Negative Covenants of Foilmark and Holopak Sample Clauses

Negative Covenants of Foilmark and Holopak. Except as disclosed in the respective Foilmark or Holopak Disclosure Memorandum, from the date of this Agreement until the earlier of the Effective Time or the termination of this Agreement, except as contemplated by this Agreement, each of Foilmark and Holopak covenants and agrees that it will not do or agree or commit to do, or permit any of its Subsidiaries to do or agree or commit to do, any of the following without the prior written consent of the chief executive officer or chief financial officer of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed:
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Negative Covenants of Foilmark and Holopak. Except as disclosed in the respective Foilmark or Holopak Disclosure Memorandum, from the date of this Agreement until the earlier of the Effective Time or the termination of this Agreement, except as contemplated by this Agreement, each of Foilmark and Holopak covenants and agrees that it will not do or agree or commit to do, or permit any of its Subsidiaries to do or agree or commit to do, any of the following without the prior written consent of the chief executive officer or chief financial officer of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed: (a) amend its Certificate of Incorporation, Bylaws or other governing instruments or the governing instruments of any Subsidiary (except an amendment to the Certificate of Incorporation of Foilmark to increase its authorized Common Stock to 15,000,000 Shares); or (b) incur any additional debt obligation or other obligation for borrowed money (other than indebtedness under its existing credit line as disclosed on the Holopak Disclosure Memorandum and 28 Foilmark Disclosure Memorandum or, in the case of Foilmark, indebtedness between Foilmark Companies that are wholly-owned subsidiaries of a Foilmark Company or, in the case of Holopak, indebtedness between Holopak Companies that are wholly-owned subsidiaries of a Holopak Company, in excess of an aggregate of $50,000 on a consolidated basis except in the ordinary course of the business consistent with past practices, or impose, or suffer the imposition, on any Asset of any Lien or permit any such Lien to exist (other than in connection with Liens in effect as of the date hereof that are disclosed in the Foilmark Disclosure Memorandum or Holopak Disclosure Memorandum); or (c) repurchase, redeem, or otherwise acquire or exchange (other than exchanges in the ordinary course under employee benefit plans), directly or indirectly, any shares, or any securities convertible into any shares, of its own capital stock or the capital stock of any Subsidiary, or declare or pay any dividend or make any other distribution in respect of it's capital stock; or (d) except pursuant to the exercise of stock options outstanding as of the date hereof and pursuant to the terms thereof in existence on the date hereof, or as disclosed in Section 7.2(d) of the Foilmark Disclosure Memorandum or Holopak Disclosure Memorandum, or except pursuant to the conversion of all shares of Holopak Class A Common Stock to Holopak Common Stock, issue, sell, p...
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Related to Negative Covenants of Foilmark and Holopak

  • Negative Covenants of the Company Except as expressly contemplated by this Agreement or otherwise consented to in writing by Buyer, from the date of this Agreement until the Effective Time, the Company will not do any of the following:

  • Certain Negative Covenants Each of the Borrowers covenants and agrees that, so long as any Loan, Unpaid Reimbursement Obligation, Letter of Credit or Note is outstanding or any Lender has any obligation to make any Loans or the Administrative Agent has any obligations to issue, extend or renew any Letters of Credit:

  • NEGATIVE COVENANTS So long as any Lender shall have any Commitment hereunder, any Loan or other Obligation hereunder shall remain unpaid or unsatisfied, or any Letter of Credit shall remain outstanding, the Borrower shall not, nor shall it permit any Subsidiary to, directly or indirectly:

  • CERTAIN NEGATIVE COVENANTS OF THE BORROWER The Borrower covenants and agrees that, so long as any Loan, Unpaid Reimbursement Obligation, Letter of Credit or Note is outstanding or any Bank has any obligation to make any Loans or the Agent has any obligations to issue, extend or renew any Letters of Credit:

  • Negative Covenants of Seller On and as of the date hereof and each Purchase Date and until this Agreement is no longer in force with respect to any Transaction, Seller shall not without the prior written consent of Buyer:

  • Affirmative Covenants of the Company The Company hereby covenants and agrees as follows:

  • Affirmative Covenants of Seller On and as of the date hereof and each Purchase Date and until this Agreement is no longer in force with respect to any Transaction, Seller covenants that:

  • Negative Covenants of the Borrower So long as any Advance shall remain unpaid or the Liquidity Provider shall have any Maximum Commitment hereunder or the Borrower shall have any obligation to pay any amount to the Liquidity Provider hereunder, the Borrower will not appoint or permit or suffer to be appointed any successor Borrower without the prior written consent of the Liquidity Provider, which consent shall not be unreasonably withheld or delayed.

  • Negative Covenants of the Seller From the date hereof until the Collection Date:

  • Negative Covenant Except as otherwise expressly permitted by this Agreement, between the date of this Agreement and the Closing Date, Sellers will not, and will cause the Company not to, without the prior consent of Buyer, take any affirmative action, or fail to take any reasonable action within their or its control, as a result of which any of the changes or events listed in Section 3.16 is likely to occur.

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