Acquisitions and Sales. If a Credit Party or one of its Subsidiaries anticipates (a) making an Investment or an acquisition in excess of $75 million or (b) the sale, lease, transfer, encumbrance or disposition of a Property (or equity interest therein) for consideration in excess of $50 million, then five (5) Business Days prior to such Credit Party (or Subsidiary) taking such action, the Borrowers shall provide the Administrative Agent written notice of such action, together with a certification as to compliance with the terms of this Credit Agreement, including, without limitation, Section 7.2 (on a Pro Forma Basis), after giving effect to such action prepared and executed by the chief financial officer or chief executive officer of BRT.
Acquisitions and Sales. In connection with the sale of any Property owned by the Partnership, the General Partner shall obtain the written affirmative recommendation of the Consultant prior to entering into such transaction on behalf of the Partnership.
Acquisitions and Sales. LDI shall not, and shall not permit any of its Subsidiaries to, acquire or sell or agree to acquire or sell by merging or consolidating with, or by purchasing or selling a substantial equity interest in or a substantial portion of the assets of, or by any other manner, any business or any corporation, partnership, association or other business organization or division thereof or otherwise acquire or sell or agree to acquire or sell any assets (other than the acquisition or sale of assets used in the operations of the business of LDI and its Subsidiaries in the Ordinary Course of Business).
Acquisitions and Sales. If a Borrower or one of its Subsidiaries anticipates (a) making an Investment or an acquisition in excess of $75,000,000 or (b) the sale, lease, transfer, encumbrance or disposition of a Property (or equity interest therein) for consideration in excess of $75,000,000, then five (5) Business Days prior to such Borrower (or Subsidiary) taking such action, the Borrowers shall provide the Administrative Agent written notice of such action, together with a certification as to compliance with the terms of this Credit Agreement, including, without limitation, Section 7.2 (on a Pro Forma Basis), after giving effect to such action prepared and executed by the chief financial officer or chief executive officer of BRT; provided, however, that no such notice shall be required in connection with the Acquisition or the Spin-Out.
Acquisitions and Sales. Without the prior express written consent of Lender, neither Borrower nor either Guarantor shall (a) be a party to any merger, consolidation or corporate reorganization, (b) purchase or otherwise acquire all or substantially all of the assets or stock of, or any partnership or joint venture interest in, any other person, firm or entity, (c) sell, transfer, convey, grant a security interest in or lease all or any substantial part of its assets, nor (d) create any subsidiaries nor convey any of its assets to any subsidiary; provided, however, Borrower or either Guarantor may make acquisitions of all or substantially all of the stock or assets of other entities, so long as (i) no Event of Default exists hereunder, (ii) the purchase price payable in connection with each such acquisition, including the fair market value of any non-cash consideration, does not exceed $5,000,000, and (iii) any subsidiary of Borrower or either Corporate Guarantor created or acquired in connection with any such acquisition shall guarantee the indebtedness of Borrower to Lender and grant Lender a security interest in all of its assets to secure its obligations and the obligations of Borrower to Lender, all pursuant to documentation in form and substance satisfactory to Lender in all respects.
Acquisitions and Sales
