Business Activities; Permitted Store Closings Sample Clauses

Business Activities; Permitted Store Closings. (a) Engage directly or indirectly (whether through the Subsidiaries or otherwise) in any type of business other than the businesses conducted by the Loan Parties on the Closing Date and in related businesses, (b) execute, alter, modify, or amend any lease; provided, however, that the Loan Parties may (i) alter, modify or amend any lease in a manner beneficial to the Loan Parties so long as any such alteration, modification or amendment does not adversely affect any rights of the Agents or the Lenders hereunder and (ii) the Loan Parties may terminate the leases on the retail locations which constitute a Permitted Store Closing, or (c) except as provided in clause (b) hereof, commit to, or open or close any location at which a Loan Party maintains, offers for sales, or stores any of the Collateral.
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Business Activities; Permitted Store Closings. Borrower will not, and will not permit any of its Subsidiaries to (a) engage directly or indirectly (whether through the Subsidiaries or otherwise) in any type of business other than the businesses conducted by the Loan Parties on the Closing Date and in related businesses, (b) execute, alter, modify, or amend any lease; provided, however, that the Loan Parties may (i) alter, modify or amend any lease in a manner which is not detrimental to the Loan Parties so long as any such alteration, modification or amendment does not adversely affect any rights of the Agents or the Lenders hereunder and (ii) the Loan Parties may terminate the leases on the retail locations which constitute a Permitted Store Closing, or (c) except as provided in clause (b) hereof, commit to close any location at which a Loan Party maintains, offers for sales, or stores any of the Collateral.
Sample 1
Business Activities; Permitted Store Closings. The Borrowers will not, and will not permit any of their Subsidiaries to, (a) engage directly or indirectly (whether through Subsidiaries or otherwise) in any type of business other than the businesses conducted by them on the Closing Date and in related businesses, (b) execute, alter, modify, or amend any Lease; PROVIDED, HOWEVER, the Borrower's may terminate the leases on the retail locations (i) listed on SCHEDULE 9.9 hereto so long as the Borrowers have received Net Proceeds from the sale or issuance of Approved Recapitalization Liabilities in an amount not less than the amount which the Borrowers are required to pay to the landlord under such leases in connection with the termination of such leases or (ii) which otherwise constitute a Permitted Store Closing and are not listed on SCHEDULE 9.9, (c) except as provided in part (b) hereof, commit to, or open or close any location at which the Borrowers maintains, offers for sales, or stores any of the Collateral or (d) possess inventory on consignment in excess of $6,000,000 from February 1 to September 30 of each year, $9,000,000 from October 1 to December 31 of each year, and $8,000,000 from January 1 to January 31 of each year.
Sample 1
Business Activities; Permitted Store Closings. The Borrowers will not, and will not permit any of their Subsidiaries to, (a) engage directly or indirectly (whether through Subsidiaries or otherwise) in any type of business other than the businesses conducted by them on the Closing Date and in related businesses, (b) execute, alter, modify, or amend any Lease; provided, however, the Borrower's may terminate the leases on the retail locations (i) listed on Schedule 9.9 hereto or (ii) which otherwise constitute a Permitted Store Closing and are not listed on Schedule 9.9 or (c) except as provided in part (b) hereof, commit to, or open or close any location at which the Borrowers maintains, offers for sales, or stores any of the Collateral.
Sample 1
Business Activities; Permitted Store Closings. The Borrowers will not, and will not permit any of their Subsidiaries to, (a) engage directly or indirectly (whether through Subsidiaries or otherwise) in any type of business other than the businesses conducted by them on the Closing Date and, in connection with their existing businesses, in related businesses, (b) execute, alter, modify, or amend any real estate Lease in any material adverse way; PROVIDED, HOWEVER, the Borrowers may terminate the Leases on the retail locations listed on SCHEDULE 9.9 hereto and in connection with other Permitted Store Closings, (c) except as provided in part (b) hereof, commit to, or open or close any location at which any Borrower maintains, offers for sales, or stores any of the Collateral, (d) possess inventory on consignment or (e) enter into any host store arrangements with any Host Store without the prior written consent of the Agent and, then, only if such Host Store has entered into a Host Store Acknowledgement. The Borrowers will not permit The Right Start Subsidiary I, Inc. to engage in any business or to hold any assets (other than Right Start’s Investment therein as of the Closing Date) or to incur any Indebtedness or other Liabilities, including without limitation any trade liabilities. Without the Agent’s prior written consent, the Borrowers will not; and will not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its Governing Documents, (b) the Kayne Existing Indebtedness, the KBB Existing Indebtedness, any other Subordinated Debt, the PNC Existing Indebtedness or the Plan of Reorganization, or (c) any agreement with any Host Store, unless such amendment, modification or waiver to such Host Store agreement does not materially adversely affect the Borrowers taken as a whole or materially adversely affect the interests of the Lenders under the Loan Documents.
Sample 1

Related to Business Activities; Permitted Store Closings

  • Outside Businesses Subject to the provisions of Section 6.3, any Covered Person, the Sponsor, the Delaware Trustee and the Property Trustee may engage in or possess an interest in other business ventures of any nature or description, independently or with others, similar or dissimilar to the activities of the Trust, and the Trust and the Holders of Securities shall have no rights by virtue of this Trust Agreement in and to such independent ventures or the income or profits derived therefrom, and the pursuit of any such venture, even if competitive with the activities of the Trust, shall not be deemed wrongful or improper. No Covered Person, the Sponsor, the Delaware Trustee or the Property Trustee shall be obligated to present any particular investment or other opportunity to the Trust even if such opportunity is of a character that, if presented to the Trust, could be taken by the Trust, and any Covered Person, the Sponsor, the Delaware Trustee and the Property Trustee shall have the right to take for its own account (individually or as a partner or fiduciary) or to recommend to others any such particular investment or other opportunity. Any Covered Person, the Delaware Trustee and the Property Trustee may engage or be interested in any financial or other transaction with the Sponsor or any Affiliate of the Sponsor, or may act as depositary for, trustee or agent for, or act on any committee or body of holders of, securities or other obligations of the Sponsor or its Affiliates.

  • Business Activities The Company will not, and will not permit any of its Restricted Subsidiaries to, engage in any business other than Permitted Businesses, except to such extent as would not be material to the Company and its Restricted Subsidiaries taken as a whole.

  • No Business Activities Merger Sub has not conducted any activities other than in connection with the organization of Merger Sub, the negotiation and execution of this Agreement and the consummation of the transactions contemplated hereby. Merger Sub has no Subsidiaries.

  • Restrictions on Business Activities There is no agreement, commitment, judgment, injunction, order or decree binding upon the Company or any Company Subsidiary or to which the Company or any Company Subsidiary is a party which has or would reasonably be expected to have the effect of prohibiting or materially impairing any business practice material to the Company or any Company Subsidiary, any acquisition of property by the Company or any Company Subsidiary or the conduct of business by the Company or any Company Subsidiary as currently conducted.

  • Business Activity As long as this Note shall remain outstanding, Maker shall make no change in its business activity that would make it or any of its business activities non-compliant with SBA regulations and guidelines.

  • Limitation on Business Activities The Issuer will not, and will not permit any Restricted Subsidiary to, engage in any business other than a Permitted Business.

  • OTHER ACTIVITIES OF CONSULTANT The Company recognizes that the Consultant now renders and may continue to render consulting and other services to other companies that may or may not conduct business and activities similar to those of the Company. The Consultant shall not be required to devote his full time and attention to the performance of his duties under this Agreement, but shall devote only so much of his time and attention as it deems reasonable or necessary for such purposes.

  • Permitted Activities The Executive shall devote his entire business time, attention and energies to the Business of the Employer and shall not during the Term be engaged (whether or not during normal business hours) in any other business or professional activity, whether or not such activity is pursued for gain, profit or other pecuniary advantage; but this shall not be construed as preventing the Executive from:

  • Competitive Business Activities The term "Competitive Business Activities" as used herein shall be deemed to mean the Business.

  • Assumed Business Names Borrower has filed or recorded all documents or filings required by law relating to all assumed business names used by Borrower. Excluding the name of Borrower, the following is a complete list of all assumed business names under which Borrower does business: None.

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