Additional Financing. The Borrower hereby covenants and agrees that, except for Permitted Encumbrances and except as otherwise contemplated in the Mortgage, without the prior written consent of the Significant Bondholder, if any, it shall not create, incur, assume or guaranty any financing secured by the Project or other financings except (i) the transactions contemplated in the Subordinate Loan Documents, (ii) the Permitted Encumbrances and as otherwise contemplated in the Mortgage, and (iii) unsecured loans or advances by the Borrower’s partners as contemplated or permitted by the Partnership Agreement.
Additional Financing. Except as otherwise provided in this Article V, no Member shall be obligated or permitted to contribute any additional capital to the Company without the consent of the Board of Managers. No interest shall accrue on any contributions to the capital of the Company, and no Member shall have the right to withdraw or to be repaid any capital contributed by it or to receive any other payment in respect of its interest in the Company, including without limitation as a result of the withdrawal or resignation of such Member from the Company, except as specifically provided in this Agreement. The records of the Company shall be adjusted to reflect any additional contributions to the capital of the Company made pursuant to Section 5.2.
Additional Financing. Subscriber further acknowledges that nothing hereunder shall preclude the Company from seeking and/or procuring additional equity and/or debt financing.
Additional Financing. The parties hereto acknowledge that the Lenders have made no agreement or commitment to provide any financing except as set forth herein.
Additional Financing. The Investor understands that Lenz will -------------------- require additional xxxancing in the figure, that Lenz has no commitments for such financing at this time and has no asxxxxnces that it will be able to obtain additional financing, or if obtained what price, terms and conditions will be attached to such financing. The Investor acknowledges that Lenz intends to issue substantial shares in several rounds of future xxxxncings, and that in the course of such issuances, the Investor's percentage ownership in Lenz will be substantially diluted.
Additional Financing. Nothing herein contained shall prevent the Company from issuing any other securities or rights with respect thereto during the period within which a Warrant is exercisable, upon such terms as the Company may deem appropriate.
Additional Financing. The parties hereto acknowledge that the Banks have made no agreement or commitment to provide any financing except as set forth herein.
Additional Financing. Purchaser further acknowledges that nothing hereunder shall preclude the Company from seeking and/or procuring additional equity and/or debt financing.
Additional Financing. Subject to Section 4(r) and to the exceptions described below, the Company agrees that during the period beginning on the date hereof and ending on the day a Registration Statement (as defined in the Registration Rights Agreement) on Form S-3, registering the Registrable Securities (as defined in the Registration Rights Agreement), becomes effective, neither the Company nor its subsidiaries will, without the prior written consent of a majority of the Preferred Shares then outstanding, negotiate or contract with any party for any equity financing (including any debt financing with an equity component) or issue any equity securities of the Company or any Subsidiary or securities convertible or exchangeable into or for equity securities of the Company or any Subsidiary (including debt securities with an equity component) in any form (the limitations referred to in this sentence shall be referred to as the "Capital Raising Limitations"). The Capital Raising Limitations shall not apply to (i) the issuance of warrants or options to placement agents or advisers in connection with the transactions contemplated hereby, (ii) a bona-fide loan from a commercial lender which does not have any equity feature, (iii) the issuance of securities upon exercise or conversion of the Company's options, warrants or other convertible securities or debt outstanding as of the date hereof or to be issued following the Closing to placement agents and advisers in connection with the transactions contemplated hereby, (iv) the grant of additional options or warrants, or the issuance of additional securities, under any Company stock option plan, restricted stock plan or stock purchase plan for the benefit of the Company's employees or directors, (v) any registered firm commitment underwritten public offering of securities of the Company, (vi) any transaction intended to be made in reliance upon Rule 144A under the Securities Act, (vii) any equipment loans or financings which do not have an equity feature, (viii) any conversion to equity by St. James Capital Corp. or its Affiliates ("ST. JAMES") of all or part of xxx existing debt in the principal amount ox $0,000,000 or any new credit facility from St. James, up to $15,000,000, involving the issuance of convertible debt xxxx conversion price at or above the Fixed Conversion Price or warrants which have an exercise price at or above $6.50 per share, provided that such equity is not convertible into Common Stock or registered under the 193...
Additional Financing. 144 12.11 No Partnership, Etc........................................................................... 144 12.12 Deed of Trust/Collateral Documents............................................................ 144 12.13
