Business of Holdings. Holdings shall not engage in any business activities or have any material assets or liabilities other than its ownership of the Equity Interests of the Borrower and assets and liabilities incidental to its function as a holding company, including its liabilities hereunder, under the Senior Subordinated Notes Indentures and under any guaranty of Indebtedness permitted by Section 6.01, and pursuant to the Guarantee and Collateral Agreement and any other Loan Document or Senior Subordinated Notes Document.
Business of Holdings the Borrower and their Subsidiaries. Engage at any time in any business or business activity other than (a) in the case of the Borrower and its Subsidiaries other than the Co-Borrower, any business or business activity conducted by it on the date hereof and any business or business activities incidental or related thereto or the manufacture, marketing or sale of containers or any business or activity that is reasonably similar thereto or a reasonable extension, development or expansion thereof or ancillary thereto, including the consummation of the Transaction, (b) in the case of Holdings, (i) the ownership of the Equity Interests in the Borrower, CapCo II and Opco GP, together with activities directly related thereto, (ii) performance of its obligations under and in connection with the Loan Documents and under the Holdings Discount Notes Documents, the Senior Subordinated Notes Documents or any refinancing thereof permitted by this Agreement, the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (iii) actions incidental to the consummation of the Transaction, (iv) actions required by law to maintain its existence, (v) the redemption of the Holdings Discount Notes in accordance with this Agreement, (vi) the IPO Reorganization and (vii) sales of its capital stock, (c) in the case of Opco GP, (i) the ownership of the general partnership interest in the Borrower, together with activities directly related thereto, (ii) performance of its obligations under and in connection 100 with the Loan Documents, the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (iii) actions incidental to the consummation of the Transaction and (iv) actions required by law to maintain its existence and (d) in the case of CapCo II and the Co-Borrower, (i) performance of their obligations under and in connection with the Loan Documents, the Holdings Discount Notes (or any refinancing thereof permitted by this Agreement), the Senior Subordinated Notes (or any refinancing thereof permitted by this Agreement), the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (ii) actions incidental to the consummation of the Transaction, (iii) actions required by law to maintain their status as a corporation and (iv) the IPO Reorganization.
Business of Holdings. Holdings shall not engage in any business activities or have any material assets or liabilities other than (a) its ownership of the Equity Interests of the Borrower and assets and liabilities incidental to its function as a holding company, including its liabilities under any guaranty of Indebtedness permitted by Section 7.04, and pursuant to the Guarantee and Collateral Agreement and any other Loan Document; (b) maintaining its corporate existence; (c) participating in tax, accounting and other administrative activities (including preparing reports and financial statements); (d) compliance with applicable law; (e) obligations and activities incidental to the business or activities described in the foregoing clauses (a) through (d), including providing indemnification of officers, directors, shareholders and employees. Maximum Capital Expenditures.
Business of Holdings. Notwithstanding anything herein to the contrary, with respect to Holdings, (a) conduct, transact or otherwise engage in, or commit to conduct, transact or otherwise engage in, any business or operations other than those incidental to its ownership of the Capital Stock of BA, CA, Bidco and its other Subsidiaries, (b) incur, create, assume or suffer to exist any Indebtedness, Guarantee Obligations or other liabilities, except (i) obligations imposed by Requirement of Law, (ii) pursuant to the Loan Documents to which it is a party, (iii) other liabilities incidental to its existence and permitted business and activities, (iv) Indebtedness (which shall be subordinated to the Obligations on terms and conditions reasonably satisfactory to the Administrative Agent) owed to Parent or any of Parent’s Subsidiaries (other than BA and BA’s Subsidiaries except to the extent expressly permitted by Section 8.2 and Section 8.8) and (v) Guarantee Obligations in respect of Indebtedness permitted pursuant to Section 8.2; provided that, if such Indebtedness is Subordinated Indebtedness, then the Guarantee Obligations in respect of such Indebtedness shall be subordinated to the same degree, if any, or to a greater degree as such Indebtedness is subordinated to the Obligations, (c) own, lease, manage or otherwise operate any properties or assets (including cash and Cash Equivalents (other than cash and Cash Equivalents received in connection with (x) Restricted Payments and Investments made by any Subsidiary of Holdings in accordance with Section 8.6 and Section 8.8, respectively, pending application in the manner contemplated by said Sections and (y) dividends, contributions, loans or other advances (which, in the case of loans or other advances, shall be subordinated to the Obligations on terms and conditions reasonably satisfactory to the Administrative Agent) made by Parent or any of Parent’s Subsidiaries (other than BA and BA’s Subsidiaries except to the extent expressly permitted by Section 8.6 and Section 8.8) to Holdings to the extent such Subsidiaries are permitted to make such Investments in, or Restricted Payments to, Holdings hereunder)) other than the ownership of shares of Capital Stock of BA, CA, Bidco and its other Subsidiaries and any activities incidental to its ownership of such Capital Stock, (d) create, incur, assume or suffer to exist any Lien upon any of its property, whether now owned or hereafter acquired, except for Liens created pursuant to the Securi...
Business of Holdings. Immediate Contributions to the ---------------------------------------------------- Borrower. (a) Holdings shall not engage in any business other than holding the --------- Capital Stock of the Borrower and any Unrestricted Subsidiary and issuing Indebtedness permitted by Section 6.01.
Business of Holdings. Holdings owns the capital stock of its Subsidiaries, provides administrative and management services thereto and in connection therewith, has employees, enters into certain leases and other agreements, and conducts all activities reasonably associated therewith.
Business of Holdings. Except as expressly permitted by Section 6.13, Holdings has not (i) engaged in any business or business activities or owned any property or asset other than (x) ownership of 100% of the Equity Interests of the Borrower, (y) activities and contractual rights incidental to maintenance of its corporate existence and (z) performance of its obligations under the Loan Documents and ABL Loan Documents to which it is a party, and (ii) sold, pledged or otherwise transferred any the Equity Interests of the Borrower to any Person (other than to the Administrative Agent as Collateral or, subject in all respects to the Intercreditor Agreement, the ABL Administrative Agent to secure the obligations under the ABL Loan Documents).
Business of Holdings. Holdings does not own directly or indirectly, or have any investment in any of the capital stock of, or have any similar ownership interest in, any Person other than Buyer.
Business of Holdings. (a) Holdings will not engage in any business activities or have any assets other than (i) its ownership of 100% of the Capital Stock of the Company, (ii) performing its obligations and activities incidental thereto under the Loan Documents and under the Holdings Credit Documents, (iii) performing its obligations and activities incidental thereto under the Revolving Credit Documents and the Senior Secured Note Documents, and (iv) making Restricted Payments to the extent permitted by this Agreement. Real Mex Restaurants, Inc. Second Amended and Restated Credit Agreement
Business of Holdings. Engage at any time in any business or business activity other than (a) ownership and acquisition of Equity Interests in the Borrower, together with activities directly related thereto, (b) performance of its obligations under and in connection with the Loan Documents, the Acquisition Documents, the Senior Subordinated Note Documents, the Senior Note Documents, (and Permitted Refinancing Indebtedness in respect thereof) and the other agreements contemplated hereby and thereby, (c) actions incidental to the consummation of the Transactions, (d) the incurrence of and performance of its obligations related to Indebtedness and Guarantees incurred by Holdings after the Closing Date, (e) actions required by law to maintain its existence, (f) the payment of dividends and taxes, (g) the issuance of Equity Interests and (h) activities incidental to its maintenance and continuance and to the foregoing activities. Notwithstanding anything to the contrary contained in herein, (i) Holdings shall at all times own directly 100% of the Equity Interests of the Borrower and (ii) Holdings shall not sell, dispose of, xxxxx x Xxxx on or otherwise transfer such Equity Interests in the Borrower.
