Common use of By Borrower Clause in Contracts

By Borrower. The Borrower agrees and undertakes that prior to the Discharge Date, it shall not, without the prior consent in writing of the Agent and the Banks:- (1) make any loans or advances, whether directly or indirectly, to any of the Shareholders or provide any guarantee, indemnity or security for or in connection with any indebtedness or liabilities of any of the Shareholders or otherwise enter into any transactions with any of the Shareholders other than (a) any transaction on arm's length commercial terms and for valuable consideration or (b) any Excluded Transaction; (2) secure all or any part of the Subordinated Indebtedness; (3) redeem, purchase or otherwise acquire any of the Subordinated Indebtedness; (4) repay or prepay any, or pay any interest, fees or commissions (but without prejudice to accrual thereof) on, or by reference to, any of the Subordinated Indebtedness otherwise than in accordance with the terms of this Agreement; or (5) take or omit to take any action whereby the subordination of the Subordinated Indebtedness or any part thereof to the Senior Indebtedness may be terminated, impaired or adversely affected.

By Borrower. The Borrower agrees and undertakes that prior to the Discharge Date, it shall not, without the prior consent in writing of the Agent Security Trustee and the Banks:-Secured Parties:- (1) make any loans or advances, whether directly or indirectly, to any of the Shareholders or provide any guarantee, indemnity or security for or in connection with any indebtedness or liabilities of any of the Shareholders or otherwise enter into any transactions with any of the Shareholders other than (a) any transaction on arm's length commercial terms and for valuable consideration or (b) any Excluded Transaction; (2) secure all or any part of the Subordinated Indebtedness;; 119 116 (3) redeem, purchase or otherwise acquire any of the Subordinated Indebtedness; (4) repay or prepay any, or pay any interest, fees or commissions (but without prejudice to accrual thereof) on, or by reference to, any of the Subordinated Indebtedness otherwise than in accordance with the terms of this Agreement; or (5) take or omit to take any action whereby the subordination of the Subordinated Indebtedness or any part thereof to the Senior Indebtedness may be terminated, impaired or adversely affected.

By Borrower. The Borrower agrees and undertakes that prior to the Discharge Date, it shall not, without the prior consent in writing of the Agent and the Banks:-Banks:- 91 98 (1) make any loans or advances, whether directly or indirectly, to any of the Shareholders or provide any guarantee, indemnity or security for or in connection with any indebtedness or liabilities of any of the Shareholders or otherwise enter into any transactions with any of the Shareholders other than (a) any transaction on arm's length commercial terms and for valuable consideration or (b) any Excluded Transaction; (2) secure all or any part of the Subordinated Indebtedness; (3) redeem, purchase or otherwise acquire any of the Subordinated Indebtedness; (4) repay or prepay any, or pay any interest, fees or commissions (but without prejudice to accrual thereof) on, or by reference to, any of the Subordinated Indebtedness otherwise than in accordance with the terms of this Agreement; or (5) take or omit to take any action whereby the subordination of the Subordinated Indebtedness or any part thereof to the Senior Indebtedness may be terminated, impaired or adversely affected.

By Borrower. The Borrower agrees and undertakes that prior to the Discharge Date, it shall not, without the prior consent in writing of the Agent Security Trustee and the Banks:-Secured Parties:- (1) make any loans or advances, whether directly or indirectly, to any of the Shareholders or provide any guarantee, indemnity or security for or in connection with any indebtedness or liabilities of any of the Shareholders or otherwise enter into any transactions with any of the Shareholders other than (a) any transaction on arm's length commercial terms and for valuable consideration or (b) any Excluded Transaction; (2) secure all or any part of the Subordinated Indebtedness; (3) redeem, purchase or otherwise acquire any of the Subordinated Indebtedness; (4) repay or prepay any, or pay any interest, fees or commissions (but without prejudice to accrual thereof) on, or by reference to, any of the Subordinated Indebtedness otherwise than in accordance with the terms of this Agreement; or (5) take or omit to take any action whereby the subordination of the Subordinated Indebtedness or any part thereof to the Senior Indebtedness may be terminated, impaired or adversely affected.

By Borrower. The Borrower agrees and undertakes that prior to the Discharge Date, it shall not, without the prior consent in writing of the Agent and the Banks:-Banks: (1) 3.1.1 make any loans or advances, whether directly or indirectly, to any of the Shareholders CSM or provide any guarantee, indemnity or security for or in connection with any indebtedness or liabilities of any of the Shareholders CSM or otherwise enter into any transactions with any of the Shareholders CSM other than (a) any transaction on arm's length commercial terms and for valuable consideration or consideration, (b) any Excluded TransactionTransaction or (c) any transaction contemplated by the CSM Loan Agreement; (2) 3.1.2 secure all or any part of the Subordinated Indebtedness; (3) 3.1.3 redeem, purchase or otherwise acquire any of the Subordinated Indebtedness; (4) repay 3.1.4 repay, prepay or prepay reduce any, or pay any interest, fees or commissions (but without prejudice to accrual thereof) on, or by reference to, any of the Subordinated Indebtedness otherwise than in accordance with the terms of this Agreement; or (5) 3.1.5 take or omit to take any action whereby the subordination of the Subordinated Indebtedness or any part thereof to the Senior Indebtedness may be terminated, impaired or adversely affected.

By Borrower. The Borrower agrees and undertakes that prior to the Discharge Date, it shall not, without the prior consent in writing of the Agent Security Trustee and the Banks:-Secured Parties: (1) 4.1.1 make any loans or advances, whether directly or indirectly, to any of the Shareholders CSM or provide any guarantee, indemnity or security for or in connection with any indebtedness or liabilities of any of the Shareholders CSM or otherwise enter into any transactions with any of the Shareholders CSM other than (a) any transaction on arm's length commercial terms and for valuable consideration or consideration, (b) any Excluded TransactionTransaction or (c) any transaction contemplated by the CSM Loan Agreement; (2) 4.1.2 secure all or any part of the Subordinated Indebtedness; (3) 4.1.3 redeem, purchase or otherwise acquire any of the Subordinated Indebtedness; (4) repay 4.1.4 repay, prepay or prepay reduce any, or pay any interest, fees or commissions (but without prejudice to accrual thereof) on, or by reference to, any of the Subordinated Indebtedness otherwise than in accordance with the terms of this Agreement; or (5) 4.1.5 take or omit to take any action whereby the subordination of the Subordinated Indebtedness or any part thereof to the Senior Indebtedness may be terminated, impaired or adversely affected.