Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 9 contracts
Samples: Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc), Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc), Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date and activities necessary to conduct the foregoingPermitted Businesses. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such BorrowerBorrower or its Subsidiaries.
Appears in 6 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)
Business and Property of Borrowers. Upon and after the Closing Date, the Borrowers do not propose to engage in any business other than business in which is substantially the same fields as or related to (in a commercially reasonable manner) one or more lines of business presently conducted by them prior to the Closing Date and activities necessary to conduct the foregoingBorrowers. On the Closing Date, each Borrower will own own, lease or license all the material property and possess all of the material rights right and material Consents consents necessary for the conduct of the business of such Borrower.
Appears in 6 contracts
Samples: Credit Agreement (Foster L B Co), Credit Agreement (Foster L B Co), Credit Agreement (Foster L B Co)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date marketing of ethanol and distillers grains and activities necessary to conduct the foregoing. On the Closing DateDate and at all times thereafter, each Borrower will own owns all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 5 contracts
Samples: Revolving Credit and Security Agreement (Green Plains Inc.), Revolving Credit and Security Agreement (Green Plains Inc.), Revolving Credit and Security Agreement (Green Plains Renewable Energy, Inc.)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date manufacture, sale and distribution of consumable goods and hard goods used on golf courses and lawns and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Lesco Inc/Oh), Revolving Credit, Term Loan and Security Agreement (Lesco Inc/Oh), Revolving Credit and Security Agreement (Lesco Inc/Oh)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date designing, manufacturing and selling fractional horsepower motors and motion products for commercial operations and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Allied Motion Technologies Inc), Revolving Credit and Security Agreement (Allied Motion Technologies Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date manufacture, import, export, distribution, and sale of branded footwear and apparel, and related products, and activities necessary to conduct the foregoingforegoing and any business reasonably incidental thereto. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 2 contracts
Samples: Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business the manufacture and sale of plastic bottles and the sales of compounds used in substantially the same fields conducted by them prior to the Closing Date manufacture thereof, and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (PVC Container Corp), Revolving Credit, Term Loan and Security Agreement (PVC Container Corp)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date Permitted Businesses and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Aventine Renewable Energy Holdings Inc), Revolving Credit and Security Agreement (Aventine Renewable Energy Holdings Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date aerospace distribution and avionics and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 2 contracts
Samples: Export Import Revolving Credit and Security Agreement (Fairchild Corp), Revolving Credit and Security Agreement (Fairchild Corp)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date specialty staffing, consulting and financial outsourcing services and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own or have the right to use all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Comforce Corp), Revolving Credit and Security Agreement (Comforce Corp)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than those business in substantially which the same fields conducted by them prior to Borrowers are engaged on the Closing Date date of this Agreement or that are reasonably related thereto and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (UniTek Global Services, Inc.), Revolving Credit and Security Agreement (UniTek Global Services, Inc.)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business manufacturing, installation and distribution of cleaning equipment and systems utilized in substantially the same fields conducted by them prior to the Closing Date semi-conductor industry and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Akrion, Inc.), Revolving Credit and Security Agreement (Akrion, Inc.)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date manufacture and sale of residential and commercial refrigeration and air conditioning products and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date providing security services and products and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Compudyne Corp)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers Obligors do not propose to engage in any business other than the business in substantially the same fields conducted by them prior to which such Persons are currently engaged as of the Closing Date and activities necessary or related to or reasonably contemplated by the conduct of the foregoing. On the Closing Date, each Borrower will own or have the right to use all the material property Property and possess all of the material rights and material Consents consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Revolution Lighting Technologies, Inc.)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business engaged in substantially the same fields conducted by them prior to on the Closing Date and reasonable extensions thereof and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Skullcandy, Inc.)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date and activities necessary to conduct the foregoingBusiness. On the Closing Date, each Borrower Borrowers will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such BorrowerBorrowers.
Appears in 1 contract
Samples: Term Loan Credit and Security Agreement (Hudson Technologies Inc /Ny)
Business and Property of Borrowers. Upon and after the Closing Date, the Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date as set forth on Schedule 5.22 hereto and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower, except to the extent that such failure to own property or to possess all rights and Consents could not reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Imco Recycling Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date provision of design and electronic manufacturing services, including a complete range of engineering, pre-manufacturing and post-manufacturing services, and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Sparton Corp)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do and their respective Subsidiaries shall not propose to engage in any business other than substantially different from the business each engaged in substantially the same fields conducted by them prior to on the Closing Date and activities necessary to conduct the foregoing. On the Closing Date, each Borrower and its respective Subsidiaries will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrowerits business.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Sypris Solutions Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business that engaged in substantially the same fields conducted by them prior to on the Closing Date and activities necessary to conduct the foregoingor substantially similar business activities. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Waxman Industries Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date manufacturing and marketing of printing solutions, including products, services and activities necessary to conduct the foregoingrelated thereto. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such BorrowerBorrower other than those where the failure to obtain such right or Consent could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Presstek Inc /De/)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date and activities necessary to conduct the foregoingthose described on Schedule 5.21. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Englobal Corp)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields as conducted by them prior to as of the Closing Date and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such BorrowerBorrower as conducted on the Closing Date.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Bentley Systems Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than the business in substantially the same fields conducted by them prior to and related activities that Borrowers conduct as of the Closing Date and activities necessary to conduct the foregoingDate. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Quality Gold Holdings, Inc.)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date and activities necessary to conduct the foregoingthose described on Schedule 5.22. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Flotek Industries Inc/Cn/)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior providing professional services and technology to the Closing Date and engineering community, activities necessary to conduct the foregoingforegoing and activities reasonably related to such business. On the Closing DateDate and at all times thereafter, each Borrower will own owns all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borroweras required by this Agreement.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Avatech Solutions Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date manufacturing and distribution and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Katy Industries Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business businesses other than business in substantially the same fields conducted by them prior to the Closing Date as information technology systems integrators, providing consulting, staffing application services and infrastructures solutions and businesses reasonably related thereto, and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Emtec Inc/Nj)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date marketing, distribution and sale of fuels, lubricants and specialty chemical products and related services (including risk management programs) and activities necessary to conduct the foregoing, and other ancillary and related businesses and activities. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Maxum Petroleum Holdings, Inc.)
Business and Property of Borrowers. Upon and after the Closing Date, ---------------------------------- Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior offering of technology services and related activities to the Closing Date multiple industries and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Eltrax Systems Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date onshore contract drilling and activities necessary reasonably related to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents then necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Union Drilling Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business working in substantially the same fields conducted by them prior to the Closing Date and activities necessary to conduct the foregoingpartnership with original equipment manufacturers. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (SMTC Corp)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business the manufacturing, distribution and sale of primarily outdoor equipment or as permitted in substantially the same fields conducted by them prior to the Closing Date Section 7.9 and activities necessary to conduct the foregoing. On the Closing DateDate and at all times thereafter, each Borrower will own owns all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Johnson Outdoors Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date creation, production, licensing and distribution of (a) home, lifestyle, health and wellness goods, equipment and (b) health and entertainment media and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Gaiam, Inc)
Business and Property of Borrowers. Upon and after the Closing Date, Borrowers do not propose to engage in any business other than business in substantially the same fields conducted by them prior to the Closing Date providing expedited and deferred freight and transportation services and activities necessary to conduct the foregoing. On the Closing Date, each Borrower will own or lease all the material property and possess all of the material rights and material Consents necessary for the conduct of the business of such Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Kitty Hawk Inc)