Certain Actions by the Company. The Company shall not take any of the following actions without the prior consent of the Board of Directors of the Company (including the consent of at least one of the Preferred Directors (as defined in the Restated Certificate) for subsection (c) below): (a) incur indebtedness other than in the ordinary course of business, including without limitation, normal course trade debt; (b) enter into any material transaction with its affiliates which is not in the ordinary course of business; or (c) issue, after the date of the Initial Closing (as defined in the Purchase Agreement), additional shares of Common Stock (or options to purchase Common Stock) to ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ or ▇▇▇▇▇ ▇▇▇▇.
Appears in 3 contracts
Sources: Investors’ Rights Agreement, Investors’ Rights Agreement (Nutanix, Inc.), Investors’ Rights Agreement (Nutanix, Inc.)