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This excerpt taken from the CTIC 8-K filed Dec 8, 2008. SECTION 8.7 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) at any time that $10,000,000 or more in aggregate principal amount of the Securities are outstanding, Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount exceeding $10,000,000, unless the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions. This excerpt taken from the CTIC 8-K filed Oct 24, 2008. SECTION 8.7 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) at any time that $10,000,000 or more in aggregate principal amount of the Securities are outstanding, Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount exceeding $10,000,000, unless the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions. This excerpt taken from the CTIC 8-K filed Oct 1, 2008. SECTION 8.7 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) at any time that $10,000,000 or more in aggregate principal amount of the Securities are outstanding, Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount exceeding $10,000,000, unless the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions. This excerpt taken from the CTIC 8-K filed Sep 17, 2008. SECTION 8.7 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) at any time that $10,000,000 or more in aggregate principal amount of the Securities are outstanding, Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount exceeding $10,000,000, unless the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions. This excerpt taken from the CTIC 8-K filed Aug 20, 2008. SECTION 8.7 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) at any time that $10,000,000 or more in aggregate principal amount of the Securities are outstanding, Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount exceeding $10,000,000, unless the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions. This excerpt taken from the CTIC 8-K filed Jul 25, 2008. SECTION 8.7 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) at any time that $10,000,000 or more in aggregate principal amount of the Securities are outstanding, Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount exceeding $10,000,000, unless the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions. This excerpt taken from the CTIC 8-K filed Jun 13, 2008. SECTION 8.7 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) at any time that $10,000,000 or more in aggregate principal amount of the Securities are outstanding, Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount exceeding $10,000,000, unless the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions.
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This excerpt taken from the CTIC 8-K filed May 2, 2008. SECTION 8.7 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) at any time that $10,000,000 or more in aggregate principal amount of the Securities are outstanding, Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount exceeding $10,000,000, unless the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions. This excerpt taken from the CTIC 8-K filed Mar 5, 2008. SECTION 8.7 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) at any time that $10,000,000 or more in aggregate principal amount of the Securities are outstanding, Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount exceeding $10,000,000, unless the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions. This excerpt taken from the CTIC 8-K filed Dec 13, 2007. SECTION 8.8 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount for both (i) and (ii) exceeding $10,000,000, unless, in the case of (ii) only, the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions. This excerpt taken from the CTIC 8-K filed Apr 28, 2006. SECTION 8.8 Incurrence of Indebtedness. The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount for both (i) and (ii) exceeding $10,000,000, unless, in the case of (ii) only, the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions. This excerpt taken from the CTIC 8-K filed Nov 10, 2005. SECTION 8.9 Incurrence of Indebtedness.
The Company will not, and will not permit any of its Subsidiaries to, incur or suffer to exist (i) Indebtedness that is structurally senior or senior by its terms to the Securities or (ii) Secured Indebtedness, in an aggregate principal amount for both (i) and (ii) exceeding $10,000,000, unless, in the case of (ii) only, the Securities are equally and ratably secured with such Secured Indebtedness in excess of such $10,000,000 limit; provided that Liens in favor of Strategic Partners granted in connection with biopharmaceutical licensing and/or partnering arrangements shall not be subject to these restrictions.
Prior to March 31, 2006, the Company will not, and will not permit any of its Subsidiaries to, directly or indirectly (i) issue any Indebtedness or preferred equity or debt security convertible or exchangeable into Common Stock or (ii) Refinance the Existing Subordinated Notes, the Existing 2002 Senior Subordinated Notes and the Existing 2003 Senior Subordinated Notes.
If, after March 31, 2006, the Company or its Subsidiaries Refinances the Existing Subordinated Notes, the Existing 2002 Senior Subordinated Notes and the Existing 2003 Senior Subordinated Notes by issuing Indebtedness, it will only do so if such newly issued preferred equity or debt securities convertible or exchangeable into Common Stock has a Maturity date later than the Stated Maturity of the Securities.
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