Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof).
Appears in 4 contracts
Samples: Credit Agreement (TTM Technologies Inc), Credit Agreement (Itron Inc /Wa/), Credit Agreement (Ventiv Health Inc)
Business. Engage (directly or indirectly) in any business businesses other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date substantially as described in conducted on the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof)Closing Date.
Appears in 4 contracts
Samples: Second Out Term Loan Credit Agreement (Internap Corp), Senior Secured Term Loan Credit Agreement (Internap Corp), Senior Secured Debtor in Possession Credit Agreement (Internap Corp)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (orDate, in the good faith judgment of the Board of Directors, which and businesses that are substantially related thereto or are reasonable extensions thereof).
Appears in 3 contracts
Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (orDate, in the good faith judgment of the Board of Directorsand businesses that are related, which are substantially related ancillary or synergistic thereto or are reasonable extensions thereof).
Appears in 2 contracts
Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Cut-Off Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially reasonably related or ancillary thereto or are reasonable extensions thereof).
Appears in 2 contracts
Samples: Credit Agreement (Northstar Realty Finance Corp.), Facility Agreement (Northstar Realty Finance Corp.)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Original Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof).
Appears in 2 contracts
Samples: Credit Agreement (Navisite Inc), Credit Agreement (Navisite Inc)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower Borrowers and its their Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially and any other business reasonably related thereto or are reasonable extensions thereof)incidental thereto.
Appears in 2 contracts
Samples: Credit Agreement (Bearingpoint Inc), Credit Agreement (Bearingpoint Inc)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are the Company is engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of DirectorsDirectors of the Company, which are substantially related thereto or are reasonable extensions thereof).
Appears in 2 contracts
Samples: Note Purchase Agreement (Impac Mortgage Holdings Inc), Note Purchase Agreement (Impac Mortgage Holdings Inc)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are it is engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof).
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Equinix Inc)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (including, without limitation, the Acquired Business) (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof).
Appears in 1 contract
Business. Engage (directly or indirectly) in any business businesses other than those businesses in which the Borrower and its Restricted Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, or which are substantially related thereto or are reasonable extensions thereof).
Appears in 1 contract
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower Parent and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof).
Appears in 1 contract
Samples: Credit Agreement (Bearingpoint Inc)
Business. Engage (directly or indirectly) in any business businesses other than those businesses in which Borrower and its Restricted Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, or which are substantially similar or reasonably related or ancillary thereto or are reasonable extensions or expansions thereof).
Appears in 1 contract
Samples: Credit Agreement (Internap Corp)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries Borrowers are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof)Date.
Appears in 1 contract
Samples: Dip Credit Agreement
Business. Engage (directly or indirectly) in any business businesses other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, or which are substantially related thereto or are reasonable extensions thereof).
Appears in 1 contract
Samples: Credit Agreement (PHC Inc /Ma/)
Business. Engage (directly or indirectly) in any business other than those businesses in which the Borrower and its Subsidiaries are engaged on the Closing Effective Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof).
Appears in 1 contract
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Restatement Effective Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof).
Appears in 1 contract
Business. Engage (directly or indirectly) in any business other than those businesses the business in which the Borrower and its the Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially and other business reasonably related thereto or are reasonable extensions thereof)thereto.
Appears in 1 contract
Samples: Credit Agreement (Applied Power Inc)
Business. Engage (directly or indirectly) in any business other than those businesses the business in which the Borrower and its the Subsidiaries are engaged on the Amendment Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially and other business reasonably related thereto or are reasonable extensions thereof)thereto.
Appears in 1 contract
Samples: Credit Agreement (Actuant Corp)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date (after giving effect to the Acquisition) as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof).
Appears in 1 contract
Samples: Credit Agreement (Ionics Inc)
Business. Engage (directly or indirectly) in any business other than those businesses the business in which the Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially and other businesses reasonably related thereto or are reasonable extensions thereof)thereto.
Appears in 1 contract
Business. Engage (directly or indirectly) in any business businesses other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, or which are substantially related thereto or are reasonable extensions thereof).
Appears in 1 contract
Business. Engage (directly or indirectly) in any business other than those businesses of the types in which Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum Form 10-K of Borrower for the fiscal year ended December 31, 2005 (or, in the good faith judgment of the Board of Directors, which that are substantially related thereto or are reasonable extensions thereof).
Appears in 1 contract
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof)Memorandum.
Appears in 1 contract
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, which are substantially related thereto or are reasonable extensions thereof or are complementary thereto or supportive thereof).
Appears in 1 contract
Samples: Second Lien Credit Agreement (Lifetime Brands, Inc)
Business. Engage (directly or indirectly) in any business other than those businesses in which Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, or which are substantially related thereto or are reasonable extensions thereof), other than businesses that in the aggregate account for less than five percent (5%) of the total revenue of Borrower and its Subsidiaries on a consolidated basis.
Appears in 1 contract
Business. Engage (directly or indirectly) in any business businesses other than those businesses in which the Borrower and its Subsidiaries are engaged on the Closing Date as described in the Confidential Information Memorandum (or, in the good faith judgment of the Board of Directors, or which are substantially related related, incidental, ancillary or complimentary thereto or are reasonable extensions thereof).
Appears in 1 contract
Samples: Credit Agreement (Five Below, Inc)
