Acquisition Consummated. The Acquisition shall have been consummated, or substantially simultaneously with the initial borrowings under the Credit Facilities, shall be consummated, in all material respects in accordance with the terms of the Purchase Agreement dated as of July 31, 2013, after giving effect to any modifications, amendments, consents or waivers by the Borrower (and/or its Affiliates) thereto, other than those modifications, amendments, consents or waivers that are materially adverse to the interests of the Lenders (it being understood that any modification, amendment, consent or waiver to the definition of Material Adverse Effect set forth in the Purchase Agreement shall be deemed to be materially adverse to the interests of the Lenders), unless consented to in writing by the Joint Lead Arrangers (as defined hereunder prior to Amendment No. 5) (such consent not to be unreasonably withheld, delayed or conditioned); provided that, without limiting any other rights and/or obligations herein, including rights under Section 6.1 above that the facts and circumstances underlying a decrease of the Purchase Price under the Purchase Agreement constitute a Company Material Adverse Effect, any reduction in the Purchase Price shall not be deemed to be materially adverse to the Lenders.
Acquisition Consummated. The conditions set forth in Section 6.1 and Section 6.2 of the Sodak Stock Purchase Agreement regarding the obligations of the Parent, Sodak and Borrower to consummate the Acquisition shall have been satisfied in all material respects, and the Acquisition shall have been consummated in accordance therewith to the satisfaction of the Lender.
Acquisition Consummated. 16 5.1.4. Payment of Outstanding Indebtedness, etc....................17 5.1.5. Equity Infusion.............................................17 5.1.6. Security Agreement..........................................17 5.1.7. Mortgage....................................................18 5.1.8. Ship Mortgage...............................................18 5.1.9.
Acquisition Consummated. Subject only to the funding of the Loans on the Closing Date, the Borrower shall have consummated the Acquisition on terms and conditions reasonably satisfactory to the Administrative Agent and each Lender, and the Administrative Agent shall have received a fully executed copy of the Contribution Agreement, the Purchase Agreement and each other material agreement or document evidencing the Acquisition, as reasonably requested by the Administrative Agent or any such Lender, certified by the President, a Vice President or a senior financial officer of the Borrower to be true, correct and complete. For the purposes of this Section 4.01(h), the Administrative Agent acknowledges that the draft Contribution Agreement dated January 26, 2007 is satisfactory to it.
Acquisition Consummated. The Sapphire Asset Sale shall have been consummated, or shall be consummated contemporaneously with the purchase of the Shares, in accordance with the terms of the Merger Agreement (as altered, amended, waived or otherwise changed or supplemented in compliance with Section 4.1(a)).
Acquisition Consummated. The Acquisition Documents shall be in full force and effect on terms and conditions satisfactory to Purchaser and in transactions anticipated thereby shall have been consummated.
Acquisition Consummated. The Acquisition shall have been ----------------------- consummated in accordance with the Acquisition Agreement.
Acquisition Consummated. The acquisition by the Borrower from the Sellers of the Shares shall have occurred, the Stock Purchase Agreement shall have been consummated in accordance with its terms, and all of the conditions precedent to its effectiveness shall have occurred.
Acquisition Consummated. The conditions set forth in Article VII of the Merger Agreement to the obligations of the Borrower to consummate the Acquisition shall have been satisfied in full (without amendment or waiver of, or other forbearance to exercise any rights with respect to, any of the terms or provisions thereof by the Borrower), and the Acquisition shall have been consummated in accordance with Article VII of the Merger Agreement.
Acquisition Consummated. The Acquisition shall have been consummated on terms and conditions satisfactory to the Administrative Agent.
