Restrictions on Performance. The Issuer shall not at any time enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement or the Warrants, or making such performance or the issuance of Warrant Stock upon the exercise of any Warrant a default under any such agreement or instrument.
Restrictions on Performance. The Company shall not at any time after the date hereof enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement or the Certificate of Designation, or making such performance or the issuance of the Conversion Shares a default under any such agreement or instrument.
Restrictions on Performance. The Company shall not at any time enter into, or permit to exist, an agreement or other instrument restricting its ability to perform its obligations under this Agreement, the Registration Rights Agreement or the Warrants, or making such performance or the issuance of shares of Common Stock upon the exercise of any Warrant a default under any such agreement or instrument other than (x) the Senior Credit Agreement (as defined in the Securities Purchase Agreement) and (y) the Securities Purchase Agreement.
Restrictions on Performance. The Issuer shall not at any time enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement, the Registration Rights Agreement or the Warrants, or making such performance or the issuance of Units upon the exercise of any Warrant a default under any such agreement or instrument.
Restrictions on Performance. The Grantors shall not at any time enter into any agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement, or making such performance or the exercise of the Put Option a default under any such agreement or instrument.
Restrictions on Performance. The Company shall not at any time enter into, or permit to exist, an agreement or other instrument restricting its ability to perform its obligations under this Agreement, the Registration Rights Agreement or the Warrants, or making such performance or the issuance of shares of Common Stock upon the exercise of any Warrant a default under any such agreement or instrument, other than restrictions on the Company’s ability to honor the Put Right under (a) the Senior Credit Agreement, (b) the Senior Subordination Agreement, (c) the Senior Subordinated Note Purchase Agreement, and (d) the Junior Subordination Agreement.
Restrictions on Performance. The Company shall not at any time enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement or the Warrants, or making such performance of the issuance of Common Stock upon exercise of any Warrant a default under any such agreement or instrument.
Restrictions on Performance. The Issuer shall not at any time enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement or the Warrants, or making such performance or the issuance of Warrant Stock upon the exercise of any Warrant a default under any such agreement or instrument other than the Senior Subordinated Credit Agreement and the Senior Credit Agreement and refinancings thereof with an increase in principal and instruments relating to Issuer's proposed issuance of certain high-yield notes which will be used to refinance Issuer's Indebtedness under the Senior Subordinated Credit Agreement.
Restrictions on Performance. The Company shall not at any time enter into any agreement or other instrument that would make the performance of the Company’s obligations under this Agreement, including the issuance of Warrant Stock upon the exercise of the Warrant, a breach of or default under such agreement or instrument.
Restrictions on Performance. (a) From the date hereof until the Subsequent Closing Date, without the written consent of WCAS VIII, the Company shall not at any time enter into an agreement or other instrument limiting in any manner its ability to perform its obligations under this Agreement or the Notes and Warrants issued or to be issued hereunder, or making such performance of the issuance of the Warrant Shares upon exercise of the Warrant or the Conversion Shares upon conversion of the Warrant Shares a default under any such agreement or instrument. The parties agree and acknowledge that this Section shall not be construed to prohibit the execution and delivery of the Subordination Agreement as contemplated by this Agreement.
