Other Covenants (Section 5.1): Borrower shall at all times comply with all of the following additional covenants:
Further Covenants The Company hereby covenants and agrees that:
Purchaser Covenants Purchaser shall have performed and complied in all material respects with all agreements and covenants required to be performed and complied with by Purchaser under this Agreement at or prior to the Closing Date; and
BORROWER COVENANTS Borrower covenants and agrees that:
Certain Other Covenants The Company covenants that all shares of Common Stock that may be issued upon conversion of Notes shall be newly issued shares or treasury shares, shall be duly authorized, validly issued, fully paid and non-assessable and shall be free from preemptive rights and free from any tax, lien or charge (other than those created by the Holder or due to a change in registered owner). The Company shall list or cause to have quoted any shares of Common Stock to be issued upon conversion of Notes on each national securities exchange or over-the-counter or other domestic market on which the Common Stock is then listed or quoted.
Buyer Covenants The Buyer covenants as follows:
Seller Covenants Seller covenants and agrees as follows:
Further Covenants of the Company The Company hereby covenants and agrees that:
Other Covenants of the Parties The parties agree that, prior to the Closing:
Default in Performance of Other Covenants and Conditions Any Credit Party or any Subsidiary thereof shall default in the performance or observance of any term, covenant, condition or agreement contained in this Agreement (other than as specifically provided for in this Section) or any other Loan Document and such default shall continue for a period of thirty (30) days after the earlier of (i) the Administrative Agent’s delivery of written notice thereof to the Borrower and (ii) a Responsible Officer of the Borrower having obtained knowledge thereof.
