Common use of Restrictive Agreements Prohibited Clause in Contracts

Restrictive Agreements Prohibited. Through and including the Second Closing, the Company shall not become a party to any agreement which by its terms violates the terms of the GE Purchase Agreement, the terms of the Series B Preferred Stock as set forth in the Series B Certificate of Designation, the terms of the Series C Preferred Stock as set forth in the Series C Certificate of Designation, the terms of the Series D Preferred Stock as set forth in the Series D Certificate of Designation, or the terms of the GE Warrants. From and after the Second Closing, the Company shall not become a party to any agreement which by its terms violates the terms of the Series B Preferred Stock as set forth in the Series B Certificate of Designation or the terms of the Series D Preferred Stock as set forth in the Series D Certificate of Designation .

Restrictive Agreements Prohibited. Through and including the Second Closing, the Company shall not become a party to any agreement which by its terms violates the terms of the GE Carlyle Purchase Agreement, the terms of the Series B Preferred Stock as set forth in the Series B Certificate of Designation, the terms of the Series C Preferred Stock as set forth in the Series C Certificate of Designation, the terms of the Series D Preferred Stock as set forth in the Series D Certificate of Designation, or the terms of the GE Carlyle Warrants. From and after the Second Closing, the Company shall not become a party to any agreement which by its terms violates the terms of the Series B C Preferred Stock as set forth in the Series B C Certificate of Designation or the terms of the Series D Preferred Stock as set forth in the Series D Certificate of Designation Designation.