Common use of Performance; No Default Clause in Contracts

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.7, 10.8, 10.9 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections Section 10.1, 10.710.2, 10.810.3, 10.9 10.4 or 10.10 hereof 10.5 had such Sections applied since such date.

Performance; No Default. The Each of the Company and the Tenant shall have performed and complied with all agreements and conditions contained in this Agreement and the other Operative Agreements required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither None of the Company nor Company, the Tenant or any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.7, 10.8, 10.9 or 10.10 10.1 through 10.11 hereof had such the Sections 10.1 through 10.11 applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at on the Closing Date, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum Company’s last Annual Report on Form 10-K filed with the SEC prior to the Execution Date that would have been prohibited by Sections 10.1, 10.7, 10.8, 10.9 or 10.10 hereof Section 10 had such Sections Section applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by any of Sections 10.1, 10.710.2, 10.3, 10.5, 10.8, 10.9 or 10.10 hereof 10.11 had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing Closing, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections Section 10.1, 10.710.2, 10.810.3, 10.9 10.5 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the on such Closing and Date and, after giving effect to the issue and sale of the Notes to be issued on such Closing Date (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither Prior to the First Closing Date, neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.110.3, 10.710.4, 10.8, 10.9 10.5 or 10.10 hereof 10.6 had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing Closing, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.7, 10.8, 10.9 10.2 or 10.10 10.3 hereof had such Sections applied since such date.

Performance; No Default. The Company Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14Section 5.13) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company any Obligor nor any Subsidiary of the Company shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.710.3, 10.8, 10.9 10.4 or 10.10 10.5 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction transactions since the date of the Memorandum May 31, 1997 that would have been prohibited by Sections Section 10.1, 10.710.2, 10.8, 10.9 10.6 or 10.10 10.7 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Series 1998-A Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.7, 10.8, 10.9 or 10.10 hereof 10.1 through 10.8 had such Sections applied since such date.

Performance; No Default. The Issuer and the Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it them prior to or at the Closing Closing; and after giving effect to the issue and sale of the Notes (and the substantially concurrent application of the proceeds thereof to repay Indebtedness as contemplated by Schedule Section 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.110.1 to 10.6, 10.7inclusive, 10.8, 10.9 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants Section 5.15), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum Presentation that would have been prohibited by Sections 10.1, 10.710.3, 10.810.4, 10.9 10.5, 10.7 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement the Financing Documents required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by any of Sections 10.1, 10.7, 10.8, 10.9 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company Each Co-Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.2, 10.3, 10.4, 10.7, 10.8, 10.8 or 10.9 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing applicable Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuingcontinuing and no Change in Control shall have occurred. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.7, 10.8, 10.9 or 10.10 hereof Section 10 had such Sections Section applied since such date.. ▇▇▇▇▇ ▇▇▇▇▇▇ Industries, Inc. Note Purchase Agreement

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections SECTIONS 10.1, 10.710.2, 10.8, 10.9 10.3 or 10.10 10.6 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing Closing, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9 10.9, 10.10 or 10.10 10.11 hereof had such Sections applied since such date.

Performance; No Default. The Company Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement or the Guarantee Agreement, as the case may be, required to be performed or complied with by it prior to or at the Closing Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum Presentation that would have been prohibited by Sections Section 10.1, 10.710.5, 10.8, 10.9 10.6 or 10.10 hereof 10.7 had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the date of this Agreement and prior to or at the date of the Closing and immediately prior to and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum July 23, 2010 that would have been prohibited by Sections 10.1, 10.7, 10.1 through 10.8, 10.9 or 10.10 hereof inclusive, had such Sections applied since such date. No Change of Control shall have occurred or be contemplated.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement the Financing Documents required to be performed or complied with by it the Company prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.145.15) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by any of Sections 10.1, 10.710.3, 10.810.4, 10.9 10.5, 10.6 or 10.10 10.7 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the such Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14Section 5.7) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither With respect to the Series A Closing only, neither the Company nor any Subsidiary shall have entered into any transaction since December 31, 2009 (other than the date of the Memorandum GM Acquisition) that would have been prohibited by Sections 10.110.5, 10.7, 10.8, 10.9 10.6 or 10.10 hereof 10.7 had such Sections applied since such date.

Performance; No Default. The Company Each Obligor shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing Closing, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither the Company any Obligor nor any Subsidiary of the Company shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.710.3, 10.8, 10.9 or 10.10 hereof 10.4 and 10.5 had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the such Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by any of Sections 10.110.1 through 10.10, 10.7inclusive, 10.8, 10.9 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the such Closing Day and after giving effect to the issue and sale of the such Accepted Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14the Request for Purchase for such Accepted Notes) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since from December 31, 2004 to the date of the Memorandum Effective Date, that would have been prohibited by Sections 10.110.1 through 10.12, 10.7, 10.8, 10.9 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company Obligors shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it each of them prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company any Obligor nor any Subsidiary shall have entered into any transaction since the date of the eFUNDS CORPORATION NOTE PURCHASE AGREEMENT Memorandum that would have been prohibited by Sections 10.1, 10.710.2 and 10.5 through 10.11, 10.8inclusive, 10.9 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by any of Sections 10.110.2, 10.710.5, 10.6, 10.8, 10.9 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and and, after giving effect to the issue and sale of the Initial Notes to be issued at the Closing (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Offering Memorandum that would have been prohibited by Sections Section 10.1, 10.710.2, 10.810.3, 10.9 or 10.10 hereof 10.8 had such Sections applied since such date.

Performance; No Default. The Each of the Company and the Guarantors shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither None of the Company nor Company, any Subsidiary or any Guarantor shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.710.3, 10.8, 10.6 or 10.9 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.810.9, 10.9 10.10, 10.11, 10.12 or 10.10 10.13 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing Closing, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither Except as set forth on Schedule 4.2, neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by any of Sections 10.1, 10.710.2, 10.810.3, 10.9 10.5, 10.6, 10.7 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14Section 5.15) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.3, 10.4, 10.5, 10.7, 10.8, 10.9 10.11 or 10.10 10.12 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing such Closing, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants Section 9.8), no Default or Event of Default shall have occurred and be continuingcontinuing and no Change in Control shall have occurred. Neither With respect to the Series A/B Closing only, neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum June 9, 2014 that would have been prohibited by Sections 10.1, 10.7, 10.8, 10.9 or 10.10 hereof 9 and 10 had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing Closing, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Restricted Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9 or 10.10 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and Closing, and, after giving effect to the issue and sale of the Series 2008 Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.7, 10.8, 10.9 10.6 or 10.10 hereof 10.7 had such Sections sections applied since such date.

Performance; No Default. The Each of the Company and the Issuer shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and (unless so waived by you) and, after giving effect to the issue and sale of the Series A Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.7, 10.8, 10.9 10.3 or 10.10 10.5 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.710.3, 10.8, 10.9 10.4 or 10.10 10.6 hereof had such Sections applied since such date.

Performance; No Default. The Company Each Obligor shall have performed and complied in all material respects with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule Section 5.14) and the issuance of the Warrants no Default or Event of Default shall have occurred and be continuing. Neither Other than transactions contemplated by the Company Spin-Off, no Obligor nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections Section 10 (excluding Section 10.1, 10.7, 10.8, 10.9 or 10.10 hereof ) had such Sections Section applied since such date.. ▇▇▇▇ ▇▇▇▇ Technologies Corporation Note Purchase Agreement

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it the Company prior to or at the Closing and after giving effect to the issue and sale of the 2011 Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants Section 5.15), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by Sections 10.1, 10.710.3, 10.810.4, 10.9 10.5, 10.7 or 10.10 10.12 hereof had such Sections applied since such date.

Performance; No Default. The Company shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing Closing, and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Schedule 5.14) and the issuance of the Warrants ), no Default or Event of Default shall have occurred and be continuing. Neither the Company nor any Subsidiary shall have entered into any transaction since the date of the Memorandum that would have been prohibited by any covenant contained in any of Sections 10.1, 10.7, 10.8, 10.9 9.1 through 9.6 or 10.10 Sections 10.4 through 10.8 hereof had such Sections applied since such date.