Common use of Acquisition Agreements Clause in Contracts

Acquisition Agreements. As soon as practicable following the earlier to occur of the consummation of the proposed acquisition or the funding of the Acquisition Facility Loans to be used for the proposed acquisition: (a) Agent shall have received executed copies of the Acquisition Agreements relating to the proposed acquisition and shall, in the ordinary course of business, have forwarded copies thereof to the Lenders; (b) the Acquisition Agreements shall be in full force and effect and no material term or condition thereof shall have been amended, modified, or waived after the execution thereof (other than solely to extend the date by which the proposed acquisition is required to occur) except those for which prior written notice was provided to Agent; (c) none of the parties to the Acquisition Agreements shall have failed to perform any material obligation or covenant required by the Acquisition Agreement to be performed or complied with by it on or before the date of the closing of the proposed acquisition unless waived with the consent of the Agent; and (d) Agent shall have received a certificate from the Company's chief executive officer or chief financial officer to the effect set forth in clauses (a), (b) and, to his knowledge, (c) above.

Acquisition Agreements. As soon as practicable following the earlier to occur of the consummation of the proposed acquisition or the funding of the an Acquisition Facility Loans Loan to be used for the proposed acquisition: (a) Agent shall have received executed copies of the Acquisition Agreements relating to the proposed acquisition and shall, in the ordinary course of business, have forwarded copies thereof to the Lenders; (b) the Acquisition Agreements shall be in full force and effect and no material term or condition thereof shall have been materially amended, modified, or waived after the execution thereof (other than solely to extend the date by which the proposed acquisition is required to occur) except those for which prior written notice was provided to Agent; (c) none of the parties to the Acquisition Agreements shall have failed to substantially perform any material obligation or covenant required by the Acquisition Agreement to be performed or complied with by it on or before the date of the closing of the proposed acquisition unless waived with the consent of the Agent; and (d) Agent shall have received a certificate from the acquiring Company's chief executive officer or chief financial officer to the effect set forth in clauses (a), (b) and, to his knowledge, (c) above.

Acquisition Agreements. As soon as practicable following the earlier to occur of the consummation of the proposed acquisition or the funding of the Acquisition Facility Loans to be used for the proposed acquisition: (a) Agent shall have received executed copies of the Acquisition Agreements relating to the proposed acquisition and shall, in the ordinary course of business, have UTI - LOAN AND SECURITY AGREEMENT 36 40 forwarded copies thereof to the Lenders; (b) the Acquisition Agreements shall be in full force and effect and no material term or condition thereof shall have been amended, modified, or waived after the execution thereof (other than solely to extend the date by which the proposed acquisition is required to occur) except those for which prior written notice was provided to Agent; (c) none of the parties to the Acquisition Agreements shall have failed to perform any material obligation or covenant required by the Acquisition Agreement to be performed or complied with by it on or before the date of the closing of the proposed acquisition unless waived with the consent of the Agent; and (d) Agent shall have received a certificate from the Company's chief executive officer or chief financial officer to the effect set forth in clauses (a), (b) and, to his knowledge, (c) above.

Acquisition Agreements. As soon as practicable following Promptly after the earlier to occur closing of the consummation of the any proposed acquisition or the funding of the Acquisition Facility Loans to be used for the proposed acquisition: funded with an Acquisition Advance greater than $5,000,000, (ai) Agent and the Lenders shall have received executed copies of the Acquisition Agreements relating to the proposed acquisition and shall, in the ordinary course of business, have forwarded copies thereof to the LendersAcquisition; (bii) the Acquisition Agreements shall be in full force and effect and no material term or condition thereof shall have been amended, modified, or waived after the execution thereof (other than solely to extend the date by which the proposed acquisition is required to occur) except those for which prior written notice was provided to Agent; (ciii) none of the parties to the Acquisition Agreements shall have failed to perform any material obligation or covenant required by the Acquisition Agreement to be performed or complied with by it on or before the date of the closing of the proposed acquisition unless waived with the consent of the Agent; and (div) Agent shall have received a certificate from a Responsible Officer of the Company's chief executive officer or chief financial officer Borrower to the effect set forth in clauses (ai), (bii) and, to his knowledge, and (ciii) above.

Acquisition Agreements. As soon as practicable following Prior to the earlier to occur of the consummation of the proposed acquisition or the funding closing of the Acquisition Facility Loans to be used for the proposed acquisition: , (ai) Agent and the Lenders shall have received executed or final copies of the Acquisition Agreements relating to the proposed acquisition and shall, in the ordinary course of business, have forwarded copies thereof to the Lendersacquisition; (bii) the Acquisition Agreements shall be in full force and effect and no material term or condition thereof shall have been amended, modified, or waived after the execution thereof (other than solely to extend the date by which the proposed acquisition is required to occur) except those for a copy of which was received by Agent and the Lenders prior written notice was provided to Agentthe closing of such Acquisition Facility Loans; (ciii) none of the parties to the Acquisition Agreements shall have failed to perform any material obligation or covenant required by the Acquisition Agreement Agreements to be performed or complied with by it on or before the date of the closing of the proposed acquisition unless waived with the consent of the Agent; and (div) Agent shall have received a certificate from a Responsible Officer of the Company's chief executive officer or chief financial officer Company to the effect set forth in clauses (ai), (bii) and, to his knowledge, and (ciii) above.