Herrick Sample Clauses

Herrick. (as holder of the Herrick Noxxx, Xxries A Preferred Stxxx xxx Series C Preferred Stock and under any other agreements between him and the Company) and Huntingdon (as holder of the Huntingdon Notes and Series C Preferred Stock and under any other agreements between it and the Company) hereby consent (as such consents are required under the terms of the Herrick Notes, Huntingdon Notes, Serxxx X Xreferred Stock, Series C Preferred Stock and other such agreements) to the Financing on the terms and conditions set forth in the Securities Purchase Agreement and the Transaction Documents, including but not limited to (a) the execution of the agreements relating to such transactions, (b) the authorization, creation and issuance of the Series D Preferred Stock and the rights and preferences of such preferred stock as set forth in the Articles of Amendment to the Articles of Incorporation with respect thereto, which Herrick and Huntingdon, as applicablx, xxxxowledge and consent to being senior to the Series A Preferred Stock and the Series C Preferred Stock, (c) the authorization and issuance of the Investor Warrants, Preferred Warrant, Additional Warrants, Satellite Consulting Warrant and Common Stock issuable upon exercise thereof, (d) the execution, delivery and performance of that certain Letter Agreement, dated the date hereof, by and among the Company, Forest Hill Select Offshore, Ltd., Forest Hill Select Fund, L.P. and Lone Oak Partners, L.P. and (e) any change in control (as defined in any Herrick Note, Huntingdon Note, the Axxxxxxx of Incorporation or any agreement between the Company and Herrick or Huntingdon) which may occxx xx x result of the Financing.
Sample 1
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