Common use of Restrictive Agreements Prohibited Clause in Contracts

Restrictive Agreements Prohibited. Through and including the Second Closing, the Company shall not become a party to any agreement which by its terms violates the terms of the Carlyle Purchase Agreement, the terms of the Series B Preferred Stock as set forth in the Series B Certificate of Designation, the terms of the Series C Preferred Stock as set forth in the Series C Certificate of Designation, the terms of the Series D Preferred Stock as set forth in the Series D Certificate of Designation, or the terms of the Carlyle Warrants. From and after the Second Closing, the Company shall not become a party to any agreement which by its terms violates the terms of the Series C Preferred Stock as set forth in the Series C Certificate of Designation or the terms of the Series D Preferred Stock as set forth in the Series D Certificate of Designation.

Restrictive Agreements Prohibited. Through and including the Second Closing, the Company shall not become a party to any agreement which by its terms violates the terms of the Carlyle GE Purchase Agreement, the terms of the Series B Preferred Stock as set forth in the Series B Certificate of Designation, the terms of the Series C Preferred Stock as set forth in the Series C Certificate of Designation, the terms of the Series D Preferred Stock as set forth in the Series D Certificate of Designation, or the terms of the Carlyle GE Warrants. From and after the Second Closing, the Company shall not become a party to any agreement which by its terms violates the terms of the Series C B Preferred Stock as set forth in the Series C B Certificate of Designation or the terms of the Series D Preferred Stock as set forth in the Series D Certificate of DesignationDesignation .