Certain Affirmative Covenants of the Company Sample Clauses
Certain Affirmative Covenants of the Company. The Company shall, and shall cause each Company Subsidiary to:
(i) maintain its corporate existence in good standing;
(ii) comply with all Governmental Requirements applicable to the operation of its business, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect;
(iii) comply with all agreements, documents and instruments binding on it or affecting its Properties or business, including, without limitation, all Material Contracts, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect;
(iv) provide each Holder with copies of all materials sent to its shareholders at the same time as such materials are delivered to such shareholders;
(v) timely file with the Commission all reports required to be filed pursuant to the Exchange Act and refrain from terminating its status as an issuer required by the Exchange Act to file reports thereunder even if the Exchange Act or the rules or regulations thereunder would permit such termination (and otherwise make and keep public information available, as those terms are understood and defined in Rule 144);
(vi) ensure that the Common Stock is at all times listed or quoted on the Nasdaq Bulletin Board, Nasdaq Global Market, the New York Stock Exchange, the American Stock Exchange, or such other exchange or quotation service (reasonably satisfactory to the Holders of not less than two-thirds of the Shares then outstanding;
(vii) maintain commercially reasonable insurance coverage (including D&O insurance) for each of the Company and Company Subsidiaries; and
(viii) obtain Stockholder Cap Approval in accordance with the terms of the Securities Purchase Agreement, if such is needed.
Certain Affirmative Covenants of the Company. The Company --------------------------------------------- covenants and agrees that for so long as this Note is outstanding and unpaid either as to the principal hereof or as to interest hereon, it will comply with the following:
Certain Affirmative Covenants of the Company. The Company hereby covenants and agrees that, prior to the Effective Time, unless otherwise expressly contemplated by this Agreement or consented to in writing by Parent, the Company will and will cause its subsidiaries to:
(a) comply in all material respects with all Laws applicable to its business and notify Parent of any legal, administrative or other proceedings, investigations, inquiries, complaints, notices of violations or other asserted claims, judgments, injunctions or restrictions, pending, outstanding or to the Company's knowledge, threatened or contemplated, which could have a Company Material Adverse Effect;
(b) operate its business in the usual and ordinary course consistent with past practices;
(c) use all reasonable efforts to preserve its business organization, maintain its material rights and franchises, retain the services of its respective officers and employees and maintain its relationships with its customers and suppliers;
(d) maintain and keep its properties and assets in as good repair and condition as at present, ordinary wear and tear excepted, and maintain supplies and inventories in quantities consistent with its customary business practice; and
(e) use all reasonable efforts to keep in full force and effect insurance and bonds comparable in amount and scope of coverage to that currently maintained.
Certain Affirmative Covenants of the Company. The Company covenants and agrees that, from and after the date of this Agreement, the Company shall perform and observe the following covenants and provisions:
Certain Affirmative Covenants of the Company. The Company shall, and shall cause each Company’s subsidiaries to: (i) maintain its corporate existence in good standing; (ii) comply with all governmental requirements and laws applicable to the operation of its business, except for any instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a material adverse effect on the consolidated business, properties, assets, operations, results of operations, financial condition, credit worthiness or prospects of the Company and the Company’s subsidiaries taken as a whole (“Material Adverse Effect”); (iii) comply with all agreements, documents and instruments binding on it or affecting its properties or business, including, without limitation, all material contracts, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect;
Certain Affirmative Covenants of the Company. The Company covenants that from the date hereof and for so long as any portion of the Notes (or any amendment thereto or instrument issued in exchange therefor) shall remain outstanding, it will (and will cause any subsidiaries to) observe or perform the following:
Certain Affirmative Covenants of the Company. The Company covenants and agrees that for so long as this Note is outstanding and unpaid either as to the principal hereof or as to interest hereon, it will comply with the following:
Certain Affirmative Covenants of the Company. The Company agrees that, during the period beginning on the Execution Date and ending on the Termination Date, the Company shall, and shall cause each Company Subsidiary to:
(a) maintain its corporate existence in good standing;
(b) comply with all Governmental Requirements applicable to the operation of its business, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect;
(c) comply with all agreements, documents and instruments binding on it or affecting its Properties or business, including, without limitation, all Material Contracts, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect;
(d) provide each Holder with copies of all materials sent to its shareholders at the same time as such materials are delivered to such shareholders; (e) timely file with the Commission all reports required to be filed pursuant to the Exchange Act and refrain from terminating its status as an issuer required by the Exchange Act to file reports thereunder even if the Exchange Act or the rules or regulations thereunder would permit such termination (and otherwise make and keep public information available, as those terms are understood and defined in Rule 144);
Certain Affirmative Covenants of the Company. The Company covenants and agrees that until the consummation of a Qualified Public Offering, it will use its diligent efforts perform and observe the following covenants and provisions, and will cause each Subsidiary, if and when such Subsidiary exists, to perform and observe such of the following covenants and provisions as are applicable to such Subsidiary:
Certain Affirmative Covenants of the Company. The Company agrees that, during the period beginning on the Execution Date and ending on the Termination Date, the Company shall, and shall cause each Company Subsidiary to:
(a) maintain its corporate existence in good standing; (b) comply with all Governmental Requirements applicable to the operation of its business, except for instances of noncompliance that would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect;