Common use of Limitation on Certain Actions Clause in Contracts

Limitation on Certain Actions. From the date of execution and delivery of this Agreement by the parties hereto to the date of issuance of the Preferred Shares, the Company (1) shall comply with Sections 5 and 12 of the Certificate of Designations as if the Preferred Shares were outstanding, (2) shall not take any action which, if the Preferred Shares were outstanding, would constitute an Optional Redemption Event or, with the giving of notice or the passage of time or both, would constitute an Optional Redemption Event.

Appears in 2 contracts

Samples: Subscription Agreement (Napro Biotherapeutics Inc), Stock Purchase Agreement (Shaman Pharmaceuticals Inc)

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Limitation on Certain Actions. From the date of execution and delivery of this Agreement by the parties hereto to the date of issuance of the Preferred Shares, the Company (1) shall comply with Sections 5 and 12 of the Certificate of Designations as if the Preferred Shares were outstanding, outstanding and (2) shall not take any action which, if the Preferred Shares were outstanding, would constitute an Optional Redemption Event or, with the giving of notice or the passage of time or both, would constitute an Optional Redemption Event.

Appears in 1 contract

Samples: Subscription Agreement (Creative Biomolecules Inc)

Limitation on Certain Actions. From the date of execution and delivery of this Agreement by the parties hereto to the date of issuance of the Preferred SharesShares and the Warrant, the Company (1) shall comply with Sections 5 and 12 of the Certificate of Designations Determination as if the Preferred Shares were outstanding, outstanding and (2) shall not take any action which, if the Preferred Shares were outstanding, would constitute an Optional Redemption Event or, with the giving of notice or the passage of time or both, would constitute an Optional Redemption Event.

Appears in 1 contract

Samples: Subscription Agreement (Questcor Pharmaceuticals Inc)

Limitation on Certain Actions. From the date of execution and delivery of this Agreement by the parties hereto to the date of issuance of the Preferred Shares, the Company (1) shall comply with Sections 5 5(c), 5(d) and 12 of the Certificate of Designations as if the Preferred Shares were outstanding, (2) shall not take any action which, if the Preferred Shares were outstanding, would constitute an Optional Redemption Event or, with the giving of notice or the passage of time or both, would constitute an Optional Redemption Event.

Appears in 1 contract

Samples: Subscription Agreement (Novavax Inc)

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Limitation on Certain Actions. From the date of execution and delivery of this Agreement by the parties hereto to the date of issuance of the Preferred SharesShares and the Warrants, the Company (1) shall comply with Sections 5 and 12 of the Certificate of Designations as if the Preferred Shares were outstanding, outstanding and (2) shall not take any action which, if the Preferred Shares were outstanding, would constitute an Optional Redemption Event or, with the giving of notice or the passage of time or both, would constitute an Optional Redemption Event.

Appears in 1 contract

Samples: Subscription Agreement (Valentis Inc)

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