Changes in Business. The Borrower and its Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, incidental, ancillary, supportive, complementary, synergetic or related businesses or reasonable extensions thereof (and non-core incidental businesses acquired in connection with any Acquisition or Investment or other immaterial businesses).
Appears in 11 contracts
Samples: Credit Agreement (Baldwin Insurance Group, Inc.), Credit Agreement (Grocery Outlet Holding Corp.), Incremental Agreement (Snap One Holdings Corp.)
Changes in Business. The Borrower and its Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, incidental, ancillary, supportive, complementary, synergetic business activities incidental or related businesses or reasonable extensions thereof (and non-core incidental businesses acquired in connection with to any Acquisition or Investment or other immaterial businesses)of the foregoing.
Appears in 8 contracts
Samples: Credit Agreement (GCM Grosvenor Inc.), Third Amendment, Extension and Incremental Assumption Agreement (LPL Financial Holdings Inc.), Incremental Tranche B Term Loans (LPL Financial Holdings Inc.)
Changes in Business. The Borrower and its Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, business activities incidental, ancillary, supportive, complementary, synergetic related or related businesses or reasonable extensions thereof (and non-core incidental businesses acquired in connection with reasonably complementary to any Acquisition or Investment or other immaterial businesses)of the foregoing.
Appears in 7 contracts
Samples: Credit Agreement (WideOpenWest, Inc.), Credit Agreement (WideOpenWest Finance, LLC), Credit Agreement (WideOpenWest Finance, LLC)
Changes in Business. The Borrower and its Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its Restricted Subsidiaries, taken as a whole, on the Closing Effective Date and other similar, incidental, ancillary, supportive, complementary, synergetic business activities incidental or related businesses or reasonable extensions thereof (and non-core incidental businesses acquired in connection with to any Acquisition or Investment or other immaterial businesses)of the foregoing.
Appears in 7 contracts
Samples: Ninth Amendment (LPL Financial Holdings Inc.), Eighth Amendment (LPL Financial Holdings Inc.), Seventh Amendment (LPL Financial Holdings Inc.)
Changes in Business. The Borrower and its the Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, incidental, ancillary, supportive, complementary, synergetic or related businesses or reasonable extensions thereof (and non-core incidental businesses acquired in connection with any Acquisition or Investment or other immaterial businesses).
Appears in 5 contracts
Samples: Credit Agreement (MultiPlan Corp), Credit Agreement (MultiPlan Corp), Credit Agreement (Snap One Holdings Corp.)
Changes in Business. The Borrower and its the Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its the Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, incidental, ancillary, supportive, complementary, synergetic business activities incidental or reasonably related businesses or reasonable extensions thereof (and non-core incidental businesses acquired in connection with to any Acquisition or Investment or other immaterial businesses)of the foregoing.
Appears in 5 contracts
Samples: Credit Agreement (Energy Future Competitive Holdings CO), Amendment No. 2 (Energy Future Intermediate Holding CO LLC), Credit Agreement (Energy Future Intermediate Holding CO LLC)
Changes in Business. The Borrower and its the Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its the Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, incidental, ancillary, supportive, complementary, synergetic business activities reasonably incidental or related businesses or reasonable extensions thereof (and non-core incidental businesses acquired in connection with to any Acquisition or Investment or other immaterial businesses)of the foregoing.
Appears in 5 contracts
Samples: Credit Agreement (Laureate Education, Inc.), Credit Agreement (Laureate Education, Inc.), Credit Agreement (Laureate Education, Inc.)
Changes in Business. The Borrower and its Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, incidental, ancillary, supportive, complementary, synergetic or related businesses or reasonable extensions thereof (and non-non- core incidental businesses acquired in connection with any Acquisition or Investment or other immaterial businesses).
Appears in 4 contracts
Samples: Credit Agreement (Snap One Holdings Corp.), Incremental Agreement (Snap One Holdings Corp.), Incremental Agreement to Credit Agreement (Snap One Holdings Corp.)
Changes in Business. The Borrower and its Restricted the Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted of Industry Investments by the Borrower and its Restricted Subsidiaries, taken as a whole, on the Closing Date Subsidiaries and other similar, incidental, ancillary, supportive, complementary, synergetic business activities incidental or reasonably related businesses or reasonable extensions thereof (and non-core incidental businesses acquired in connection with to any Acquisition or Investment or other immaterial businesses)of the foregoing.
Appears in 2 contracts
Samples: Credit Agreement (KKR Financial Holdings LLC), Credit Agreement (KKR Financial Holdings LLC)
Changes in Business. The Borrower and its the Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted and contemplated by the Borrower and its the Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, incidental, ancillary, supportive, complementary, synergetic or related businesses or reasonable business activities which are extensions thereof (and non-core incidental businesses acquired in connection with any Acquisition or Investment or other immaterial businesses).otherwise similar,
Appears in 1 contract
Samples: Credit Agreement (Talen Energy Corp)
Changes in Business. The Borrower and its Restricted Subsidiaries, Subsidiaries taken as a whole, whole will not fundamentally and substantively alter the character of their business, business taken as a whole, whole from the business conducted by the Borrower and its Restricted Subsidiaries, Subsidiaries taken as a whole, whole on the Closing Date date hereof and other similar, incidental, ancillary, supportive, complementary, synergetic business activities incidental or related businesses or reasonable extensions thereof (thereto, except that the Borrower and non-core its Subsidiaries may engage in the Permitted Business and other business activities reasonably incidental businesses acquired in connection with any Acquisition or Investment or other immaterial businesses)thereto.
Appears in 1 contract
Samples: Credit Agreement (Brunos Inc)
Changes in Business. The Borrower and its the Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its the Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, incidental, ancillary, supportive, complementary, synergetic business activities incidental or reasonably related businesses to any of the foregoing except as required by the Bankruptcy Code or reasonable extensions thereof (and non-core incidental businesses acquired in connection with any Acquisition pursuant to the Interim Order or Investment or other immaterial businesses)the Final Order.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Credit Agreement (Energy Future Competitive Holdings Co LLC)
Changes in Business. The Borrower and its the Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its the Restricted Subsidiaries, taken as a whole, on the Closing Date (after giving effect to the Transactions) and other similar, incidental, ancillary, supportive, complementary, synergetic business activities incidental or related businesses or reasonable extensions thereof (and non-core incidental businesses acquired in connection with to any Acquisition or Investment or other immaterial businesses)of the foregoing.
Appears in 1 contract
Changes in Business. The Borrower and its Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, incidental, ancillary, supportive, complementary, synergetic business activities incidental or related businesses or reasonable extensions thereof to any of the foregoing (which shall include, for the avoidance of doubt, consummating the Transactions and non-core incidental businesses acquired in connection with any Acquisition or Investment or other immaterial businesses)the Mosaic Transactions.
Appears in 1 contract
Changes in Business. The Borrower and its the Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its the Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, business activities which are extensions thereof or otherwise incidental, ancillarycorollary, supportivesynergistic, complementary, synergetic reasonably related or related businesses ancillary to any of the foregoing except as required by the Bankruptcy Code or reasonable extensions thereof (and non-core incidental businesses acquired in connection with any Acquisition or Investment or other immaterial businesses)pursuant to the DIP Order.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Credit Agreement (Energy Future Competitive Holdings Co LLC)
Changes in Business. The Borrower and its Restricted the Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its Restricted the Subsidiaries, taken as a whole, on the Closing Date and other business activities which are extensions thereof or otherwise similar, incidental, ancillary, supportive, complementary, synergetic synergistic, reasonably related or related businesses or reasonable extensions thereof (and non-core incidental businesses acquired ancillary to any of the foregoing, in connection with any Acquisition or Investment or other immaterial businesses)each case as determined by the Borrower in good faith.
Appears in 1 contract
Samples: Superpriority Secured Debtor in Possession Credit Agreement (Avaya Holdings Corp.)
Changes in Business. The Borrower and its the Restricted Subsidiaries, taken as a whole, will not fundamentally and substantively alter the character of their business, taken as a whole, from the business conducted by the Borrower and its the Restricted Subsidiaries, taken as a whole, on the Closing Date and other similar, incidental, ancillary, supportive, complementary, synergetic business activities incidental or reasonably related businesses to any of the foregoing except as required by the Bankruptcy Code or reasonable extensions thereof (and non-core incidental businesses acquired in connection with any Acquisition or Investment or other immaterial businesses)pursuant to the Final Order.
Appears in 1 contract
