Common use of Application of Facilities Clause in Contracts

Application of Facilities. The Credit Facilities established hereby shall be used by the Borrowers and their Subsidiaries for any lawful purpose, including: (a) refinance existing Debt of the Parent Borrower and its Subsidiaries outstanding under the Prior Bank Commitment; and (b) finance the working capital needs, capital expenditures, acquisitions permitted under this Agreement and all other general corporate purposes of the Borrowers and their Subsidiaries; provided, however, that no portion of the proceeds of any Loan shall be used to fund any such acquisition unless at such time (to the extent required by law and/or the corporate governance or other organizational documents of the target company) the board of directors or other similar governing body of the target company shall have either (i) approved such acquisition or recommended it to shareholders or (ii) taken a position that it will neither recommend for or against such acquisition; and, accordingly, each of the Borrowers shall apply all amounts borrowed by it hereunder in conformity with such purposes and neither the Administrative Agent nor any Lender shall be obligated to see to the application thereof.

Appears in 2 contracts

Samples: Credit Agreement (Brinks Co), Credit Agreement (Brinks Co)

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Application of Facilities. The Credit Facilities established hereby shall be used by the Borrowers and their Subsidiaries for any lawful purpose, including, without being limited to: (a) refinance existing Debt of the Parent Borrower and its Subsidiaries outstanding under the Prior Bank Commitment; and (b) finance the working capital needscapital, capital expenditures, acquisitions permitted under this Agreement and all other general corporate purposes of the Borrowers and their Subsidiaries; provided, however, that no portion of the proceeds of any Loan shall be used to fund any such acquisition unless at such time (to the extent required by law and/or the corporate governance or other organizational documents of the target subject company) the board of directors or other similar governing body of the target subject company shall have either (i) approved such acquisition or recommended it to shareholders or (ii) taken a position that it will neither recommend for or against such acquisition; and, accordingly, each of the Borrowers shall apply all amounts borrowed by it hereunder in conformity with such purposes and neither the Administrative Agent nor any Lender shall be obligated to see to the application thereof.

Appears in 2 contracts

Samples: Credit Agreement (Brinks Co), Credit Agreement (Brinks Co)

Application of Facilities. The Credit Facilities established hereby shall be used by the Borrowers Borrower and their its Restricted Subsidiaries for any lawful purpose, including, without being limited to: (a) refinance existing Debt of the Parent Borrower and its Subsidiaries outstanding under the Prior Bank Commitment; and (b) finance the working capital needscapital, capital expenditures, acquisitions permitted under this Agreement and all other general corporate purposes of the Borrowers Borrower and their its Subsidiaries; provided, however, that no portion of the proceeds of any Loan shall be used to fund any such acquisition unless at such time (to the extent required by law and/or the corporate governance or other organizational documents of the target subject company) the board of directors or other similar governing body of the target subject company shall have either (i) approved such acquisition or recommended it to shareholders or (ii) taken a position that it will neither recommend for or against such acquisition; and, accordingly, each of the Borrowers Borrower shall apply all amounts borrowed by it hereunder in conformity with or towards satisfaction of such purposes and neither the Administrative Agent nor any Lender shall be obligated to see to the application thereof.

Appears in 1 contract

Samples: Credit Agreement (Pittston Co)

Application of Facilities. The Credit Facilities Facility established hereby shall be used by the Borrowers Borrower and their its Restricted Subsidiaries for any lawful purpose, including, without being limited to: (a) refinance existing Debt of the Parent Borrower and its Subsidiaries Subsidiaries, including without limitation, Debt outstanding under the Prior Bank Commitment; and (b) finance the working capital needscapital, capital expenditures, acquisitions permitted under this Agreement and all other general corporate purposes of the Borrowers Borrower and their its Subsidiaries; provided, however, that no portion of the proceeds of any Loan shall be used to fund any such acquisition unless at such time (to the extent required by law and/or the corporate governance or other organizational documents of the target company) the board of directors or other similar governing body of the target subject company shall have either (i) approved such acquisition or recommended it to shareholders or (ii) taken a position that it will neither recommend for or against such acquisition; and, accordingly, each of the Borrowers Borrower shall apply all amounts borrowed by it hereunder in conformity with or towards satisfaction of such purposes and neither the Administrative Agent nor any Lender shall be obligated to see to the application thereof.

Appears in 1 contract

Samples: Credit Agreement (Pittston Co)

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Application of Facilities. The Credit Facilities established hereby shall be used by the Borrowers and their Subsidiaries for any lawful purpose, including, without being limited to: (a) refinance existing Debt of the Parent Borrower and its Subsidiaries outstanding under the Prior Bank Commitment; and (b) finance the working capital needscapital, capital expenditures, acquisitions permitted under this Agreement and all other general corporate purposes of the Borrowers and their Subsidiaries; provided, however, that no portion of the proceeds of any Loan shall be used to fund any such acquisition unless at such time (to the extent required by law and/or the corporate governance or other organizational documents of the target subject company) the board of directors or other similar governing body of the target subject company shall have either (i) approved such acquisition or recommended it to shareholders or (ii) taken a position that it will neither recommend for or against such acquisition; and, accordingly, each of the Borrowers shall apply all amounts borrowed by it hereunder in conformity with or towards satisfaction of such purposes and neither the Administrative Agent nor any Lender shall be obligated to see to the application thereof.

Appears in 1 contract

Samples: Credit Agreement (Brinks Co)

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