COVENANTS BY THE COMPANY. The Company covenants and agrees as follows:
COVENANTS BY THE COMPANY. The Company agrees Subscribers shall have the certain registration rights with respect to the shares of Common Stock underlying the Units issued to Subscribers pursuant to the terms of the Registration Rights Agreement annexed hereto as EXHIBIT C.
COVENANTS BY THE COMPANY. 10.1 The Company shall use its best efforts to procure all consents, approvals, waivers, authorizations from any third party or any permits, approvals, waivers of or any registration or filings (if required by laws) with any governmental authority required for the execution and performance of this Agreement and the Plegded Equity Interests under this Agreement which shall remain valid in full during the effective term of this Agreement.
COVENANTS BY THE COMPANY. 3.1 Until the earlier of (i) twelve (12) months following the Initial Closing Date (as defined in the PPM) or (ii) such date that there is an effective registration statement on file with the SEC covering the resale of all of the shares of Common Stock issued in the Offering and all shares of Common Stock issuable upon exercise of the Warrants issued in the Offering, in the event that the Company issues or sells any shares of Common Stock or any Common Stock Equivalents (as defined below) pursuant to which shares of Common Stock may be acquired at a price less than $2.00 per share, then the Company shall promptly issue additional shares of Common Stock to the Subscriber in an amount sufficient that the subscription price paid hereunder, when divided by the total number of shares issued will result in an actual price paid per share of Common Stock hereunder equal to such lower price (this is intended to be a “full ratchet” adjustment). Such adjustment shall be made successively whenever such an issuance is made. Notwithstanding the foregoing, this Section 3.1 shall not apply in respect of an Exempt Issuance (as defined below).
COVENANTS BY THE COMPANY. 5.01 The Company will reserve, and there will remain unissued out of its authorized capital, a sufficient number of shares to satisfy the rights of purchase provided for in all Warrants from time to time outstanding.
COVENANTS BY THE COMPANY. The Company covenants with the Noteholders and each of them duly to perform and observe the obligations on its part contained in this Instrument (including, without limitation, the Second and Third Schedules) to the intent that this Instrument shall ensure for the benefit of all Noteholders each of whom may sue for the performance or observance of the provisions of this Instrument so far as his holding of Notes is concerned.
COVENANTS BY THE COMPANY. The Company hereby covenants and agrees as follows:
COVENANTS BY THE COMPANY. The Company HEREBY COVENANTS with the Noteholders and each of them to comply with the terms of the Notes and to observe and perform the Conditions, which conditions shall be deemed to be incorporated in this instrument and shall be binding on the Company and the Noteholders and all persons claiming through or under them respectively.
COVENANTS BY THE COMPANY. 7.01 The Company covenants with the Agent that:
COVENANTS BY THE COMPANY. In further consideration of the agreements by the Dealer-Manager herein contained, the Company covenants as follows:
