Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 23 contracts
Samples: Credit Agreement (Umh Properties, Inc.), Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Duluth Holdings Inc.)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 14 contracts
Samples: Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-Owned Subsidiaries) or the Parent on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each otherother other than management fees payable by Hewitt Services LLC and the Parent to the Borrower.
Appears in 4 contracts
Samples: Day Credit Agreement (Hewitt Associates Inc), Credit Agreement (Hewitt Associates Inc), Credit Agreement (Hewitt Associates Inc)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other, provided that the foregoing shall not apply to any Permitted Transaction.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Penford Corp), Credit Agreement (Penford Corp), Credit Agreement (Penford Corp)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries which are Domestic Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 3 contracts
Samples: Credit Agreement (Plexus Corp), Credit Agreement (Plexus Corp), Credit Agreement (Plexus Corp)
Burdensome Contracts With Affiliates. The Borrower shall will not, nor shall it and will not permit any Subsidiary of its Subsidiaries to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 3 contracts
Samples: Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any material contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 3 contracts
Samples: Credit Agreement (Maf Bancorp Inc), Credit Agreement (Apac Teleservices Inc), Credit Agreement (Apac Teleservices Inc)
Burdensome Contracts With Affiliates. The Except as set forth on Schedule 6.14, the Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 3 contracts
Samples: Credit Agreement (DG FastChannel, Inc), Bridge Loan Agreement (DG FastChannel, Inc), Credit Agreement (DG FastChannel, Inc)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 3 contracts
Samples: Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Quadrant 4 System Corp), Credit Agreement (Duluth Holdings Inc.)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Borrower Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly‑owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Borrower Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 3 contracts
Samples: Credit Agreement (Intl Fcstone Inc.), Credit Agreement (Intl Fcstone Inc.), Credit Agreement (Intl Fcstone Inc.)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.except:
Appears in 2 contracts
Samples: Petition Credit Agreement (Pilgrims Pride Corp), Pilgrims Pride Corp
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary of its Subsidiaries to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (National Credit & Guaranty CORP), Credit Agreement (Kimball Hill, Inc.)
Burdensome Contracts With Affiliates. The Neither the Parent nor the Borrower shall notshall, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (Smart Balance, Inc.), Credit Agreement (Smart Balance, Inc.)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (BIO-TECHNE Corp), Credit Agreement (BIO-TECHNE Corp)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Guarantors) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (Unified Western Grocers Inc), Credit Agreement (Unified Western Grocers Inc)
Burdensome Contracts With Affiliates. The Neither the Parent nor the Borrower shall notshall, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries that are Guarantors) on terms and conditions which are less favorable to the Parent, the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other, except for the Management Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Excelligence Learning Corp), Credit Agreement (Excelligence Learning Corp)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than transactions between the Borrower and a Wholly-Owned Subsidiary or between Wholly-Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Gallagher Arthur J & Co), Credit Agreement (Gallagher Arthur J & Co)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-Owned Subsidiaries) or the Parent on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each otherother other than management fees payable by Xxxxxx Services LLC and the Parent to the Borrower.
Appears in 2 contracts
Samples: Hewitt Associates Inc, Hewitt Associates Inc
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (Twin Disc Inc), Credit Agreement (Air T Inc)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary of its Subsidiaries to, enter into any contract, agreement agreement, or business arrangement with any of its Affiliates (other than with Wholly-Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements agreements, or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (Lamson & Sessions Co), Credit Agreement (Lamson & Sessions Co)
Burdensome Contracts With Affiliates. The Borrower shall will not, nor shall will it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (Homegold Financial Inc), Credit Agreement (Homegold Financial Inc)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, not enter into any contract, agreement or business arrangement (including, without limitation, contracts for the sale of any Property) with any of its Affiliates on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (First Interstate Bancsystem Inc), Credit Agreement (Community First Bankshares Inc)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Borrower Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Borrower Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (StoneX Group Inc.), Credit Agreement (International Assets Holding Corp)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than Guarantors and Ascension) on terms and conditions which are less favorable to the Borrower or such Subsidiary Guarantor or Ascension than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (Accretive Health, Inc.), Credit Agreement (Accretive Health, Inc.)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary of its Subsidiaries to, enter into any contract, agreement agreement, or business arrangement with any of its Affiliates (other than with Wholly-Owned Subsidiaries that are Guarantors) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements agreements, or business arrangements between Persons not affiliated with each other.
Appears in 2 contracts
Samples: Credit Agreement (Lamson & Sessions Co), Credit Agreement (Lamson & Sessions Co)
Burdensome Contracts With Affiliates. The Except as otherwise set forth for in the Affiliate Agreements as in effect on the date hereof, the Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Burdensome Contracts With Affiliates. The Borrower Except to the extent permitted by Section 9.12(j) hereof, the Borrowers shall not, nor shall it they permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-Owned Subsidiaries) on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with any Wholly-owned Subsidiary of the Borrower) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Credit Agreement (StoneX Group Inc.)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than as set forth on Schedule 5.14 hereto) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other. Borrower shall provide a copy to Collateral Agent of any contract, agreement or business arrangement entered into between Borrower or its Subsidiaries and any Affiliate thereof.
Appears in 1 contract
Samples: Senior Subordinated Credit Agreement (Quadrant 4 System Corp)
Burdensome Contracts With Affiliates. The Neither Borrower shall notshall, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Credit Agreement (CTS Corp)
Burdensome Contracts With Affiliates. The Each Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Credit Agreement (Chartermac)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Borrower Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Agora-X, LLC, Farmers Commodities Transportation Company or any Wholly-owned Subsidiary of the Borrower) on terms and conditions which are less favorable to Holdings, the Parent, the Borrower or such Borrower Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Credit Agreement (International Assets Holding Corp)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, Borrowers will not enter into any contract, agreement or business arrangement with any of its their Affiliates on terms and conditions which are less favorable to the Borrower or such Subsidiary Borrowers than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Secured Credit Agreement (Cycle Country Accessories Corp)
Burdensome Contracts With Affiliates. The No Borrower shall notshall, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Burdensome Contracts With Affiliates. The No Borrower shall notshall, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Credit Agreement (Penford Corp)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates other than with Wholly owned Subsidiaries on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Credit Agreement (Female Health Co)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons with a Person not affiliated with each otheran Affiliate, except as described in Section 6.14 hereof.
Appears in 1 contract
Samples: Credit Agreement (Lincoln Educational Services Corp)
Burdensome Contracts With Affiliates. The No Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Security Agreement (Synalloy Corp)
Burdensome Contracts With Affiliates. The No Borrower shall notshall, nor shall it such Borrower permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than as set forth on Schedule 5.14 hereto) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other. Borrower shall provide a copy to Bank of any contract, agreement or business arrangement entered into between Borrower or any of its Subsidiaries and any Affiliate thereof.”
Appears in 1 contract
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary of its Restricted Subsidiaries to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with or among Restricted Subsidiaries and the Borrower) on terms and conditions which are less favorable to the Borrower or any such Restricted Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary of its Subsidiaries to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are materially less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Burdensome Contracts With Affiliates. The Borrower shall notExcept for any transactions permitted under § 9.4, none of the Borrowers shall, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are materially less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Term Loan Agreement (Lojack Corp)
Burdensome Contracts With Affiliates. The No Borrower shall notshall, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other; provided, however, that this Section shall not apply to nor operate to prevent (i) the payment of Management Fees permitted by Section 8.20 hereof, and (ii) the payment of Reimbursable Intrepid Expenses.
Appears in 1 contract
Burdensome Contracts With Affiliates. The Borrower shall notExcept for any transactions permitted under § 9.4, none of the Borrowers shall, nor shall it they permit any Subsidiary of their respective Subsidiaries to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which are materially less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Agreement (Lojack Corp)
Burdensome Contracts With Affiliates. The Neither the Parent nor the Borrower shall notshall, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates on terms and conditions which at the time such contract, agreement or arrangement is entered into, are less favorable to the Parent, the Borrower or such other Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements entered into at such time between Persons not affiliated with each other.
Appears in 1 contract
Samples: Credit Agreement (FTD Inc)
Burdensome Contracts With Affiliates. The Borrower shall not, nor shall it permit any Subsidiary to, enter into any contract, agreement or business arrangement with any of its Affiliates (other than with Wholly owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts, agreements or business arrangements between Persons not affiliated with each other.
Appears in 1 contract
Samples: Credit Agreement (Techne Corp /Mn/)