Acquisition; Acquisition Documents Sample Clauses
Acquisition; Acquisition Documents. The Acquisition Documents listed on Schedule 3.28 attached hereto constitute all of the material agreements, instruments and undertakings to which any Credit Party is bound or by which such Person or any of its property or assets is bound or affected relating to, or arising out of, the Acquisition (including, any agreements, instruments or undertakings assumed pursuant to the Acquisition Agreement). None of such material agreements, instruments or undertakings have been amended, supplemented or otherwise modified, and all such material agreements, instruments and undertakings are in full force and effect. To Borrower’s knowledge, no party to any Acquisition Documents is currently in default thereunder and no party thereto, or any other Person, has the right to terminate any Acquisition Documents.
Acquisition; Acquisition Documents. The Agent shall have received from the Borrower (a) evidence satisfactory to it that the Acquisition shall have been consummated in accordance with the terms of the Acquisition Agreement and in compliance with applicable law and regulatory approvals, and (b) true and correct copies of all Acquisition Documents, certified as such of the Closing Date by an Authorized Officer of the Borrower. The Lenders shall be satisfied with the capitalization and capital structure of Parent and its Subsidiaries after giving effect to the Acquisition and Merger, including without limitation (x) the terms of and security for the Senior Revolving Loan and (y) all cash payments, issuances of equity and capital contributions to be made to or by Parent and its Subsidiaries in connection with the Acquisition and Merger.