Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, shall become a party to any agreement which, by its terms, restricts the Company’s ability to perform under or comply with the terms of this Agreement, the Ancillary Agreements to which the Company is a party or the Charter.
Appears in 8 contracts
Samples: Series E Preferred Stock and Warrant Purchase Agreement (Roka BioScience, Inc.), Series D Preferred Stock (Roka BioScience, Inc.), Series C Preferred Stock (Roka BioScience, Inc.)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms expressly restricts the Company’s ability to perform under or comply with the terms performance of this Agreement, the Ancillary Agreements to which the Company is a party Agreement or the Charterany other Transaction Document.
Appears in 8 contracts
Samples: Investors’ Rights Agreement (LEGALZOOM.COM, Inc.), Investors’ Rights Agreement (Legalzoom Com Inc), Stockholders Agreement (908 Devices Inc.)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party or the Charter.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Keystone Inc Et Al), Stock Exchange Agreement (Energy Biosystems Corp), Note Purchase Agreement (Youbet Com Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiary shall become a party to any agreement which, that by its terms, terms restricts the Company’s ability to perform under or comply with the terms performance of this Agreement, any of the Ancillary Agreements to which other Transaction Documents, the Company is a party Restated Articles or the CharterBylaws.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Radical Holdings Lp), Securities Purchase Agreement (Radical Holdings Lp), Securities Purchase Agreement (Immediatek Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with 's performance of the terms of this Agreement, the Ancillary Transactional Agreements to which the Company is a party or the CharterArticles.
Appears in 4 contracts
Samples: Note Purchase Agreement (Positron Corp), Note Purchase Agreement (Positron Corp), Note Purchase Agreement (Positron Corp)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Stockholders' Agreement or the Charter.
Appears in 3 contracts
Samples: Occupational Health (Axa U S Growth Fund LLC), Venrock Associates, Venture Capital Fund of New England Iii Lp
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with performance of any of the terms of this Agreement, the Ancillary Agreements to which the Company is a party Transaction Documents or the CharterArticles.
Appears in 3 contracts
Samples: Investor Rights Agreement (PointClickCare Corp.), Investor Rights Agreement (PointClickCare Corp.), Investor Rights Agreement (PointClickCare Corp.)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not become a party to any agreement which, which by its terms, terms or effects restricts or hinders the Company’s ability to perform under performance of, or comply with the terms of obligations pursuant to, this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Charter or the CharterBylaws.
Appears in 3 contracts
Samples: Stockholders’ Agreement (New Horizons Worldwide Inc), Stockholders’ Agreement (New Horizons Worldwide Inc), Stockholders’ Agreement (New Horizons Worldwide Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with performance of any of the terms of this Agreement, the Ancillary Agreements to which the Company is a party Transaction Documents or the provisions of the Company’s Certificate of Incorporation, as amended or restated from time to time (the “Charter”).
Appears in 2 contracts
Samples: Investor Rights Agreement (Achillion Pharmaceuticals Inc), Investor Rights Agreement (Achillion Pharmaceuticals Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of ---------------------------------- its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform 's performance of the Investment Agreements or its obligations under or comply with the terms of this Agreement, the Ancillary Agreements to which the Company is a party or the CharterCertificate.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Pointe Communications Corp), Securities Purchase Agreement (Pointe Communications Corp)
Restrictive Agreements Prohibited. Neither the Company nor any --------------------------------- of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Stockholders Agreement or the Charter.
Appears in 2 contracts
Samples: Purchase Agreement (CCBN Com), Purchase Agreement (CCBN Com)
Restrictive Agreements Prohibited. Neither the Company --------------------------------- nor any of its subsidiaries, if any, shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Articles, the Company is a party Certificate, the Registration Rights Agreement or the CharterCollaboration Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Perkin Elmer Corp), Stock Purchase Agreement (Hyseq Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with performance of any of the terms of this Transaction Documents (as defined in the Purchase Agreement, the Ancillary Agreements to which the Company is a party ) or the CharterCertificate of Incorporation.
Appears in 2 contracts
Samples: Investor Rights Agreement, Investor Rights Agreement (Boingo Wireless Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of The Corporation and its subsidiaries, subsidiaries (if any, applicable) shall not become a party to any agreement whichagreement, which by its terms, terms restricts the CompanyCorporation’s ability to perform under performance of this Agreement or comply with the terms of this Agreement, the Ancillary Agreements to which the Company is a party or the Charterits Restated Certificate.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (YouNow, Inc.), Investors’ Rights Agreement (YouNow, Inc.)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party or the Charter.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Demegen Inc), Rights Agreement (Silicon Graphics Inc /Ca/)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform 's performance of the Investment Agreements or its obligations under or comply with the terms of this Agreement, the Ancillary Agreements to which the Company is a party or the CharterCertificate.
Appears in 2 contracts
Samples: Securities Purchase Agreement (TSG Capital Fund Iii L P), Securities Purchase Agreement (Sandler Capital Management)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not --------------------------------- become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party Registration Rights Agreement or the Charter.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Adolor Corp), Preferred Stock Purchase Agreement (Adolor Corp)
Restrictive Agreements Prohibited. Neither the The Company nor any of and its subsidiaries, subsidiaries (if any, applicable) shall not become a party to any agreement whichagreement, which by its terms, terms restricts the Company’s ability to perform under performance of this Agreement or comply with the terms of this Agreement, the Ancillary Agreements to which Articles of Association of the Company is a party or the Charterin effect.
Appears in 2 contracts
Samples: Shareholders’ Rights Agreement, Shareholders’ Rights Agreement (ReWalk Robotics Ltd.)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not --------------------------------- become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Registration Rights Agreement, the Management Rights Agreements to which the Company is a party or the Charter.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Adolor Corp), Preferred Stock Purchase Agreement (Adolor Corp)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms expressly restricts the Company’s ability to perform under or comply with the terms performance of this Agreement, the Ancillary Agreements to which the Company is a party or the Charter.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ign Entertainment Inc), Stockholders Agreement (Ign Entertainment Inc)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not become a party to any agreement which, which by its terms, the terms thereof or as a result of the performance thereof restricts the Company’s 's performance of, or ability to perform under or comply with the terms of perform, this Agreement, the Ancillary Agreements to which the Company is a party Agreement or the Charter.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Intracel Corp), Preferred Stock Purchase Agreement (Intracel Corp)
Restrictive Agreements Prohibited. Neither the Company nor --------------------------------- any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Stock Restriction Agreement, the Voting Agreement or the Charter.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Peritus Software Services Inc), Convertible Preferred Stock Purchase Agreement (Peritus Software Services Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiary shall become a party to any agreement which, that by its terms, terms restricts the Company’s ability to perform under or comply with the terms performance of this Agreement, any of the Ancillary Agreements to which other Transaction Documents, the Company is a party Charter or the CharterBylaws.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Refocus Group Inc), Securities Purchase Agreement (Refocus Group Inc)
Restrictive Agreements Prohibited. Neither the Company nor --------------------------------- any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with 's performance of any of the terms of this Agreement, the Ancillary Agreements to which the Company is a party Transaction Documents or the CharterRestated Certificate.
Appears in 2 contracts
Samples: Rights Agreement (Esperion Therapeutics Inc/Mi), Rights Agreement (Esperion Therapeutics Inc/Mi)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not become a party to any agreement which, which by its terms, restricts the Company’s ability to perform under or comply with terms violates the terms of this Agreement, Agreement or any of the Ancillary Agreements to which the Company is a party or the CharterAgreements.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Provident National Assurance Co Separate Account B), Common Stock Purchase Agreement (Zurich Insurance Co)
Restrictive Agreements Prohibited. Neither the Company --------------------------------- nor any of its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party Agreement or the Company's Charter.
Appears in 1 contract
Samples: Stockholders Agreement (Crown Castle International Corp)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiary shall become a party to any agreement which, that by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party Agreements, or the CharterArticles of Incorporation.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither None of the Company nor any of or its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms performance of this Agreement, Agreement or any of the Ancillary Agreements to which the Company is a party or the Charterother Transaction Documents.
Appears in 1 contract
Samples: Securities Purchase Agreement (Pacific Ethanol, Inc.)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of either this Agreement, the Ancillary Agreements to which the Company is a party Agreement or the Charter.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Starmedia Network Inc)
Restrictive Agreements Prohibited. Neither the Company nor any --------------------------------- of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party or the Charter.
Appears in 1 contract
Samples: Investor Rights Agreement (Number Nine Visual Technology Corp)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with performance of any of the terms of this Purchase Agreement, the Ancillary Agreements to which (as defined in the Company is a party Purchase Agreement) or the CharterRestated Certificate (as defined in the Purchase Agreement).
Appears in 1 contract
Samples: Stockholder Rights Agreement (Elixir Pharmaceuticals Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms expressly restricts the Company’s ability to perform under or comply with the terms performance of this Agreement or any other Transaction Agreement, the Ancillary Agreements to which the Company is a party or the Charter.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its termsterms conflicts with, restricts or would prohibit the Company’s ability to perform under or comply with 's performance of the terms of this Agreement, the Ancillary Agreements to which the Company is a party Transaction Documents or the CharterCertificate of Designations.
Appears in 1 contract
Samples: And Warrant Purchase Agreement (Huff Alternative Income Fund Lp)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiary shall become a party to any agreement whichagreement, arrangement or understanding which by its terms, terms expressly restricts the Company’s ability to perform under or comply with the terms performance of this Agreement, the Ancillary Agreements to which the Company is a party Agreement or the Charterany other Transaction Document.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Tenby Pharma Inc)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not --------------------------------- become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with 's performance of any of the terms of this Agreement, the Ancillary Agreements to which the Company is a party Transaction Documents or the CharterCertificate of Incorporation.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Information Management Associates Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts or otherwise interferes with the Company’s ability to perform under or comply with the terms performance of this Agreement, the Ancillary Agreements to which the Company is a party or the Charter.
Appears in 1 contract
Samples: Stockholders’ Agreement (Us Xpress Enterprises Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, restricts the Company’s ability to perform under or comply with 's performance of either of the terms of this Agreement, the Ancillary Agreements to which the Company is a party Transaction Documents or the Charter.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiary shall become a party to any agreement which, that by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Plan, the Company is a party Certificate of Incorporation or the CharterBylaws.
Appears in 1 contract
Samples: Investors' Rights Agreement (Franks Nursery & Crafts Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with 's performance of any of the terms of this AgreementTransaction Documents, the Ancillary Agreements to which Notes, the Company is a party Warrants or the Charter.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with 's performance of any of the terms of this AgreementTransaction Documents, the Ancillary Agreements to which the Company is a party or the CharterCharter as it may be amended from time to time.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Thrupoint Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, subsidiaries (if any, ) shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under performance of this Agreement or comply conflicts with the terms Amended and Restated Certificate of this Agreement, the Ancillary Agreements to which the Company is a party or the CharterIncorporation.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Avalon Pharmaceuticals Inc)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not become a party to any agreement which, which by its terms, terms or effects restricts or hinders the Company’s ability to perform under 's performance of, or comply with the terms of obligations pursuant to, this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Charter or the CharterBylaws.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party Registration Rights Agreement or the CharterArticles. The Company shall not become party to any agreement which by its terms restricts the Company's right to pay dividends on the Preferred Shares or to meet the redemption rights of the Preferred Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Good Times Restaurants Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, that by its terms, terms or performance restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party or the Charter.
Appears in 1 contract
Samples: Investors' Rights Agreement (Quantrx Biomedical Corp)
Restrictive Agreements Prohibited. Neither the Company nor --------------------------------- any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this any Transaction Agreement, the Ancillary Agreements to which the Company is a party By-Laws or the Charter.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock Purchase Agreement (Genomica Corp /De/)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform 's performance of its obligations under or comply with the terms of this Agreement, the any Company Ancillary Agreements to which the Company is a party Document or the Charter.
Appears in 1 contract
Samples: Securities Purchase Agreement (Meridian Financial Corp)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, that by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, any of the Ancillary Agreements to which other Transaction Documents (as defined in the Company is a party Subscription Agreement) or the CharterOrganizational Documents.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms expressly restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party or the Charter.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Registration Rights Amendment, the Company is a party Restated Stock Restriction Agreement or the Charter.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (New Era of Networks Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiary which it may create shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Stock Restriction Agreement or the Charter.
Appears in 1 contract
Samples: Convertible Demand Note and Warrant Purchase Agreement (Medical Sterilization Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Second Registration Rights Amendment, the Company is a party Second Restated Stock Restriction Agreement or the Charter.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (New Era of Networks Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Stock Restriction Agreement or the Charter.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (New Era of Networks Inc)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Stockholders' Agreement, the Contribution Agreement or the Charter.
Appears in 1 contract
Samples: Stock Purchase Agreement (Chromavision Medical Systems Inc)
Restrictive Agreements Prohibited. Neither the Company nor any --------------------------------- of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Stockholders' Agreement or the Charter.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company --------------------------------- nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party Registration Rights Agreement or the CharterArticles. The Company shall not become party to any agreement which by its terms restricts the Company's right to pay dividends on the Preferred Shares or to meet the redemption rights of the Preferred Shares.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Bailey Co L P)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not become --------------------------------- a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party Note, or the CharterSecurity Agreements.
Appears in 1 contract
Samples: Promissory Note Purchase Agreement (Lernout & Hauspie Speech Products Nv)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall --------------------------------- not become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Registration Rights Agreement, the Stock Restriction Agreements, the Management Rights Agreements to which the Company is a party or the Charter.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Adolor Corp)
Restrictive Agreements Prohibited. Neither the Company nor --------------------------------- any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, any Transaction Agreement, the Ancillary Agreements to which the Company is a party By-Laws or the Charter.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Genomica Corp /De/)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, --------------------------------- subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with 's performance of the terms of this Agreement, the Ancillary Transactional Agreements to which the Company is a party or the CharterArticles.
Appears in 1 contract
Samples: Corporation Note Purchase Agreement (Positron Corp)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with performance of any of the terms of this Agreement, the Ancillary Agreements to which the Company is a party Transaction Documents or the CharterLLC Agreement.
Appears in 1 contract
Samples: Investor Rights Agreement (Aquaventure Holdings LLC)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Combination Agreement (including all agreements and instruments entered into by the Company is a party pursuant thereto), the Series I Purchase Agreement, the Series J Purchase Agreement, the Registration Rights Agreement or the CharterCertificate.
Appears in 1 contract
Samples: Shareholders Agreement (Servicesoft Technologies Inc)
Restrictive Agreements Prohibited. Neither the Company nor --------------------------------- any of its subsidiaries, if any, subsidiaries shall become a party to any agreement whichagreement, which by its terms, restricts terms prohibits the Company’s ability to perform under or comply with 's performance of any of the terms of this Agreement, the Ancillary Agreements to which the Company is a party or the CharterTransaction Documents.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with performance of any of the terms of this Agreement, the Ancillary Agreements to which the Company is a party Financing Documents or the CharterCharter (as such terms are defined in the Purchase Agreement).
Appears in 1 contract
Samples: Investor Rights Agreement (Coley Pharmaceutical Group, Inc.)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party Agreement or the CharterWarrants as set forth in the Warrant Certificate.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (PRT Group Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiary which it may create shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Stock Restriction Agreement or the CharterCertificate of Incorporation.
Appears in 1 contract
Samples: Convertible Preferred Stock and Warrant Purchase Agreement (Medical Sterilization Inc)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not become a party to to, or bound by, any agreement which, that by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party its Charter or the CharterRegistration Rights Agreement.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Chesapeake Biological Laboratories Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of any of this Agreement, the Ancillary Agreements to which the Company is a party Transaction Documents or the Charter.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Starmedia Network Inc)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not --------------------------------- become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Registration Rights Agreement, the Company is a party Stock Purchase Warrant or the Charter.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Adolor Corp)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not become a party to to, or bound by, any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party its Charter or the CharterRegistration Rights Agreement.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Chesapeake Biological Laboratories Inc)
Restrictive Agreements Prohibited. Neither the Company nor any --------------------------------- of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party any Related Agreement, or the Charter.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Unifi Communications Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Third Amended and Restated Registration Rights Agreement the Company is a party Amended and Restated Stock Restriction Agreement or the Charter.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Careerbuilder Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiary shall become a party to any agreement which, that by its terms, terms restricts the Company’s ability to perform under or comply with the terms performance of this Agreement, the Ancillary Agreements to which any other agreement between the Company is a party and the Preferred Holders, the Company’s Certificate of Incorporation or the CharterBylaws, each as amended and in effect from time to time.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Power Medical Interventions, Inc.)
Restrictive Agreements Prohibited. Neither the The Company nor any of and its subsidiaries, if any, subsidiaries shall not become a party to any agreement whichagreement, which by its terms, terms restricts the Company’s ability to perform under performance of this Agreement or comply with the terms of this Agreement, the Ancillary Agreements to which the Company is a party or the Charterits Corporate Documents.
Appears in 1 contract
Samples: Investor Rights Agreement (Regentis Biomaterials Ltd.)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, that by its terms, terms restricts the Company’s ability to perform under or comply with performance of any of the terms of this Agreement, the Ancillary Agreements to which the Company is a party Financing Documents or the Charter.
Appears in 1 contract
Samples: Joinder Agreement (Intellon Corp)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under this Agreement or comply with the terms its certificate of this Agreement, the Ancillary Agreements to which the Company is a party or the Charterincorporation.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company Corporation nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the CompanyCorporation’s ability to perform under or comply with the terms performance of this Agreement, the Ancillary Agreements to which Series G Agreement, the Company is a party Transaction Documents (as defined in the Series G Agreement) or the CharterCorporation’s Certificate of Incorporation or Bylaws.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party Agreement or the CharterCertificate of Incorporation.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms performance of this Agreement, the Ancillary Agreements to which the Company is a party or the Charter.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party Second Amended Registration Rights Agreement or the Charter.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Careerbuilder Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with 's performance of any of the terms of this Agreement, the Ancillary Agreements to which the Company is a party or the CharterTransaction Documents.
Appears in 1 contract
Samples: Convertible Debenture Purchase Agreement (Kennedy Wilson Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with performance of any of the terms of this Agreement, the Ancillary Agreements to which the Company is a party Transaction Documents or the CharterBy-Laws or Certificate of Incorporation of the Company, as amended (the “Certificate”) or the by-laws, articles of incorporation, articles of association and certificate of incorporation, as applicable, of any of the Subsidiaries of the Company.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, Subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which Purchase Agreement, the Company is a party or the Charter.Amended and
Appears in 1 contract
Samples: Rights Agreement (Gene Logic Inc)
Restrictive Agreements Prohibited. Neither the The Company nor any of its subsidiaries, if any, shall not become a party to any agreement which, which by its terms, terms restricts the Company’s 's ability to perform under or comply with and perform its obligations under the terms Transaction Documents and the Series D Certificate of this Agreement, Designation and the Ancillary Agreements to which By-Laws of the Company is a party or the CharterCompany.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms performance of any of this Agreement, the Ancillary Agreements to which the Company is a party Purchase Agreement or any other agreements reference therein or the CharterRestated Certificate.
Appears in 1 contract
Samples: Investor Rights Agreement (Five Prime Therapeutics Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, the Ancillary Agreements to which the Company is a party Amended Registration Rights Agreement or the Charter.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Careerbuilder Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms 's performance of this Agreement, any of the Ancillary Agreements to which the Company is a party other Transaction Documents or the CharterCertificate of Incorporation.
Appears in 1 contract
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, if any, subsidiaries shall become a party to any agreement which, which by its terms, terms restricts the Company’s ability to perform under or comply with the terms performance of this Agreement, the Ancillary Agreements to which the Company is a party Agreement or the CharterCertificate of Designations.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Avalon Pharmaceuticals Inc)
Restrictive Agreements Prohibited. Neither the Company nor any of its subsidiaries, subsidiaries (if any, ) shall become a party to any agreement which, which by its terms, terms materially restricts the Company’s ability to perform performance under the Company’s Certificate of Incorporation, or comply with restricts the terms of this Agreement, Company’s performance under the Ancillary Agreements to which Amended and Restated Voting Agreement dated on or about the date hereof among the Company is a party and certain stockholders of the Company, as such may be amended, restated, supplemented or otherwise modified from time to time (the Charter“Voting Agreement”).
Appears in 1 contract
