Common use of Directly or Indirectly Clause in Contracts

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 219 contracts

Sources: Registration Rights Agreement (Old Glory Holding Co), Business Combination Agreement (Banyan Acquisition Corp), Business Combination Agreement (Banyan Acquisition Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 112 contracts

Sources: Note Purchase and Private Shelf Agreement (Tractor Supply Co /De/), Note Purchase and Private Shelf Agreement (Old Dominion Freight Line, Inc.), Note Purchase and Private Shelf Agreement (Tractor Supply Co /De/)

Directly or Indirectly. Where If any provision in this Agreement refers to any action taken or to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, whether or not expressly specified in such provision.

Appears in 81 contracts

Sources: Credit Agreement (Gray Media, Inc), Third Amended and Restated Multicurrency Revolving Credit Agreement (American Tower Corp /Ma/), Term Loan Agreement (American Tower Corp /Ma/)

Directly or Indirectly. Where any provision in this Agreement herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 30 contracts

Sources: Warrant Agreement (Trinity Place Holdings Inc.), Warrant Agreement (Ares Management LLC), Warrant Agreement (BioScrip, Inc.)

Directly or Indirectly. Where any provision in this the Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 18 contracts

Sources: Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 17 contracts

Sources: Inventory Loan and Security Agreement (Diamond Resorts Corp), Inventory Loan and Security Agreement (Diamond Resorts Corp), Inventory Loan and Security Agreement (Silverleaf Resorts Inc)

Directly or Indirectly. Where any provision in this Agreement herein refers to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 16 contracts

Sources: Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any Affiliate of such Person.

Appears in 15 contracts

Sources: Limited Liability Company Agreement (Phoenix Energy One, LLC), Limited Liability Company Agreement (Phoenix Capital Group Holdings, LLC), Limited Liability Company Agreement

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson.

Appears in 15 contracts

Sources: Limited Liability Company Operating Agreement (Oak Street Health, Inc.), Limited Liability Company Operating Agreement (Oak Street Health, Inc.), Limited Liability Company Agreement (Iridium Communications Inc.)

Directly or Indirectly. Where any provision in this Agreement refers to action actions to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 15 contracts

Sources: Note Agreement (Gorman Rupp Co), Private Shelf Agreement (Winmark Corp), Note Purchase and Private Shelf Agreement (Centerspace)

Directly or Indirectly. Where any Any provision in this Agreement refers referring to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 13 contracts

Sources: u.s. Wireless Alliance Agreement (Verizon Wireless Capital LLC), Note Purchase Agreement (Unified Western Grocers Inc), Exclusive Management Agreement (Crown Castle International Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall will be applicable whether such action is taken directly or indirectly by such Person.

Appears in 13 contracts

Sources: Agreement and Plan of Merger (Vista Outdoor Inc.), Agreement and Plan of Merger (Vista Outdoor Inc.), Limited Liability Company Operating Agreement

Directly or Indirectly. Where When any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such where the action in question is taken directly or indirectly by such Personindirectly.

Appears in 12 contracts

Sources: Quarterly Report, Loan Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc)

Directly or Indirectly. Where any provision in this Agreement refers to any action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 12 contracts

Sources: Warrant Agreement (Aquagenix Inc/De), Warrant Agreement (Suprema Specialties Inc), Warrant Agreement (Fresh America Corp)

Directly or Indirectly. Where any provision in this Agreement ---------------------- refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 11 contracts

Sources: Securities Purchase Agreement (Scottish Annuity & Life Holdings LTD), Stockholders Agreement (Knoll Inc), Shareholder Agreements (Coolsavings Com Inc)

Directly or Indirectly. Where any provision in this the Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable applicable, whether such action is taken directly or indirectly by such Person.

Appears in 11 contracts

Sources: Loan and Security Agreement (Diamond Resorts Parent, LLC), Receivables Loan and Security Agreement (Diamond Resorts Parent, LLC), Loan and Security Agreement (Equivest Finance Inc)

Directly or Indirectly. Where any provision in of this Agreement refers to action actions to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 9 contracts

Sources: Note Purchase Agreement (Hologram USA Networks Inc.), Securities Purchase and Exchange Agreement (Flotek Industries Inc/Cn/), 364 Day Credit Agreement (Jp Foodservice Inc)

Directly or Indirectly. Where If any provision in this Agreement refers to any action taken or to be taken by any Person, Person or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, whether or not expressly specified in such provision.

Appears in 8 contracts

Sources: Credit Agreement (EnergySolutions, Inc.), Amendment Agreement (EnergySolutions, Inc.), Amendment Agreement (EnergySolutions, Inc.)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Personperson, including actions taken by or on behalf of any Affiliate of such person.

Appears in 8 contracts

Sources: Employment Agreement (Rapid Therapeutic Science Laboratories, Inc.), Employment Agreement (Rapid Therapeutic Science Laboratories, Inc.), Securities Purchase Agreement (Rice Energy Inc.)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which that such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 7 contracts

Sources: Demand Line of Credit Agreement (Artesian Resources Corp), Term Loan Credit Agreement (Chesapeake Utilities Corp), Term Loan Credit Agreement (Chesapeake Utilities Corp)

Directly or Indirectly. Where any provision in this Agreement refers ---------------------- to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson.

Appears in 7 contracts

Sources: Employment Agreement (Etinuum Inc), Employment Agreement (Etinuum Inc), Employment Agreement (Etinuum Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such PersonPerson including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 7 contracts

Sources: Note Purchase Agreement (System Energy Resources Inc), Note Purchase Agreement (System Energy Resources Inc), Note Purchase Agreement (System Energy Resources Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, taking such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 7 contracts

Sources: Preferred Stock Purchase Agreement (Environmental Tectonics Corp), Debenture Purchase Agreement (Altris Software Inc), Debenture Purchase Agreement (Environmental Tectonics Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by by, or prohibited to be taken by, any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 6 contracts

Sources: Note Purchase Agreement (E Loan Inc), Securities Purchase Agreement (Ribozyme Pharmaceuticals Inc), Purchase Agreement (Ribozyme Pharmaceuticals Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall will be applicable whether such action is taken directly or indirectly by such Personperson.

Appears in 6 contracts

Sources: Registration Rights Agreement (Axm Pharma Inc), Registration Rights Agreement (Zhongpin Inc.), Registration Rights Agreement (Strong Technical Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken or not to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 6 contracts

Sources: Credit and Security Agreement (Option Care Inc/De), Credit Agreement (Computer Task Group Inc), Credit Agreement (Hawk Corp)

Directly or Indirectly. Where any Any provision in of this Agreement which refers to an action to which may be taken by any Person, or which such a Person is prohibited from taking, such provision shall be applicable whether include any such action is taken directly or indirectly by or on behalf of such Person, including by or on behalf of any Affiliate, partner or agent of such Person.

Appears in 5 contracts

Sources: Operating Agreement (Pacific Entertainment Corp), Limited Liability Company Operating Agreement (FX Real Estate & Entertainment Inc.), Operating Agreement (Sports Entertainment Enterprises Inc)

Directly or Indirectly. Where If any provision in this Agreement ---------------------- refers to any action taken or to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, whether or not expressly specified in such provision.

Appears in 5 contracts

Sources: Loan Agreement (American Tower Corp /Ma/), Loan Agreement (American Tower Corp /Ma/), Loan Agreement (American Tower Corp /Ma/)

Directly or Indirectly. Where any provision in this Agreement ---------------------- refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 5 contracts

Sources: Securities Purchase Agreement (Online System Services Inc), Purchase Agreement (Worldcorp Inc), National Marketing and Distribution Agreement (Retractable Technologies Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall will be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 5 contracts

Sources: Bond Purchase Agreement (Southwest Water Co), Bond Purchase Agreement (Southwest Water Co), Bond Purchase Agreement (Southwest Water Co)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson or entity, or which such Person person or entity is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson or entity.

Appears in 4 contracts

Sources: Securities Purchase Agreement (On Technology Corp), Asset Purchase Agreement (Guardian International Inc), Securities Purchase Agreement (Insignia Solutions PLC)

Directly or Indirectly. Where any provision in of this Agreement refers to action actions to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson.

Appears in 4 contracts

Sources: Securities Purchase and Exchange Agreement (White Owl Investors LLC), Securities Purchase Agreement (White Owl Capital Partners), Securities Purchase and Exchange Agreement (Ponder Industries Inc)

Directly or Indirectly. Where any provision in this Agreement herein refers to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including, without limitation, actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 4 contracts

Sources: Note Purchase Agreement (Smith & Nephew PLC), Note Purchase Agreement (Ace Cash Express Inc/Tx), Note and Stock Purchase Agreement (Niagara Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any Affiliate of such Person.

Appears in 4 contracts

Sources: Limited Partnership Agreement (Athlon Energy Inc.), Limited Partnership Agreement (Athlon Energy Inc.), Limited Partnership Agreement (Carlyle Group L.P.)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person or any Subsidiary or agent of such Person or otherwise at the request, direction or for the benefit of such Person.

Appears in 4 contracts

Sources: Convertible Note Agreement (Solpower Corp), Note Agreement (Soy Environmental Products Inc), Private Placement Memorandum (Soy Environmental Products Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson or entity, or which that such Person person or entity is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson or entity.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Encore Capital Group Inc), Securities Purchase Agreement (Encore Capital Group Inc), Securities Purchase Agreement (Pioneer Drilling Co)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which where such Person is prohibited from takingtaking such action, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 3 contracts

Sources: Loan Agreement (Gexa Corp), Note Agreement (Acr Group Inc), Loan Agreement (Arabian American Development Co)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 3 contracts

Sources: Convertible Preference Share Purchase Agreement (Alibaba Group Holding LTD), Share Purchase and Investor Rights Agreement (Alibaba Group Holding LTD), Convertible Preference Share Purchase Agreement (Alibaba Group Holding LTD)

Directly or Indirectly. Where any provision in this Agreement Indenture refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 3 contracts

Sources: Trust Indenture and Security Agreement (Noble Drilling Corp), Trust Indenture and Security Agreement (R&b Falcon Corp), Trust Indenture and Security Agreement (Noble Drilling Corp)

Directly or Indirectly. Where any Any provision in of this Agreement which refers ---------------------- to an action to which may be taken by any Person, or which such a Person is prohibited from taking, such provision shall be applicable whether include any such action is taken directly or indirectly by or on behalf of such Person, including by or on behalf of any Affiliate or agent of such Person.

Appears in 3 contracts

Sources: Limited Liability Company Agreement (Craig Corp), Limited Liability Company Agreement (Reading Entertainment Inc), Limited Liability Company Agreement (Craig Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.. * * * * *

Appears in 3 contracts

Sources: Merger Agreement (Superior Consultant Holdings Corp), Merger Agreement (Metzler Group Inc), Merger Agreement (Superior Consultant Holdings Corp)

Directly or Indirectly. Where any Any provision in this Agreement refers referring to action to be taken by that any Person, or which such Person is prohibited from taking, such provision taking shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 3 contracts

Sources: Bond Purchase Agreement, Bond Purchase Agreement (Yankee Energy System Inc), Bond Purchase Agreement (Northeast Utilities System)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership or limited liability company in which such Person is a general partner or managing member, as applicable.

Appears in 3 contracts

Sources: Noteholder Forbearance Agreement (National Consumer Cooperative Bank /Dc/), Noteholder Forbearance Agreement (National Consumer Cooperative Bank /Dc/), Noteholder Amendment Agreement (Butler Manufacturing Co)

Directly or Indirectly. Where any provision in this Agreement refers ---------------------- refer to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 2 contracts

Sources: Registration Rights Agreement (Prosoft I Net Solutions Inc), Registration Rights Agreement (Prosofttraining Com)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person. .

Appears in 2 contracts

Sources: Note Agreement (World Acceptance Corp), Note Agreement (Carter Wallace Inc /De/)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 2 contracts

Sources: Note Purchase Agreement (Crown Pacific Partners L P), Note Purchase Agreement (Crown Pacific Partners L P)

Directly or Indirectly. Where any provision in this Participation Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 2 contracts

Sources: Participation Agreement (Old Dominion Electric Cooperative), Participation Agreement (Old Dominion Electric Cooperative)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.. -42-

Appears in 2 contracts

Sources: Note Agreement (Universal Forest Products Inc), Note Agreement (Universal Forest Products Inc)

Directly or Indirectly. Where any provision in this Agreement refers ---------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 2 contracts

Sources: Registration Rights Agreement (Prosoft I Net Solutions Inc), Securities Purchase Agreement (Odetics Inc)

Directly or Indirectly. Where any provision in this Agreement herein refers to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any limited liability company or partnership in which such Person is a member or general partner, respectively.

Appears in 2 contracts

Sources: Loan Agreement (GTJ REIT, Inc.), Loan Agreement (Pope Resources LTD Partnership)

Directly or Indirectly. Where any Any provision in this Agreement refers referring ---------------------- to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 2 contracts

Sources: Formation Agreement (Crown Castle International Corp), Asset Purchase Agreement (Crown Castle International Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.person. # # #

Appears in 2 contracts

Sources: Securities Purchase Agreement (Wynnchurch Capital Partners Lp), Securities Purchase Agreement (Alternative Resources Corp)

Directly or Indirectly. Where any provision in this Agreement refers to ---------------------- action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 2 contracts

Sources: Shareholders Agreement (Renaissancere Holdings LTD), Subscription Agreement (Eagle Family Foods Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.. [The rest of this page is intentionally left blank – Signature page follows]

Appears in 2 contracts

Sources: Asset Sale and Purchase Agreement (GTJ REIT, Inc.), Asset Sale and Purchase Agreement (GTJ REIT, Inc.)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person, directly or indirectly, through one or more intermediaries.

Appears in 2 contracts

Sources: Merger Agreement (Transport Corporation of America Inc), Stock Purchase Agreement (Aasche Transportation Services Inc)

Directly or Indirectly. Where any provision in this Agreement refers to an action to be taken by any Person, or to an action which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Note Purchase Agreement (Pentair Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Personperson.

Appears in 1 contract

Sources: Shareholder Rights Agreement (Yellowbrix Inc)

Directly or Indirectly. Where any provision in this Agreement refers ----------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Loan and Security Agreement (Mego Financial Corp)

Directly or Indirectly. Where any provision in this ----------------------------------- Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Note Agreement (U S Rentals Inc)

Directly or Indirectly. Where any Any provision in this Agreement refers referring to action to be taken by which any Person, or which such Person is prohibited from taking, such provision taking shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Bond Purchase Agreement (Yankee Energy System Inc)

Directly or Indirectly. Where any Any provision in this Agreement refers ---------------------- referring to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Stock Purchase Agreement (Cdnow Inc)

Directly or Indirectly. Where any Any provision in iN this Agreement refers referring to action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Note Purchase Agreement (Pioneer Standard Electronics Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson or entity, or which such Person person or entity is prohibited from taking, such provision provi sion shall be applicable whether such the action in question is taken directly or indirectly by such Person.person or entity. * * * * *

Appears in 1 contract

Sources: Asset Purchase Agreement (Republic Industries Inc)

Directly or Indirectly. Where any provision in this Agreement ---------------------- refers to action to be taken or not to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Credit Agreement (Act Manufacturing Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson, or which such Person person is prohibited from taking, taking such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson.

Appears in 1 contract

Sources: Loan Agreement (Bikers Dream Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person., directly or indirectly, through one or more intermediaries. * * * * *

Appears in 1 contract

Sources: Stock Purchase Agreement (Superior Consultant Holdings Corp)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken taken, directly or indirectly by such Person, including actions taken by or on behalf of any Affiliate of such Person.

Appears in 1 contract

Sources: Equity Capital Contribution Agreement (Bloom Energy Corp)

Directly or Indirectly. Where any provision in this the Agreement refers ---------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Loan and Security Agreement (Mego Financial Corp)

Directly or Indirectly. Where any provision in this Agreement refers ---------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Registration Rights Agreement (Coolsavings Com Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Personperson or entity, or which that such Person person or entity is prohibited from takingtaking action, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Personperson or entity.

Appears in 1 contract

Sources: Securities Purchase Agreement (Encore Capital Group Inc)

Directly or Indirectly. Where any Any provision in this Agreement refers referring to ---------------------- action to be taken by any Person, or which that such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: u.s. Wireless Alliance Agreement (Bell Atlantic Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action actions to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action is in question in taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Note Purchase and Private Shelf Agreement (Twin Disc Inc)

Directly or Indirectly. Where any provision in this Agreement herein refers to action to ---------------------- be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 1 contract

Sources: Registration Rights Agreement (Coliseum Capital Management, LLC)

Directly or Indirectly. Where any provision in this ---------------------- Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, taking such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Preferred Stock Purchase Agreement (Clinicor Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which that such Person person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.. WCSR 39139774v4

Appears in 1 contract

Sources: Credit Agreement (Chesapeake Utilities Corp)

Directly or Indirectly. Where any Any provision in this Agreement refers referring ----------------------- to action to be taken by any Person, or which that such Person is if prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Loan and Security Agreement (Litchfield Financial Corp /Ma)

Directly or Indirectly. Where any provision in this Agreement (including any Supplement) refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Note Agreement (Allied Capital Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person, including actions taken by or on behalf of any partnership in which such Person is a general partner.

Appears in 1 contract

Sources: Note Agreement (Rohr Inc)

Directly or Indirectly. Where any provision in this Agreement refers to an action to be taken by any Person, or an action which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Alliance Agreement (Board of Trade of the City of Chicago Inc)

Directly or Indirectly. Where any provision in of this Agreement refers to action to be taken by any Person, or which such provision prohibits any Person is prohibited from takingtaking certain action, such provision shall be applicable whether such action is to be taken or is not to be taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Funding Agreement

Directly or Indirectly. Where any provision in this Agreement ------------------------------------ refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Assumption Agreement (Bei Technologies Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person; provided that, in the case of indirect action, such action is, in fact, taken at the direction of such Person.

Appears in 1 contract

Sources: Note Agreement (Semco Energy Inc)

Directly or Indirectly. Where When any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Shareholders Agreement (Brightpoint Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from takingtaking such action, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Note Purchase Agreement (Value Partners LTD /Tx/)

Directly or Indirectly. Where any provision in this Agreement refers to an action to be taken by any Person, or which to an action that such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Loan and Security Agreement (Access Worldwide Communications Inc)

Directly or Indirectly. Where any provision in this Agreement refers ---------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision provisions shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Loan and Security Agreement (Signature Resorts Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.. .C.

Appears in 1 contract

Sources: Note Agreement (World Acceptance Corp)

Directly or Indirectly. Where any provision in this Agreement refers refer ---------------------- to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Registration Rights Agreement (Prosofttraining Com)

Directly or Indirectly. Where any provision in this Agreement refers to any action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person, directly or indirectly, through one or more intermediaries.

Appears in 1 contract

Sources: Share Purchase Agreement (Timeline Inc)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.prohibited

Appears in 1 contract

Sources: Credit Agreement (Phoenix Companies Inc/De)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such the action in question is taken directly or indirectly by such Person. SECTION 9. MISCELLANEOUSSECTION 9.

Appears in 1 contract

Sources: Note Agreement (PLM Equipment Growth Fund)

Directly or Indirectly. Where any provision in this Agreement refers to any action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

Appears in 1 contract

Sources: Holders Agreement (Ev3 Inc.)

Directly or Indirectly. Where any Any provision in of this Agreement which refers to an action to which many be taken by any Person, or which such a Person is prohibited from taking, such provision shall be applicable whether include any such action is taken directly or indirectly by or on behalf of such Person, including by or on behalf of any Affiliate or agent of such Person.

Appears in 1 contract

Sources: Limited Liability Company Agreement (Caminus Corp)

Directly or Indirectly. Where any provision in this Agreement refers to action to be taken by by, or prohibited to be taken by, any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.. [signature page follows]

Appears in 1 contract

Sources: Securities Purchase Agreement (Ribozyme Pharmaceuticals Inc)