Bamagas. Notwithstanding anything to the contrary in this Agreement, and without limiting any restrictions on Subsidiaries of the Parent, including Bamagas, otherwise set forth in this Article VII, neither Parent nor AMID Borrower shall: (a) permit Bamagas to create, incur, assume or permit to exist any Indebtedness or Disqualified Equity Interest; (i) except for the rights of first refusal in favor of Calpine Energy Services, L.P. and its successors and assigns existing on the Original Closing Date, permit Bamagas to create, incur, assume or permit to exist any Lien on any Property now owned or hereafter acquired by it, except Liens permitted by Section 7.01, or (ii) permit any Lien to exist on the Equity Interests of Bamagas other than pursuant to the Loan Documents; (c) permit Bamagas to become a non-wholly owned Subsidiary; (d) permit Bamagas to merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with it; (e) permit Bamagas to engage in any material business or own any material property or assets other than businesses conducted by it and the property and assets owned by it on the date hereof; (f) permit Bamagas to fail to distribute its “distributable cash” as calculated for any fiscal quarter to its owners by the end of the following fiscal quarter; provided that for purposes of this Section 7.24(f), “distributable cash” shall mean revenue less (i) operating costs and (ii) maintenance capital expenditures; (g) (i) permit Bamagas to enter into, incur or permit to exist any Contractual Obligation that prohibits, restricts or imposes any condition upon the ability of Bamagas to create Liens upon its property or assets in favor of the Secured Parties, other than the Contractual Obligations set forth on Schedule 7.24(g) (which Contractual Obligations may not be amended or modified to make the prohibitions, restrictions or conditions therein related to the ability of Bamagas to create Liens upon its property or assets more restrictive than those that exist therein on the date hereof); or (ii) enter into, incur or permit to exist any Contractual Obligation that prohibits, restricts or imposes any condition on (A) the ability of the Parent and its Subsidiaries to grant Liens on the Equity Interests in Bamagas pursuant to the Loan Documents, or (B) the ability of Bamagas to make Restricted Payments with respect to any of its Equity Interests; or (h) make any Investments in Bamagas in excess of $10,000,000 in the aggregate for all such Investments.
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Bamagas. Notwithstanding anything to the contrary in this Agreement, and without limiting any restrictions on Subsidiaries of the Parent, including Bamagas, otherwise set forth in this Article VII, neither Parent nor AMID Borrower shall:
(a) permit Bamagas to create, incur, assume or permit to exist any Indebtedness or Disqualified Equity Interest;
(i) except for the rights of first refusal in favor of Calpine Energy Services, L.P. and its successors and assigns existing on the Original Closing Date, permit Bamagas to create, incur, assume or permit to exist any Lien on any Property now owned or hereafter acquired by it, except Liens permitted by Section 7.01, or (ii) permit any Lien to exist on the Equity Interests of Bamagas other than pursuant to the Loan Documents;
(c) permit Bamagas to become a non-wholly owned Subsidiary;
(d) permit Bamagas to merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with it;
(e) permit Bamagas to engage in any material business or own any material property or assets other than businesses conducted by it and the property and assets owned by it on the date hereof;
(f) permit Bamagas to fail to distribute its “distributable cash” as calculated for any fiscal quarter to its owners by the end of the following fiscal quarter; provided that for purposes of this Section 7.24(f), “distributable cash” shall mean revenue less (i) operating costs and (ii) maintenance capital expenditures;
(g) (i) permit Bamagas to enter into, incur or permit to exist any Contractual Obligation that prohibits, restricts or imposes any condition upon the ability of Bamagas to create Liens upon its property or assets in favor of the Secured Parties, other than the Contractual Obligations set forth on Schedule 7.24(g) (which Contractual Obligations may not be amended or modified to make the prohibitions, restrictions or conditions therein related to the ability of Bamagas to create Liens upon its property or assets more restrictive than those that exist therein on the date hereof); or (ii) enter into, incur or permit to exist any Contractual Obligation that prohibits, restricts or imposes any condition on (A) the ability of the Parent and its Subsidiaries to grant Liens on the Equity Interests in Bamagas pursuant to the Loan Documents, or (B) the ability of Bamagas to make Restricted Payments with respect to any of its Equity Interests; or
(h) make any Investments in Bamagas in excess of $10,000,000 in the aggregate for all such Investments.
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Samples: Credit Agreement
Bamagas. Notwithstanding anything to the contrary in this Agreement, and without limiting any restrictions on Subsidiaries of the Parent, including Bamagas, otherwise set forth in this Article VII, neither Parent nor AMID Borrower shall:
(a) permit Bamagas to create, incur, assume or permit to exist any Indebtedness or Disqualified Equity Interest;
(i) except for the rights of first refusal in favor of Calpine Energy Services, L.P. and its successors and assigns existing on the Original Closing Date, permit Bamagas to create, incur, assume or permit to exist any Lien on any Property property now owned or hereafter acquired by it, except Liens permitted by Section 7.01, or (ii) permit any Lien to exist on the Equity Interests of Bamagas other than pursuant to the Loan Documents;
(c) permit Bamagas to become a non-wholly owned Subsidiary;
(d) permit Bamagas to merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with it;
(e) permit Bamagas to engage in any material business or own any material property or assets other than businesses conducted by it and the property and assets owned by it on the date hereof;
(f) permit Bamagas to fail to distribute its “distributable cash” as calculated for any fiscal quarter to its owners by the end of the following fiscal quarter; provided that for purposes of this Section 7.24(f), “distributable cash” shall mean revenue less (i) operating costs and (ii) maintenance capital expenditures;
(g) (i) permit Bamagas to enter into, incur or permit to exist any Contractual Obligation that prohibits, restricts or imposes any condition upon the ability of Bamagas to create Liens upon its property or assets in favor of the Secured Parties, other than the Contractual Obligations set forth on Schedule 7.24(g) (which Contractual Obligations may not be amended or modified to make the prohibitions, restrictions or conditions therein related to the ability of Bamagas to create Liens upon its property or assets more restrictive than those that exist therein on the date hereof); or (ii) enter into, incur or permit to exist any Contractual Obligation that prohibits, restricts or imposes any condition on (A) the ability of the Parent and its Subsidiaries to grant Liens on the Equity Interests in Bamagas pursuant to the Loan Documents, or (B) the ability of Bamagas to make Restricted Payments with respect to any of its Equity Interests; or
(h) make any Investments in Bamagas in excess of $10,000,000 in the aggregate for all such Investments.
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Bamagas. Notwithstanding anything to the contrary in this Agreement, and without limiting any restrictions on Subsidiaries of the Parent, including Bamagas, otherwise set forth in this Article VII, neither Parent nor AMID Borrower shall:
(a) permit Bamagas to create, incur, assume or permit to exist any Indebtedness or Disqualified Equity Interest;
(i) except for the rights of first refusal in favor of Calpine Energy Services, L.P. and its successors and assigns existing on the Original Closing Date, permit Bamagas to create, incur, assume or permit to exist any Lien on any Property now owned or hereafter acquired by it, except Liens permitted by Section 7.01, or (ii) permit any Lien to exist on the Equity Interests of Bamagas other than pursuant to the Loan Documents;
(c) permit Bamagas to become a non-wholly owned Subsidiary;
(d) permit Bamagas to merge into or consolidate with any other Person, or permit any other Person to merge into or consolidate with it;
(e) permit Bamagas to engage in any material business or own any material property or assets other than businesses conducted by it and the property and assets owned by it on the date hereof;
(f) permit Bamagas to fail to distribute its “distributable cash” as calculated for any fiscal quarter to its owners by the end of the following fiscal quarter; provided that for purposes of this Section 7.24(f), “distributable cash” shall mean revenue less (i) operating costs and (ii) maintenance capital expenditures;
(g) (i) permit Bamagas to enter into, incur or permit to exist any Contractual Obligation that prohibits, restricts or imposes any condition upon the ability of Bamagas to create Liens upon its property or assets in favor of the Secured Parties, other than the Contractual Obligations set forth on Schedule 7.24(g) (which Contractual Obligations may not be amended or modified to make the 103 prohibitions, restrictions or conditions therein related to the ability of Bamagas to create Liens upon its property or assets more restrictive than those that exist therein on the date hereof); or (ii) enter into, incur or permit to exist any Contractual Obligation that prohibits, restricts or imposes any condition on (A) the ability of the Parent and its Subsidiaries to grant Liens on the Equity Interests in Bamagas pursuant to the Loan Documents, or (B) the ability of Bamagas to make Restricted Payments with respect to any of its Equity Interests; or
(h) make any Investments in Bamagas in excess of $10,000,000 in the aggregate for all such Investments.
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