowledge that this Section shall not be construed to prohibit the execution and delivery of the Subordination Agreement as contemplated by this Agreement.
(b) From the date hereof until the earlier of (i) the date the stockholders of the Company shall have approved the issuance of the Warrants and the terms of the Warrants, including the issuance of the Warrant Shares and the Conversion Shares (the “Shareholder Approval”) and (ii) the first date after the Subsequent Closing Date that all outstanding Warrants shall have been exercised, the Company shall not, without the written consent of WCAS VIII, (i) issue any Additional Shares of Common Stock (as defined in the Warrant) without consideration or for a consideration per share less than the Base Exercise Price (as defined in the Warrant), (ii) subdivide or split the outstanding shares of Common Stock, (iii) combine or reclassify the outstanding shares of Common Stock into a smaller or larger number of shares, (iv) issue by reclassification of the shares of Common Stock any shares of capital stock of the Company, (v) pay a dividend or make a distribution payable in shares of Common Stock on any class of capital stock of the Company, (vi) distribute to any holders of Common Stock (whether by dividend or in a merger, amalgamation, consolidation or otherwise) evidences of indebtedness, shares of capital stock of any class or series, other securities, cash or assets in respect of such holder’s Common Stock or (vii) engage in any Fundamental Change (as defined in the Warrant) (it being understood that each Purchaser shall have the right to consent to any modification to the terms of the Series B Stock made in connection with such Fundamental Change).
Restrictions on Performance
