Contrary Positions Sample Clauses

Contrary Positions. The Company covenants and agrees not to take any position contrary to (x) the representations set forth in Section 3.1(hh) and Section 3.1(jj), as if each such representation was made on any date from and after the Closing Date assuming (i) the facts and circumstances that exist as of the Closing Date are not materially changed by a Purchaser and (ii) with respect to the representation in clause (ii) of the first sentence of Section 3.1(jj), the Purchaser Condition is satisfied or (y) any of its other representations set forth herein, as if each such representation was made on the Closing Date, assuming the facts and circumstances that exist as of the Closing Date with respect to such representations are not materially changed. The Company acknowledges and agrees that, with respect to Section 3.1(hh) neither an exercise of any or all of the Warrants, the Series F 2015 Warrants, the 2012 Warrants or the 2014 Warrants (assuming the exercise in full of the Warrants, the Series F 2015 Warrants, the 2012 Warrants and the 2014 Warrants without regard to any limitations on exercise of the Warrants, the Series F 2015 Warrants, the 2012 Warrants or the 2014 Warrants) nor any waiver of Section 2(d) of the Warrants in accordance with the terms thereof shall be deemed to be a material change in the facts and circumstances that exist as of the Closing Date.