Common use of Change in the Nature of Business Clause in Contracts

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary and its Subsidiaries would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date. As of the Closing Date, the general nature of the business of the Borrower and its Subsidiaries is primarily the business of the acquisition, financing and ownership of Senior Housing Assets and other business activities incidental thereto.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Datedate hereof.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Datedate of this Agreement or as of the date such Person becomes a Subsidiary hereunder.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Neither Holdings nor the Borrower shall notshall, nor shall it they permit any Borrower Subsidiary to, engage in any business or activity if as a result the general nature of the business of Holdings, the Borrower or any Borrower Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Such Borrower shall not, nor shall it permit any Subsidiary to, not engage in any business or activity if as a result the general nature of the business of the such Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Datedate hereof.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary of its Subsidiaries to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Datedate of this Agreement.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if if, as a result result, the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date, it being agreed that an Eligible Line of Business shall not be a violation of this Section.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary of its Restricted Subsidiaries to, engage in any business or activity if (other than related, ancillary or complimentary businesses and activities and any businesses and activities reasonably related thereto) if, as a result result, the general nature of the business of the Borrower or any Restricted Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if if, as a result thereof, the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date, provided that nothing herein shall be deemed to prohibit or restrict the Borrower or any Subsidiary from engaging in any business which is reasonably related to the core business engaged in by it on the Closing Date.

Change in the Nature of Business. The Borrower shall will not, nor shall it and will not permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as the Borrower or any Subsidiary on the date of the Closing Datethis Agreement.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if if, as a result thereof, the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing DateDate or an Eligible Line of Business.

Change in the Nature of Business. The Borrower shall will not, nor shall it and will not permit any Subsidiary of its Subsidiaries to, engage in any business or activity if as a result the general nature of the business of the Borrower or any such Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as the Borrower or such Subsidiary on the date of the Closing Datethis Agreement.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date; provided, however, that Borrower and its Subsidiaries are permitted to sell the Golf Courses.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing DateDate provided, however, that the Borrower may engage in any business or activity conducted by a Subsidiary as of the Closing Date following any merger of such Subsidiary into the Borrower pursuant to Section 8.10(b)).

Change in the Nature of Business. The Borrower shall not, nor and shall it not permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as the Borrower or such Subsidiary on the date of the Closing Datethis Agreement.

Change in the Nature of Business. The Neither the Parent nor the Borrower shall notshall, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary and the Subsidiaries taken as a whole would be changed in any material respect from the general nature of the business engaged in by it such entities taken as a whole as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary of its Material Subsidiaries to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary of its Material Subsidiaries would be changed in any material respect from the general nature of the business engaged in by it as of the Closing DateDate and other businesses which are, in the judgment of the Borrower, reasonably related thereto, provided that, in any event, no increase in the geographic scope of such business shall be deemed to violate this covenant.

Change in the Nature of Business. The Except as contemplated herein, the Borrower shall not, nor shall it permit any Subsidiary to, not engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor and shall it not permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary and its Subsidiaries taken as a whole would be changed in any material respect from the general nature of the business engaged in by it as the Borrower and its Subsidiaries on the date of the Closing Datethis Agreement.

Change in the Nature of Business. The Other than as contemplated in the Budget, the Borrower shall not, nor shall it permit any Subsidiary to, engage cease operations in any business of its businesses or activity if as a result taking any material action for the general nature purpose of effecting the foregoing without the prior written consent of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing DateRequired Lenders.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity (other than related, ancillary or complimentary businesses and activities) if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary of its Subsidiaries to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date; provided, however, that the foregoing shall not prevent the acquisition by the Borrower or any of its Subsidiaries of, or the entry into, any line of business that is related or complementary to the business in which they are engaged on the Closing Date.

Change in the Nature of Business. The No Borrower shall notshall, nor shall it they permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the any Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as such Borrower or such Subsidiary on the date of the Closing Datethis Agreement.

Change in the Nature of Business. The No Borrower shall notshall, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the such Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date, it being agreed that the construction and operation of the Ethanol Facility shall not be a violation of this Section.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing DateRestatement Effective Date and businesses reasonably related or ancillary thereto.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the ​ business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The No Borrower shall notshall, nor shall it any Borrower permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the such Borrower or any such Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of on the Closing Sixth Amendment Effective Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary such Subsidiary, respectively, would not be changed in any material respect from the general nature of the business engaged in by it as an Eligible Line of the Closing DateBusiness.

Change in the Nature of Business. Section 8.17. Change in the Nature of Business" \l 2 . The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary and its Subsidiaries, taken as a whole, would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Datedate of this Agreement or as of the date such Person becomes a Subsidiary hereunder.

Change in the Nature of Business. Section 8.17.Change in the Nature of Business" \l 2 . The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of on the Closing SixthEighth Amendment Effective Date.. ​

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.business

Change in the Nature of Business. The Borrower shall not, nor shall it permit Trade Street REIT or any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower Borrower, Trade Street REIT or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary Guarantor to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary Guarantor would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing DateDate and other businesses which are, in the judgment of the Borrower, reasonably related or complimentary thereto, provided that, in any event, no increase in the geographic scope of such business shall be deemed to violate this covenant.

Change in the Nature of Business. The Borrower Borrowers shall not, nor and the Parent shall it not permit any other Subsidiary to, engage in any business or activity if as a result the general nature of the business of the any Borrower or any other Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as such Subsidiary on the date of the Closing Datethis Agreement.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date; provided that Borrower and its Subsidiaries may engage in any other business related to health or personal care.

Change in the Nature of Business. The Borrower Borrowers shall not, nor and shall it not permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the either Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as such Borrower or such Subsidiary on the date of the Closing Datethis Agreement.

Change in the Nature of Business. The Except as permitted pursuant to Section 8.16 hereof, the Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall Borrowers will not, nor shall it and will not permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the such Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as such Borrower or such Subsidiary on the date of the Closing Datethis Agreement.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature Eligible Lines of the business engaged in by it Business permitted as of the Closing Datedate of this Agreement.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of immediately following the Closing DateAlpine IPO.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing DateDate and businesses reasonably related or ancillary thereto.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as Eligible Line of the Closing DateBusiness.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary of its Subsidiaries to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall will not, nor shall it and will not permit any Subsidiary to, engage to any material extent in any business or activity if as a result the general nature of the business of other than those businesses conducted by the Borrower and its Subsidiaries on the date hereof or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Datereasonably related or incidental thereto or representing a reasonable expansion thereof.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary of its Subsidiaries to, engage in any business or activity if (other than related, ancillary or complimentary businesses and activities and any businesses and activities reasonably related thereto) if, as a result result, the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date.

Change in the Nature of Business. The Borrower shall will not, nor shall will it permit any Subsidiary of its Subsidiaries to, engage in any business or activity if as a result the general nature of the business of the Borrower or any such Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Datedate of Closing.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Material Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Material Subsidiary would be changed in any material respect from the general nature of the business engaged in by it the Borrower or any Subsidiary as of the Closing Date. For the purpose of this Section, any business reasonably related to the business of the Borrower and the Subsidiaries as of the Closing Date shall be presumptively deemed to not be a change in the nature of the Borrower’s business.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Material Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Material Subsidiary would be changed in any material respect from the general nature of the business engaged in by it the Borrower or any Subsidiary as of the Closing Date. For the purpose of this Section, any business reasonably related to the business of the Borrower, the Subsidiaries and ABI as of the Closing Date shall be presumptively deemed to not be a change in the nature of the Borrower’s business.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of on the Closing Date.

Change in the Nature of Business. The Borrower shall not, nor shall it permit any Subsidiary to, engage in any business or activity if as a result the general nature of the business of the Borrower or any Subsidiary would be changed in any material respect from the general nature of the business engaged in by it as of the Closing Date; provided, that it shall not be a change in the general nature of the business if any Immaterial Subsidiary ceases operations, or any Subsidiary is merged with the Borrower or another Subsidiary, or is dissolved.