Tacking. Each Lender must perform its obligations under the Credit Agreement (including any obligation to make available further advances).
Tacking. Subject to the truth and accuracy of the Investor’s representations set forth in Section 6 of this Agreement, the parties acknowledge and agree that in accordance with Section 3(a)(9) of the Securities Act, the Exchange Securities issued in exchange for the Existing Securities will tack back to the original issue dates of each of the Existing Securities pursuant to Rule 144 and the Company agrees not to take a position to the contrary.
Tacking. Subject to the truth and accuracy of the Holder’s representations set forth in Section 4 of this Agreement, the parties acknowledge and agree that in accordance with Section 3(a)(9) of the Securities Act, the Exchange Securities issued in exchange for Held Stock will tack back to the original issue date of such Held Stock for purposes of Rule 144 and the Company agrees not to take a position to the contrary.
Tacking. If Executive violates any of the above Post-Employment Restrictions, the time period for such restriction will be extended by that number of days which equals the aggregate of all days during which at any time any such violations occurred.
Tacking. Each Bank shall perform its obligations under the Credit Agreement (including any obligation to make available further advances).
Tacking. Each Finance Party must perform its obligations under the Credit Agreement (including any obligation to make available further advances).
Tacking. For the purpose of applying section 282 of the Corporations Law or any equivalent provision in any jurisdiction, if the Financier is obliged to make further advances under a Relevant Agreement, that Relevant Agreement is taken to be incorporated in this document so that this document imposes on the Financier an obligation to advance that money.
Tacking. This Mortgage is made to secure any further advances or other facilities made available by the Lenders under the Loan Documents.
Tacking. The sole consideration for the issuance of the Exchange Shares is the Investor’s surrender of the Warrant. The Exchange Shares are being issued in a cashless exchange for the Warrant in reliance on the exemption from registration provided by Section 3(a)(9) of the Securities Act of 1933, as amended (the “Securities Act”). The Company agrees not to take any position contrary to the Investor’s position that the Investor can tack the holding period of the Warrant. The Company shall cause its legal counsel to issue a customary legal opinion letter under Rule 144 under the Securities Act covering the Investor’s resale of the Exchange Shares (the “Company Counsel Opinion”) on or before the Deadline. Assuming the accuracy of the representations and warranties of the Investor set forth in Section 3 of this Agreement, the issuance by the Company of the Exchange Shares is exempt from the registration requirements of the Securities Act under Section 3(a)(9) of the Securities Act. The Company has not, nor has any person acting on its behalf, directly or indirectly made any offers or sales of any security or solicited any offers to buy any security under circumstances that would cause the Exchange and the issuance of the Exchange Shares pursuant to this Agreement to be integrated with prior offerings by the Company for purposes of the Securities Act which would prevent the Company from delivering the Exchange Shares to the Investor pursuant to Section 3(a)(9) of the Securities Act, nor will the Company take any action or steps that would cause the Exchange or issuance and delivery of the Exchange Shares to be integrated with other offerings to the effect that the delivery of the Exchange Shares to the Investor would be seen not to be exempt pursuant to Section 3(a)(9) of the Securities Act. The Company has not paid or given, and has not agreed to pay or give, directly or indirectly, any commission or other remuneration for soliciting the Exchange. The Exchange Shares are being issued exclusively for the exchange of the Warrant and no other consideration has or will be paid for the Exchange Shares.
Tacking. Each Senior Lender must perform its obligations under the Senior Documents (including any obligation to make available further advances).
