Common use of Interim Actions Clause in Contracts

Interim Actions. If during the period between the date hereof and the earlier of the Closing Date and the date this Agreement is terminated, the Company takes any action that, had the Preferred Stock been outstanding at such time, (i) would have resulted in a distribution or payment to the holders of the Preferred Stock, (ii) would, or together with other like events could, have resulted in any adjustments to the terms of the Preferred Stock, including the Conversion Share Amount (as defined in the Articles Supplementary), or (iii) would have required the prior approval of or consent by the holders of the Preferred Stock, then the taking of any such action by the Company shall require the approval of the Purchaser.

Interim Actions. If during the period between the date hereof and the earlier of the Closing Date and the date this Agreement is terminated, the Company takes any action (i) listed in Section 3.9, (ii) that, had the Preferred Stock been outstanding at such timetime and the Investor Rights Agreement been in full force and effect, (iA) would have resulted in a distribution or payment to the holders of the Preferred Stock, (iiB) would, or together with other like events could, have resulted in any adjustments to the terms of the Preferred Stock, including the Conversion Share Amount (as defined in the Articles Supplementary), or (iiiC) would have required the prior approval of or consent by the holders of the Preferred StockStock or (iii) to implement any layoffs that could implement the WARN Act, then the taking of any such action referred to in clauses (i), (ii) or (iii) of this Section 6.1(b) by the Company shall require the approval of the PurchaserInvestor.

Interim Actions. If during the period between the date hereof and the earlier of the Closing Date and the date this Agreement is terminated, the Company takes any action that, had the Preferred Stock been outstanding at such time, (i) would have resulted in a distribution or payment to the holders of the Preferred Stock, (ii) would, or together with other like events could, have resulted in any adjustments to the terms of the Preferred Stock, including the Conversion Share Amount Ceiling Price or the Floor Price (as defined in the Articles SupplementaryCertificate of Designations), or (iii) would have required the prior approval of or consent by the holders of the Preferred Stock, then the taking of any such action by the Company shall require the approval of each of the PurchaserPurchasers.

Interim Actions. If during the period between the date hereof and the earlier of the Closing Date and the date this Agreement is terminated, the Company takes any action that, had the Preferred Stock been outstanding at such time, (i) would have resulted in a distribution or payment to the holders of the Preferred Stock, (ii) would, or together with other like events could, have resulted in any adjustments to the terms of the Preferred Stock, including the Conversion Share Amount (as defined in the Articles Supplementary), or (iii) would have required the prior approval of or consent by the holders of the Preferred Stock, then the taking of any such action by the Company shall require the approval of the Purchaser.

Interim Actions. If during the period between the date hereof and the earlier of the Closing Date and the date this Agreement is terminated, the Company takes any action that, had the Participating Preferred Stock been outstanding at such time, (i) would have resulted in a distribution or payment to the holders of the Participating Preferred Stock, (ii) would, or together with other like events could, have resulted in any adjustments to the terms of the Participating Preferred Stock, including the Conversion Share Amount Price (as defined in the Articles SupplementaryCertificate of Designation), or (iii) would have required the prior approval of or consent by the holders of the Participating Preferred Stock, then the taking of any such action by the Company shall require the approval of the Purchaser.