Certain Permitted Transactions. Notwithstanding the foregoing provisions of this Section 9.5:
Certain Permitted Transactions. Notwithstanding any provision in the Loan Documents and without increasing the obligations of the Lenders under Articles II and III of this Agreement, EPEPC, the Borrower and its Subsidiaries shall have the right to consummate any of the following transactions:
Certain Permitted Transactions. A liquidation, merger or consolidation of Nabisco or Nabisco, Inc. with or into the entity that is its parent prior to such transaction, or with or into any affiliate of such parent, shall not be treated as a transaction that is inconsistent with, or that breaches, the representations set forth in Section 4.02 of this Agreement or the covenants set forth in Section 4.05 of this Agreement.
Certain Permitted Transactions. Notwithstanding any provision in the Loan Documents and without increasing the obligations of the Lenders under Sections 2 and 3 of this Agreement, the Borrower and its Subsidiaries shall have the right to consummate any of the following transactions:
Certain Permitted Transactions. Notwithstanding anything to the contrary contained in Sections 9.7, 9.9, 9.10, 9.11 and 9.12 above, Lender agrees to or consents to the following, as applicable:
Certain Permitted Transactions. Notwithstanding the foregoing provisions of this Section 10.4:
Certain Permitted Transactions. (a) The Defense Advanced Research Projects Agency (DARPA) and Other Government Funded Projects. During the Restricted Period, other than with respect to the projects and related follow-ons being funded by DARPA with respect to advancement of waveguide technology as more fully described on Schedule 7.04, Seller shall not enter into any contract with, or seek or accept any funding from, any Governmental Entity (including DARPA) to develop, produce, or sell any technology, products, or services that are directly or indirectly competitive with the Business. In addition and notwithstanding the foregoing, during the Restricted Period, Seller may enter into contracts with, and seek and accept funding from, (i) TSWG (Tactical Support Working Group) operates as a program element under the Combating Terrorism Technical Support Office (CTTSO)); (ii) Air Force Research Labs (AFRL); (iii) Night Vision Labs (NVL); (iv) NATICK; and (v) Navy Research Labs, SBIR, with respect to advancement of waveguide technology, provided Seller obtains the advance written consent of Buyer prior to entering into any such contract or seeking or accepting any such funding pursuant to Section 7.04(a)(i), (ii), (iii), (iv) or (v), which consent will not be unreasonably delayed or withheld. Any products developed as a result of any research or other activities funded by any Governmental Entity (including DARPA and those described in (i) through (v) herein), shall be subject, as between the Parties, to the exclusive right of Buyer to market, sell, and otherwise distribute such products pursuant to the Authorized Reseller Agreement.
Certain Permitted Transactions. (a) For the purpose of this Article, the following are “Controlling Interest Transfers” to which Section 9.01 shall apply as if any of such Controlling Interest Transfers were an assignment of Tenant’s interest in this Lease requiring, among other things, the prior consent of Landlord in accordance with, and subject to, the applicable provisions of this Lease, except as otherwise expressly provided in subsection (c) below: (i) The issuance or transfer of interests in Tenant or any person (a “Parent”) that directly or indirectly controls Tenant (whether stock, partnership interests, interests in a limited liability company or otherwise) to a person or group of related persons, whether in a single transaction or a series of related or unrelated transactions (other than transfers of such interests over national securities exchanges), in such quantities that after such issuance or transfer, control of Tenant, such Parent (as it shall be constituted after giving effect to such issuance or transfer of interests in Tenant or Parent, as the case may be), directly or indirectly, shall have changed, (ii) the merger or consolidation of Tenant or a Parent into or with any other entity, or (iii) the acquisition by a third-party, of all or substantially all of the assets of Tenant or a Parent. Any person or legal representative of Tenant, to whom Tenant’s interest under this Lease passes by operation of law, or otherwise, shall be bound by the provisions of this Article.
Certain Permitted Transactions. Notwithstanding any provision in the Loan Documents (but subject to subsection 8.10), the Borrower and its Subsidiaries shall have the right to consummate any of the transactions described in subsection 8.6(c).
Certain Permitted Transactions. Nothing in this Article 9 or any other part of this Agreement shall restrict the Corporation and/or any Subsidiary from:
