Acquisitions of Assets. Borrower will not acquire any assets or enter into any other transaction outside the ordinary course of Borrower’s business.
Acquisitions of Assets. Except with the prior written consent of Cubist, neither the Corporation nor any of its Subsidiaries shall purchase, license, lease or otherwise acquire any asset or properties, except for acquisitions of inventory, supplies, tools, spare parts, research equipment and supplies, laboratory equipment and supplies and biological materials, in each case in the ordinary course of business consistent with past practices. Without limiting the generality of the foregoing, neither the Corporation nor any of its Subsidiaries shall license any of intellectual property from any Person without the prior written consent of Cubist.
Acquisitions of Assets. Acquire any real Property or any material personal Property after the Effective Date unless the following conditions precedent shall have been satisfied:
(a) No Default or Event of Default shall have occurred and be continuing (or would result from the closing of the applicable acquisition, and Agent shall have received adequate information relating to the applicable acquisition to provide confirmation of this condition.
(b) If the aggregate purchase price of the applicable acquisition equals $40,000,000 or more, all of the acquisitions comprising such acquisition shall require the prior written approval of the Majority Lenders (Lenders agree that they shall respond to any request for such approval within thirty (30) days after receipt of such request in writing accompanied by adequate information relating to all such acquisitions in order to evaluate their projected impact. If any Lender shall fail to respond to such a request within such thirty (30) day period, the applicable Lender shall be deemed to have given its consent to all of such acquisitions).
(c) If Borrower or any other Obligor (other than Carrols Holdings) shall have acquired any real Property or material personal Property without having obtained any Advance Loans to finance the purchase thereof, Borrower shall give written notice to Agent concurrently with such acquisition. Such written notice shall indicate the acquisition date of the applicable Property. At any time after 225 days after such acquisition date but prior to the expiration of the 270 Day Period commencing on such acquisition date, the Majority Lenders may, by written notice to Borrower, require that Borrower borrow Advance Loans in connection with such acquisition and satisfy all conditions precedent to such Advance Loans prior to the expiration of such 270 Day Period. The amount of the applicable Advance Loan Tranche shall be (i) if the aggregate costs related to such acquisition are less than $13,333,334, the lesser of 75% of such aggregate costs and the Advance Loan Commitments remaining unused or (ii) if the aggregate costs related to such acquisition are $13,333,334 or more, (A) the lesser of $10,000,000 and the Advance Loan Commitments remaining unused or (B) such greater amount as Borrower may specify (not to exceed the lesser of 75% of such aggregate costs and the Advance Loan Commitments remaining unused). The sites identified on Exhibit K hereto under the heading "October 29, 1996 Purchase of Real Estate" shall be s...
Acquisitions of Assets. Acquire any real Property or any material ---------------------- personal Property after the Effective Date unless the following conditions precedent shall have been satisfied:
(a) No Default or Event of Default shall have occurred and be continuing (or would result from the closing of the applicable acquisition), and Agent shall have received adequate information relating to the applicable acquisition to provide confirmation of this condition.
(b) If the (i) aggregate purchase price of the applicable acquisition equals $50,000,000 or more or (ii) applicable acquisition does not involve Burger King franchised units, such acquisition shall require the prior written approval of the Majority Lenders (Lenders agree that they shall respond to any request for such approval within thirty (30) days after receipt of such request in writing accompanied by adequate information relating to such acquisition in order to evaluate its projected impact. If any Lender shall fail to respond to such a request within such thirty (30) day period, the applicable Lender shall be deemed to have given its consent to such acquisition).
Acquisitions of Assets. Acquire any fixed assets other than those required for the maintenance of the Shipowner's existing assets, including the normal maintenance and operation of any vessel or vessels owned or chartered by the Shipowner;
Acquisitions of Assets. Acquire any real Property or any material personal Property after the Effective Date unless the following conditions precedent shall have been satisfied:
(a) No Default or Event of Default shall have occurred and be continuing (both before and, on a pro forma basis, after giving effect to the closing of the applicable acquisition), and Agent shall have received adequate information relating to the applicable acquisition to provide confirmation of this condition.
(b) The Total Leverage Ratio, after giving effect to the closing of the applicable acquisition, would not exceed the greater of (x) the then current covenant level under Section 7.3(b) hereof minus 0.25 or (y) 5.00 to 1.00.
(c) If any acquisition would cause the aggregate purchase price of all acquisitions within any twelve (12) month period to exceed $100,000,000, such acquisition (but not any of the prior acquisitions) shall require the prior written approval of the Majority Lenders (Lenders agree that they shall respond to any request for such approval within thirty (30) days after receipt of such request in writing accompanied by adequate information relating to such acquisition in order to evaluate its projected impact. If any Lender shall fail to respond to such a request within such thirty (30) day period, the applicable Lender shall be deemed to have given its consent to such acquisition).
Acquisitions of Assets acquire any material properties or assets (except in the Ordinary Course of Business);
Acquisitions of Assets. Borrower will not acquire any assets or enter into any other transaction outside the ordinary course of Borrower’s business except acquisitions of businesses in the same line of business as Borrower (each, an “Acquisition” and collectively, “Acquisitions”) provided, however, that prior to each proposed Acquisition, Trade Bank must review and approve, in its sole and absolute discretion, a pro forma balance sheet (to include income statement and balance sheet), reflecting such acquisition and such other information as Trade Bank shall reasonably request; and provided further that all Acquisitions permitted hereunder shall not exceed $10,000,000 in the aggregate prior to the Facility Terminantion Date.
Acquisitions of Assets. The Borrower and any of its Subsidiaries may not acquire Assets from any Person except Eligible Assets, such incidental personal property as may be necessary for the operation of the Eligible Assets and the other Collateral, in any event as permitted under this Agreement.
Acquisitions of Assets. Borrower will not acquire any assets or enter into any other transaction outside the ordinary course of Borrower's business IF THE TOTAL AMOUNT SPENT ON ACQUIRING SUCH ASSETS OR IN CONNECTION WITH SUCH OTHER TRANSACTION EXCEEDS AN AGGREGATE AMOUNT OF $10,000,000.
