Common use of Additional Covenant Clause in Contracts

Additional Covenant. (a) The Company's Board of Directors shall not take any action for the sole purpose of negatively impacting the Preferred Stock and to positively impact the Common Stock in the event that (i) the Purchaser owns at least 50.1% of the Preferred Stock outstanding immediately following the Closing; (ii) the Purchaser shall have notified the Company of the Purchaser's objections to such proposed action; (iii) Peter B. Yunich or such other Preferred Designee voted against sucx xxxxxx xx x xeeting of the Board of Directors at which such action was proposed; and (iv) such action caused (A) a material harm to the holders of the Preferred Stock and (B) a material benefit to the Common Stock. Cash dividends to holders of Common Stock shall not be deemed action taken within the meaning of this Section 5.5.

Additional Covenant. (a) The Company's Board of Directors shall not take any action for the sole purpose of negatively impacting the Preferred Stock and to positively impact the Common Stock in the event that (i) the Purchaser owns at least 50.1% of the Preferred Stock outstanding immediately following the ClosingStock; (ii) the Purchaser shall have notified the Company of the Purchaser's objections to such proposed action; (iii) Peter B. Yunich or such other Preferred xxxx xxxxx Xreferred Designee voted against sucx xxxxxx xx x xeeting such action at a meeting of the Board of Directors at which such action was proposed; and (iv) such action caused (A) a material harm to the holders of the Series A Preferred Stock and (B) a material benefit to the Common Stock. Cash dividends to holders of Common Stock shall not be deemed action taken within the meaning of this Section 5.5.

Additional Covenant. (a) The Company's Board of Directors shall not take any action for the sole purpose of negatively impacting the Preferred Stock and to positively impact the Common Stock in the event that (i) the Purchaser owns at least 50.1% of the Preferred Stock outstanding immediately following the ClosingStock; (ii) the Purchaser shall have notified the Company of the Purchaser's objections to such proposed action; (iii) Peter B. Yunich or such other Preferred Designee voted against sucx such xxxxxx xx x xeeting a meeting of the Board of Directors at which such action was proposed; and (iv) such action caused (A) a material harm to the holders of the Series A Preferred Stock and (B) a material benefit to the Common Stock. Cash dividends to holders of Common Stock shall not be deemed action taken within the meaning of this Section 5.5.

Additional Covenant. (a) The Company's Board of Directors shall not take any action for the sole purpose of negatively impacting the Preferred Stock and to positively impact the Common Stock in the event that (i) the Purchaser owns at least 50.1% of the Preferred Stock outstanding immediately following the Closing; (ii) the Purchaser shall have notified the Company of the Purchaser's objections to such proposed action; (iii) Peter B. Yunich or such other Preferred Designee voted against sucx such xxxxxx xx x xeeting xxxting of the Board of Directors at which such action was proposed; and (iv) such action caused (A) a material harm to the holders of the Preferred Stock and (B) a material benefit to the Common Stock. Cash dividends to holders of Common Stock shall not be deemed action taken within the meaning of this Section 5.5.