Business and Property Sample Clauses
Business and Property. Each Purchaser has heretofore been furnished with a copy of the Company Information which generally sets forth the principal properties of the Company and the business conducted and proposed to be conducted by the Company.
Business and Property. No Restricted Party shall:
(i) carry on any business other than the exploration, the development, construction and operation of mining properties and any operation relating to mining, and the distribution, processing, hedging (to the extent not prohibited by Section 8.6(d)), trading, exchange and sale of any products produced from or in connection with such mining properties;
(ii) permit any Disposition of the whole or any part of its Property except, subject to Section 8.6(e)(iii), for:
(A) Dispositions of inventory (including, for certainty, dispositions related to Deferred Revenue Financing Arrangements and Prepaid Metals Transactions permitted hereunder) and obsolete or redundant equipment in the Ordinary Course;
(B) any Disposition of Property which has been consented to by the Required Lenders;
(C) any Disposition of Property by a Non-Recourse Subsidiary to any other Hudbay Group Member;
(D) any Disposition of Property by an Obligor to any other Obligor;
(E) any Disposition permitted pursuant to Section 8.6(f)(i);
(F) any other Dispositions of Property, if the aggregate fair market value of the assets being Disposed of does not exceed at the time of any such Disposition: (i) in any fiscal year of the Borrower, 10% of the consolidated tangible assets of the Borrower as set forth in the annual audited consolidated financial statements of the Borrower as of the end of the most recently completed fiscal year; or (ii) since December 31, 2020, 20% of the consolidated tangible assets of the Borrower as set forth in the annual audited consolidated financial statements of the Borrower for the most recently completed fiscal year; and
(G) Disposition of Property in accordance with the terms of the Peruvian Equipment Sale Leaseback Documents; and
(H) any sale by the Borrower of accounts receivable owed by [REDACTED - COMMERCIALLY SENSITIVE INFORMATION] to the Borrower pursuant to the [REDACTED - COMMERCIALLY SENSITIVE INFORMATION] Receivables Sale Agreement; and
(iii) notwithstanding Section 8.6(e)(ii), permit any Disposition, directly or indirectly, of: (A) all or substantially all of any of the Key Operating Assets (other than the Xxxxxxxxxx Mine); (B) all or any part of the Xxxxxxxxxx Mine; (C) any Equity Interest in any Person who, directly or indirectly, owns all or part of the Xxxxxxxxxx Mine or, (D) subject to Article 12, any Equity Interest in any Person who, directly or indirectly, owns all or part of the Key Operating Assets (other than the Xxxxxxxxxx ...
Business and Property. The Prospectus accurately describes, in all material respects, the general nature of the business of the Seller.
Business and Property. The Prospectus accurately describes in all material respects the general nature of the business of the Originator.
Business and Property. The Prospectus Supplement (the "Prospectus Supplement") dated July 21, 1999, to the Prospectus, dated July 12, 1999, correctly describes in all material respects the Initial Contracts and the general nature of the business of the Contributor.
Business and Property. No Restricted Party shall:
(a) effect any material change in its business, being the exploration, the development, construction and operation of mining properties and any operation relating to mining, including mining activities pursuant to Contracts with third party mine operators, and the distribution, hedging (to the extent not prohibited by Section 7.5(3)), trading, exchange and sale of any products produced from or in connection with such mining properties;
(b) acquire any material Property of any Person, except for:
(i) Property acquired through capital expenditures that do not contravene any other provision of this Agreement;
(ii) Property acquired through transactions permitted in Section 7.5(4)(c);
(iii) Property acquired through transactions contemplated in the definition of Permitted Liens; and
(iv) acquisitions of inventory in the Ordinary Course for the purpose of carrying on its business;
(c) enter into any transaction, or any series of related transactions, by which it directly or indirectly, by means of a takeover bid, tender offer, purchase of Property, purchase of Equity Interests or other securities or otherwise (A) acquires any ongoing business or all or substantially all of the Property of any Person, (B) acquires Equity Interests or other securities of a Person, or (C) acquires an ownership interest in any partnership, joint venture, limited liability company, business trust or other Person, except if:
(i) the business or Person referred to in (A), (B) or (C) above is in the same lines of business as the lines of business carried on by the Restricted Parties as described in Section 7.5(4)(a);
(ii) the business or Person referred to in (A), (B) or (C) above is, at the time of the transaction, in a Permitted Jurisdiction;
(iii) no Default has occurred and is continuing or would result from the acquisition;
(iv) the Borrower provides the Agent with evidence satisfactory to the Agent to demonstrate that the transaction or transactions will not cause a Default, including demonstrating on a pro forma basis that the Borrower is and will continue to be in compliance with Section 7.1 after completion of the acquisition, taking into account Debt arising from the acquisition; and
(v) with respect to any transaction involving cash consideration exceeding US $150,000,000, the Agent has been provided at least 10 days prior to the closing of the transaction with a pro forma Compliance Certificate accompanied by a description of the proposed transact...
Business and Property. The Prospectus and the Private Placement Memoranda, accurately describe in all material respects the general nature of the business of the Transferor.
Business and Property. The Lenders have each heretofore been furnished with a copy of the Annual Report of the Parent on Form 10-K for the fiscal year ended December 31, 1994 (the "Form 10-K"), the Quarterly Report of the Parent on Form 10-Q for the fiscal quarter ended June 30, 1995 (the "Form 10-Q") and the Information Memorandum dated July 1995 (the "Information Memorandum") of the Company, which Information Memorandum generally sets forth the business conducted by the Company and its Subsidiaries and the principal properties of the Company and its Subsidiaries. The Form 10-K, the Form 10-Q, and the Information Memorandum are hereinafter referred to as the "Disclosure Documents."
Business and Property. Borrower (i) holds all FCC Licenses necessary to the operation of the System and all other Licenses necessary to the operation of the System, except where the failure to hold such other Licenses could not reasonably be expected to have a Material Adverse Effect and (ii) has not engaged in and does not propose to engage in any business activity other than the operation of the System and the Paging Business relating thereto.
Business and Property. The Prospectus and the Private Placement Memorandum, accurately describe in all material respects the general nature of the business of the Seller. The Seller has no subsidiaries other than those listed on Schedule 1 hereto.