Common use of Restrictions on Performance Clause in Contracts

Restrictions on Performance. The Company shall not at any time enter into, or permit to exist, an agreement or other instrument restricting its ability to perform its obligations under this Agreement, the Registration Rights Agreement or the Warrants, or making such performance or the issuance of shares of Common Stock upon the exercise of any Warrant a default under any such agreement or instrument other than (x) the Senior Credit Agreement (as defined in the Securities Purchase Agreement) and (y) the Securities Purchase Agreement.