Affirmative Covenant. So long as the Note shall remain unpaid, the Borrower will, unless the Lender shall otherwise consent in writing:
Affirmative Covenant. The Company shall use the proceeds of the sale of the Purchase Shares pursuant to this Agreement for market expansion, working capital or other general corporate purposes, subject to any required approval by the Board and Shareholders in accordance with the Amended Articles and the Amended XXX.
Affirmative Covenant. The Guarantor hereby covenants and agrees that, until payment in full of the Guaranteed Obligations and termination of all commitments with respect thereto, the Guarantor shall comply with all of the covenants and other provisions of the Debentures which apply to it (if any).
Affirmative Covenant. Each of the Shareholders covenants and agrees that, prior to the Closing Date, such Shareholder will take all commercially reasonable actions necessary to ensure that the Company complies with Articles V and VII hereof.
Affirmative Covenant. (a) Each Grantor covenants and agrees with the Purchaser that, from and after the date of this Agreement until this Agreement is terminated and the security interests created hereby are released if such Grantor shall, as a result of its ownership of the Pledged Stock or Pledged Indebtedness or otherwise become entitled to receive or shall receive any stock certificate (including, without limitation, any certificate representing a stock dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of or other interests in the Pledged Stock, or otherwise in respect thereof or any note or Instrument of any Issuer or promissory notes or Instruments required to be pledged to the Purchaser pursuant to Section 4.1 hereof or any other Note Document, such Grantor shall accept the same as the agent of the Purchaser, hold the same in trust for the Purchaser and deliver the same forthwith to the Purchaser in the exact form received, together with in the case of Pledged Stock an undated stock power or other suitable transfer document covering such certificate duly executed in blank by such Grantor and with, if the Purchaser so requests, signature guaranteed and together with in the case of any Pledged Indebtedness an allonge or other endorsement duly executed in blank by such Grantor, to be held by the Purchaser, subject to the terms hereof, as additional collateral security for the Secured Obligations. Any sums paid upon or in respect of the Pledged Stock or Pledged Indebtedness upon the liquidation or dissolution of any Issuer shall be paid over to the Purchaser to be held by it hereunder as additional collateral security for the Secured Obligations, and in case any distribution of capital shall be made on or in respect of the Pledged Stock or any property shall be distributed upon or with respect to the Pledged Stock or Pledged Indebtedness pursuant to the recapitalization or reclassification of the capital of any Issuer or pursuant to the reorganization thereof or otherwise, the property so distributed shall be delivered to the Purchaser to be held by it hereunder as additional collateral security for the Secured Obligations. If any sums of money or property so paid or distributed in respect of the Pledged Stock shall be received by any Grantor, such G...
Affirmative Covenant. Each Permitted Affiliate promises to keep the following covenant:
Affirmative Covenant. In the event that Buyer, its designee or assignee determines to exercise this option to purchase the Assets, Seller shall take, and shall cause the Company to take, all actions, execute and deliver all such documents, instruments, conveyances and assurances, and take all such further actions as may be reasonably required to transfer the Assets to Buyer, its designee or assignee and give effect to the transactions contemplated by this Option Agreement.
Affirmative Covenant. The Borrower hereby agrees that, so long as the Commitments remain in effect or any Loan or other amount is owing to any Lender or the Administrative Agent hereunder, the Borrower shall furnish to the Administrative Agent and each Lender:
Affirmative Covenant. The Seller and the Purchaser will each cooperate and use its respective commercially reasonable efforts to fulfill the conditions precedent to the obligations of the other parties to effect the transactions contemplated by this Agreement, including without limitation securing as promptly as practicable all consents, approvals, waivers and authorizations required in connection with the transactions contemplated by this Agreement and necessary to assign to the Purchaser all of the Units or any claim, right or benefit arising thereunder or resulting therefrom. Each party will promptly notify the others upon its discovery or determination that any consent from a Governmental Authority is required for the consummation of the transactions contemplated by this Agreement. The Seller will provide monthly financial statements to the Purchaser as soon as reasonably practicable after the end of each calendar month following the Effective Date (“Monthly Financial Statements”). Such Monthly Financial Statements shall meet the same standards as those applicable to the Financial Statements, as set forth in Section 2.4 hereof.
Affirmative Covenant. If any Applicable Action is required to be approved pursuant to Section 4(e) of the Series E Certificate of Designation and is approved pursuant to Section 4(e) of the Series E Certificate of Designation, then Oak and any other Stockholder who owns, beneficially or of record, shares of Series C Preferred Stock shall (a) provide an affirmative vote or written consent (with respect to all shares of Series C Preferred Stock held of record or beneficially by them or over which they exercise voting control) for such Applicable Action pursuant to Section 4(d) of the Series C Certificate of Designation, or (b) in lieu of the affirmative vote or written consent contemplated by the foregoing clause (a), provide an affirmative vote or written consent (with respect to all shares of Series C Preferred Stock held of record or beneficially by them or over which they exercise voting control) to waive the provisions of Section 4(d) of the Series C Certificate of Designation (pursuant to Section 11 of the Series C Certificate of Designation) with respect to such Applicable Action. As used herein, the term “Applicable Action” means any action with respect to which the Company is required to obtain the affirmative vote or written consent of any holders Series C Preferred Stock pursuant to Section 4(d) of the Series C Certificate of Designation (whether together as a single class with the holders of Series D Preferred Stock and Series D-1 Preferred Stock or acting on their own due to the Series D Preferred Stock and Series D-1 Preferred Stock not being entitled to participate in such affirmative vote or written consent for any reason).
