Company Agreements. The Company shall have delivered:
Company Agreements. Except as set forth on Schedule 3.07, no default by the Company or, to the knowledge of the Company, any other party, exists in the due performance under any material agreement to which the Company is a party or to which any of its assets is subject (collectively, the “Company Agreements”). The Company Agreements are in full force and effect in accordance with their respective terms, subject to any applicable bankruptcy, insolvency or other laws affecting the rights of creditors generally and to general equitable principles and the availability of specific performance.
Company Agreements. (a) Schedule 5.13(a) lists as of the date of this Agreement (i) each Company Agreement that is material to the business, assets, liabilities, results of operation, operations or financial condition of the Company taken as a whole, and (ii) without regard to materiality, each of the following:
Company Agreements. If upon exercise of this warrant (other than in connection with an Acquisition or an initial public offering of the Company’s common stock) Holder continues to hold the Shares, upon the request of the Company, Holder shall execute a counterpart signature page to the investor and stockholder agreements governing the rights and obligations in respect to the Series A Preferred Stock, including without limitation the XXX.
Company Agreements. The Board has granted waivers from the Related Party Limit to the Owners in excess of the Related Party Limit pursuant to its authority provided in Section 4(l)(iii) of Division B of the Articles. A copy of the Board resolution granting such waiver is attached as Exhibit B hereto.
Company Agreements. The Company agrees with each Underwriter that:
Company Agreements. Following the exercise of this warrant, upon the request of the Company, Holder shall execute a counterpart signature page to the investor and stockholder agreements governing the rights and obligations in respect of the Company’s Series A Preferred Stock.
Company Agreements. Except as set forth on Schedule 3.17 hereto or any other Schedule hereto, the Company is not a party to:
Company Agreements. The Investor hereby agrees and acknowledges that (i) the Company may enter into a Management Incentive Plan on terms substantially consistent with the terms set forth on Exhibit D after the Subscription Closing and before the Closing, (ii) the Company may enter into subscription agreements and related side letter agreements as part of the Private Placement after the Subscription Closing and before the Closing, with up to two (2) Additional Investors on terms substantially consistent with the terms set forth on Exhibit E, and (iii) the forms of the Shareholders Agreement and the Bye-laws may be revised to reflect such Management Incentive Plan, and any such subscription by an Additional Investor, as the Company deems appropriate consistent with Exhibits D and E, as applicable; provided, however, that, other than as set forth on Exhibit E, any such Additional Investor shall subscribe for Class A Shares on terms substantially similar to the terms agreed to by the Investor and, in any case, each such Additional Investor (x) shall acquire its initial Share at the Closing, (y) shall have a commitment period equal to the Commitment Period and (z) shall subscribe for Shares at a purchase price of EUR 10.00 per Share. AGER BERMUDA HOLDING LTD. – SUBSCRIPTION AGREEMENT
