Common use of Atcon Clause in Contracts

Atcon. Notwithstanding anything to the contrary contained herein or otherwise, Atcon shall not (i) have any operations or assets other than the loans made with the proceeds of the Term B Loans to Euro Sub and the proceeds thereof and security therefor, (ii) sell, transfer, assign or otherwise convey any or all of its assets or equity interests other than to the Agent, (iii) use the proceeds of a payment on a German Note for any purpose other than to make a payment of principal or interest on Term B Loans or (iv) incur any Indebtedness (other than the Term B Loans), sell any equity or accept any capital contribution. In addition, notwithstanding anything to the contrary contained herein or otherwise, (i) no Person (other than the Term B Lenders) shall make any loan, advance or capital contribution to (or purchase of equity from) Atcon and (ii) CBI shall not sell, transfer, assign or otherwise convey any or all of its equity interest in Atcon (other than to the Agent).

Appears in 5 contracts

Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)

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