Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 44 contracts
Samples: Credit Agreement (First Cash Financial Services Inc), Credit Agreement (Kimball International Inc), Loan Agreement (Equity Oil Co)
Affiliates. The Borrower will not, and nor will not it permit any Subsidiary of its Subsidiaries to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 28 contracts
Samples: Credit Agreement (Retail Properties of America, Inc.), Term Loan Agreement (Retail Properties of America, Inc.), Credit Agreement (Retail Properties of America, Inc.)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 21 contracts
Samples: Credit Agreement (Orchids Paper Products CO /DE), Credit Agreement (New Age Beverages Corp), Credit Agreement (Daktronics Inc /Sd/)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, including the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate that is not a Subsidiary except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 19 contracts
Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co), Credit Agreement
Affiliates. The Borrower will not, and nor will not it permit any Subsidiary of its Subsidiaries to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 13 contracts
Samples: Credit Agreement (Inland Real Estate Corp), Credit Agreement (Inland Real Estate Corp), Credit Agreement (Inland Real Estate Corp)
Affiliates. The Borrower will not, and nor will not it permit any Subsidiary of its Subsidiaries to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 11 contracts
Samples: Senior Credit Agreement (Terreno Realty Corp), Senior Credit Agreement (Terreno Realty Corp), Senior Credit Agreement (Terreno Realty Corp)
Affiliates. The Borrower will not, and nor will not it permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 5 contracts
Samples: Credit Agreement (Alleghany Corp /De), Loan Agreement (Richardson Electronics LTD/De), Loan Agreement (Richardson Electronics LTD/De)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 4 contracts
Samples: Credit Agreement (Aar Corp), Credit Agreement (Aar Corp), Credit Agreement (Aar Corp)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, including the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate that is not a Subsidiary except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 4 contracts
Samples: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)
Affiliates. The Borrower will not, and will not permit any ---------- Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 3 contracts
Samples: Credit Agreement (Gardner Denver Inc), Credit Agreement (Qad Inc), Interim Credit Agreement (Gardner Denver Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction; provided that the foregoing shall not be construed as prohibiting a transfer of assets from a Subsidiary to the Borrower or the merger of a Subsidiary into the Borrower.
Appears in 3 contracts
Samples: Credit Agreement (Petco Animal Supplies Inc), Credit Agreement (Petco Animal Supplies Inc), Credit Agreement (Star Telecommunications Inc)
Affiliates. The Borrower will not, and will not permit any ---------- Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable armsarm's-length transaction.
Appears in 3 contracts
Samples: Credit Agreement (Transit Group Inc), Credit Agreement (Transit Group Inc), Acquisition Credit Agreement (Transit Group Inc)
Affiliates. The Each Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the such Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the such Borrower or such Subsidiary than the such Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 2 contracts
Samples: Credit Agreement (MPW Industrial Services Group Inc), Credit Agreement (MPW Industrial Services Group Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, including the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate (other than the Borrower or another Subsidiary) except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable armsarm's-length transaction.
Appears in 2 contracts
Samples: Credit Agreement (Ch Energy Group Inc), Credit Agreement (Ch Energy Group Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except (a) in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to and (b) transactions among the Borrower or such Subsidiary than and Wholly-Owned Subsidiaries of the Borrower or such Subsidiary would obtain in a comparable arms-length transactionBorrower.
Appears in 2 contracts
Samples: Term Credit Agreement (Raymond James Financial Inc), Revolving Credit Agreement (Raymond James Financial Inc)
Affiliates. The Borrower will not, and will not permit any Parent or any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 2 contracts
Samples: Credit Agreement (Clark/Bardes Holdings Inc), Credit Agreement (Clark/Bardes Holdings Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except (i) in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transactiontransaction and (ii) a Permitted Securitization.
Appears in 2 contracts
Samples: Credit Agreement (Houghton Mifflin Co), Credit Agreement (Houghton Mifflin Co)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 2 contracts
Samples: Revolving Credit Agreement (DPL Inc), Revolving Credit Agreement (Dayton Power & Light Co)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except (a) in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transactiontransaction and (b) as otherwise permitted by this Agreement.
Appears in 2 contracts
Samples: Omnibus Amendment to Loan Documents (Cabelas Inc), Credit Agreement (Cabelas Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-arms length transaction.
Appears in 2 contracts
Samples: Term Loan Agreement (Amli Residential Properties Trust), Credit Agreement (Amli Residential Properties Trust)
Affiliates. The Borrower will not, and nor will not it permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate Affiliate, except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, including the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Affiliates. The Borrower Borrowers will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the applicable Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the such Borrower or such Subsidiary than the such Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Samples: Credit Agreement (Amresco Inc)
Affiliates. The Borrower will not, not and will not permit any Subsidiary to, of the Borrower to enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in (other than the ordinary course Borrower or any Subsidiary of business the Borrower and pursuant other than distributions to the reasonable requirements partners of the Borrower's or such Subsidiary's business and ) except upon fair and reasonable terms no not materially less favorable to the Borrower or any Subsidiary of the Borrower, as applicable, than such Subsidiary than the Borrower or such Subsidiary party would obtain in a comparable arms-length transaction.
Appears in 1 contract
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, including the purchase or sale of any Property property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no not materially less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-arm’s length transaction.
Appears in 1 contract
Samples: Credit Agreement (Nike Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate Affiliate, except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Affiliates. The Borrower will not, and nor will not it permit any Subsidiary of its Subsidiaries to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Samples: Term Loan Agreement (Developers Diversified Realty Corp)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except (a) in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transactiontransaction and (b) transactions among the Borrower and Guarantors.
Appears in 1 contract
Affiliates. The Borrower will not, and will not permit Parent or any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Samples: Credit Agreement (Clark Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary ---------- to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Samples: Revolving Credit Agreement (DPL Inc)
Affiliates. The Borrower will not, and nor will not it permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Samples: Credit Agreement (American Medical Security Group Inc)
Affiliates. The Borrower will not, and will not permit any __________ Subsidiary to, enter into any transaction (including, without limitation, including the purchase or sale of any Property property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-arm's length transaction.
Appears in 1 contract
Samples: Credit Agreement (Nike Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate (other than a Subsidiary) except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Samples: Credit Agreement (SCP Pool Corp)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transactiontransaction or (ii) transactions comprising the Spin-Off Transaction.
Appears in 1 contract
Affiliates. The Borrower Borrowers will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the a Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the such Borrower or such Subsidiary than the that which such Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Affiliates. The Borrower Borrowers will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, including the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's Borrowers’ or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower Borrowers or such Subsidiary than the Borrower Borrowers or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Affiliates. The Borrower will not, and will not permit any ---------- Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon terms deemed fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transactionby FERC.
Appears in 1 contract
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate (other than the Guarantor) except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Samples: Credit Agreement (Wam Net Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any material transaction (including, without limitation, including the purchase or sale of any Property property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no not materially less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-arm’s length transaction.
Appears in 1 contract
Samples: Credit Agreement (NIKE, Inc.)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.. SIDLEY AUSTIN BROWN & WOOD
Appears in 1 contract
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except (i) in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Samples: Credit Agreement (Dmi Furniture Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate Affiliate, including Holdings, except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Samples: Credit Agreement (Roadway Corp)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, including the purchase or sale of any Property property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-arm’s length transaction.
Appears in 1 contract
Samples: Credit Agreement (Nike Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable armsarm's-length transaction.
Appears in 1 contract
Samples: Credit Agreement (Jason Inc)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable armsarm's-length transaction.
Appears in 1 contract
Affiliates. The Borrower will not, and will not permit any Material Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Material Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Material Subsidiary than the Borrower or such Material Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Affiliates. The Borrower will not, and will not permit any Subsidiary subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property property or service) with, or make any payment or transfer to, any Affiliate affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiarysubsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary subsidiary than the Borrower or such Subsidiary subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Affiliates. The Borrower will not, and will not permit __________ any Subsidiary to, enter into any transaction (including, without limitation, including the purchase or sale of any Property property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-arm's length transaction.
Appears in 1 contract
Samples: Credit Agreement (Nike Inc)
Affiliates. The Except to the extent required by applicable Law or regulation, the Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, including the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Affiliates. The Borrower will not, and it will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length transaction.
Appears in 1 contract
Samples: Credit Agreement (Tc Pipelines Lp)
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's or such Subsidiary's business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-length arms‑length transaction.
Appears in 1 contract
Affiliates. The Borrower will not, and will not permit any Subsidiary to, enter into any transaction (including, without limitation, the purchase or sale of any Property or service) with, or make any payment or transfer to, any Affiliate except in the ordinary course of business and pursuant to the reasonable requirements of the Borrower's ’s or such Subsidiary's ’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than the Borrower or such Subsidiary would obtain in a comparable arms-arms length transaction; provided, however, that the foregoing shall not apply to transactions exclusively between and among the Borrower and its Subsidiaries.
Appears in 1 contract
Samples: Credit Agreement (Clarcor Inc)