Common use of Artesyn Acquisition Clause in Contracts

Artesyn Acquisition. The Artesyn Acquisition shall have been consummated, or substantially concurrently with the initial extensions of credit under the Facilities on the Closing Date shall be consummated, in all material respects pursuant to and on the terms set forth in the Artesyn Acquisition Agreement and all conditions precedent therein to the consummation of the Artesyn Acquisition shall have been satisfied or waived in accordance with the terms thereof (and without amendment or other modification thereof or waiver of, or granting of any consent under, any provision thereof (in each case in a manner that is materially adverse to the Arrangers or the Lenders), without the consent of the Arrangers and the Lenders, such consent not to be unreasonably withheld, delayed or conditioned). For the avoidance of doubt, the term “materially adverse” to the Arrangers or the Lenders above does not include any amendment or other modification of the Artesyn Acquisition Agreement or waiver or granting of any consent thereunder that is intended to address any Losses (as defined in the Artesyn Acquisition Agreement) that do not result in a Material Adverse Effect (as defined in the Artesyn Acquisition Agreement).

Appears in 3 contracts

Samples: Credit Agreement (Advanced Energy Industries Inc), Credit Agreement (Advanced Energy Industries Inc), Credit Agreement (Advanced Energy Industries Inc)

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Artesyn Acquisition. The Artesyn Acquisition shall have been consummated, or substantially concurrently with the initial extensions of credit under the Facilities on the Closing Date shall be consummated, in all material respects pursuant to and on the terms set forth in the Artesyn Acquisition Agreement and all conditions precedent therein to the consummation of the Artesyn Acquisition shall have been satisfied or waived in accordance with the terms thereof (and without amendment or other modification thereof or waiver of, or granting of any consent under, any provision thereof (in each case in a manner that is materially adverse to the Arrangers or the Lenders), without the consent of the Arrangers and the Lenders, such consent not to be unreasonably withheld, delayed or conditioned). For the avoidance of doubt, the term “materially adverse” to the Arrangers or the Lenders above does not include any amendment or other modification of the Artesyn Acquisition Agreement or waiver or granting of any consent thereunder that is intended to address any Losses (as defined in the Artesyn Acquisition Agreement) that do not result in a Material Adverse Effect (as defined in the Artesyn Acquisition Agreement).. ​ ​

Appears in 1 contract

Samples: Credit Agreement (Advanced Energy Industries Inc)

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