Common use of Acquisitions, Generally Clause in Contracts

Acquisitions, Generally. In connection with any Permitted Acquisition made by the Parent, the Borrower or any Restricted Subsidiary during the term of this Agreement, the Borrower and the Parent shall and shall cause each Restricted Subsidiary to, (a) not less than ten Business Days prior to the proposed acquisition date, deliver to Administrative Agent a detailed written description of the proposed Permitted Acquisition in form reasonably acceptable to the Administrative Agent, and (b) prior to the consummation of the acquisition a statement certified by an Authorized Officer that (i) the proposed transaction complies with the definition of Permitted Acquisition set forth in Article I hereof and with the terms and conditions set forth in Section 8.05(b) hereof and/or, to the extent applicable, Section 8.05(d) hereof, and (ii) no Default or Event of Default exists prior to or after giving effect to any requested Advance or the consummation of such acquisition, or will exist upon consummation of the proposed acquisition and related borrowings and transactions, together with a Compliance Certificate computed after giving effect to such acquisition and borrowings.

Appears in 2 contracts

Samples: Credit Agreement (Ixc Communications Inc), Credit Agreement (Ixc Communications Inc)

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Acquisitions, Generally. In connection with any Permitted Acquisition made by the Parent, the Borrower or any Restricted Subsidiary of the Borrower during the term of this Agreement, the Borrower and shall or shall cause the Parent shall and shall cause each Restricted or such Subsidiary to, (a) not less than ten Business Days prior to the proposed acquisition date, deliver to Administrative Agent Lender a detailed written description of the proposed Permitted Acquisition in form reasonably acceptable to the Administrative AgentLender, and (b) prior to the consummation of the acquisition a statement certified by an Authorized Officer that (i) the proposed transaction complies with the definition of Permitted Acquisition set forth in Article I hereof and with the terms and conditions set forth in Section 8.05(b) hereof and/or, to the extent applicable, Section 8.05(d) hereof, and (ii) no Default or Event of Default exists prior to or after giving effect to any requested Advance or the consummation of such acquisition, or will exist upon consummation of the proposed acquisition and related borrowings and transactions, together with a Compliance Certificate computed after giving effect to such acquisition and borrowings.

Appears in 2 contracts

Samples: Credit Agreement (Itc Deltacom Inc), Credit Agreement (Itc Deltacom Inc)

Acquisitions, Generally. In connection with any Permitted Acquisition made by the Parent, the either Borrower or any Restricted Subsidiary of their Subsidiaries during the term of this Agreement, the such Borrower and the Parent shall and or shall cause each Restricted such Subsidiary to, (a) not less than ten five Business Days prior to the proposed acquisition date, deliver to Administrative Agent a detailed written description of the proposed Permitted Acquisition in form reasonably acceptable to the Administrative Agent, and (b) prior to the consummation of the acquisition a statement certified by an Authorized Officer that (i) the proposed transaction complies with the definition of Permitted Acquisition set forth in Article I hereof and with the terms and conditions set forth in Section 8.05(b) hereof and/or, to the extent applicable, Section 8.05(d) Article VIII hereof, and (ii) no Default or Event of Default exists prior to or after giving effect to any requested Advance or the consummation of such acquisition, or will exist upon consummation of the proposed acquisition and related borrowings and transactions, together with a Compliance Certificate computed after giving effect to such acquisition and borrowings.

Appears in 1 contract

Samples: Credit Agreement (Pacific Gateway Exchange Inc)

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Acquisitions, Generally. In connection with any Permitted Acquisition made by the Parent, the Borrower or any Restricted Subsidiary during the term of this Agreement, the Borrower and the Parent shall and or shall cause each such Restricted Subsidiary to, (a) not less than ten Business Days prior to the proposed acquisition date, deliver to Administrative Agent a detailed written description of the proposed Permitted Acquisition in form reasonably acceptable to the Administrative Agent, and (b) prior to the consummation of the acquisition a statement certified by an Authorized Officer that (i) the proposed transaction complies with the definition of Permitted Acquisition set forth in Article I hereof and with the terms and conditions set forth in Section 8.05(b) hereof and/or, to the extent applicable, Section 8.05(d) hereof, and (ii) no Default or Event of Default exists prior to or after giving effect to any requested Advance or the consummation of such acquisition, or will exist upon consummation of the proposed acquisition and related borrowings and transactions, together with a Compliance Certificate computed after giving effect to such acquisition and borrowings.

Appears in 1 contract

Samples: Credit Agreement (Pacific Gateway Exchange Inc)

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