Ability to Pay Dividends. Except as set forth on Section 3.28 of the Company Disclosure Letter, the Company is not party to any Contract, and is not subject to any provision in the Charter or resolutions of the board of directors of the Company that, in each case, by its terms prohibits or prevents the Company from paying dividends in form and the amounts contemplated by the Certificate of Designations.
Appears in 3 contracts
Sources: Series B Convertible Preferred Stock Purchase Agreement (Comscore, Inc.), Series B Convertible Preferred Stock Purchase Agreement (Comscore, Inc.), Series B Convertible Preferred Stock Purchase Agreement (Comscore, Inc.)
Ability to Pay Dividends. Except as set forth on Section 3.28 of the Company Disclosure Letter, the The Company is not party to any material Contract, and is not subject to any provision in the Company Charter Documents or resolutions of the board of directors of the Company Board that, in each case, by its terms prohibits or prevents the Company from paying dividends in form and the amounts contemplated by the Certificate of Designations.
Appears in 2 contracts
Sources: Investment Agreement (Lordstown Motors Corp.), Investment Agreement (Box Inc)
Ability to Pay Dividends. Except as set forth on Section 3.28 of the Company Disclosure Letter, the The Company is not party to any material Contract, and is not subject to any provision in the Company Charter Documents or resolutions of the board of directors of the Company Board that, in each case, by its terms prohibits or prevents the Company from paying dividends in form and the amounts contemplated by the Certificate Certificates of Designations. The Company and its Subsidiaries have no outstanding indebtedness for borrowed money.
Appears in 1 contract
Sources: Investment Agreement (Zix Corp)