XxxXxx Approval. Purchaser shall have received evidence satisfactory to it of the consent of MidCap Funding X Trust to the incurrence of Debt under the Third Subordinated Note pursuant to the terms and conditions of an amendment to the MidCap Intercreditor Agreement in a form and substance satisfactory to the Purchaser in its sole discretion.
XxxXxx Approval. The Company shall not without the prior written consent of Xxxxxx enter into any agreement which by its terms restricts the Company's performance of the terms of the Series B Preferred Stock, the Series B Stock Purchase Agreement or this Investor Rights Agreement.
XxxXxx Approval. The Company shall have no obligation hereunder and this Agreement shall not be binding on the Company until or unless the terms and conditions hereof; and/or the Company’s entry into this Agreement, have been approved by Xxxxxx (as defined below).
XxxXxx Approval. The Investor shall have no obligation hereunder and this Agreement shall not be binding on the Investor until or unless all the terms and conditions hereof, and/or the Company’s entry into this Agreement, have been approved by Xxxxxx.
XxxXxx Approval. Xxxxxx will have no right to reject or to prevent HealthCentral from including specific advertising on any pages within the HealthCentral Network which contain Xxxxxx Content except that no actual or implied endorsement by Xxxxxx shall be created thereby. Notwithstanding the foregoing, Xxxxxx reserves the right to request that HealthCentral refuse to display, or remove, any Advertising from pages of the HealthCentral Network containing Xxxxxx Content (i) that would violate any applicable law, regulation or third party right, or (ii) that Xxxxxx in good faith reasonably determines: (x) is inappropriate, (y) may result in liability or adverse publicity to Xxxxxx, or (z) may otherwise damage the reputation or goodwill associated with Xxxxxx and the Name; and HealthCentral shall use reasonable commercial efforts to comply with such request.
XxxXxx Approval. The Purchaser shall have received a document executed by Xxxxxx that indicates that he (A) approves the cancellation and extinguishment of the Xxxxxx Rights Plan in exchange for the right to receive the Merger Consideration as set forth in, and in accordance with the provisions of, Section 2.1(b) and (B) approves the appointment of the Stockholder Representative in accordance with Section 11.1.
XxxXxx Approval. (i) Purchaser and MidCap Funding X Trust shall have entered into that certain First Amendment to Intercreditor Agreement, in a form and substance satisfactory to the Purchaser in its sole discretion.
(ii) Purchaser shall have entered into that certain Amendment No. 10 and Joinder Agreement to Credit and Security Agreement, among the Company the other Obligors party thereto and MidCap Funding X Trust, in a form and substance substantially as the form furnished to the Purchaser prior to the Closing Date.
XxxXxx Approval. Avion’s acceptance in writing of any Material Adverse Effect.
XxxXxx Approval. After Xxxxxx has accepted the first unit of a particular Product, Xxxxxx may not make any change to that Product affecting form, fit, function, reliability, serviceability, performance, functional interchangeability or interface capability without obtaining the written approval of Xxxxxx at least sixty (60) calendar days before the change is implemented. In considering whether to grant approval, Xxxxxx may specify that certain tests be performed in order to qualify a change or deviation.
