Common use of ING Purchases Clause in Contracts

ING Purchases. Until three years from the date hereof, ING ------------- agrees to refrain from acquiring either directly or indirectly through its Affiliates greater than 50% of the Common Stock then outstanding; provided, that -------- nothing in this Section 3.1 shall prevent or restrict acquisition of Common Stock by ING as long as any event of default under any debt financing arrangement or agreement between the Company and ING exists or is continuing and entitles ING to acceleration of payments of interest, penalties or principal owed to ING under such debt financing arrangement or agreement; provided, -------- further, that nothing in this Section 3.1 shall prevent or restrict ING from ------- exercising in part or full any and all rights, including but not limited to preemptive rights, rights of first offer and anti-dilution adjustment rights, of ING under the Transaction Documents.