Collective Enterprise. (a) The Loan Parties are engaged in the businesses of producing and selling vehicles globally, as well as in certain other businesses, (b) these operations require financing on a basis such that the credit supplied can be made available from time to time to Borrower, as required for the continued successful operation of Loan Parties taken as a whole, (c) Loan Parties have requested the Lender make credit available hereunder to Borrower primarily for the purposes of financing the operations of the Borrower and its Canadian Subsidiaries, and (d) each Loan Party expects to derive benefit (and the board of directors or analogous governing group of each Loan Party has determined that such Loan Party may reasonably be expected to derive benefit), directly or indirectly, from the credit extended by Lender hereunder, both in its separate capacity and as a member of the group of companies, since the successful operation and condition of each Loan Party is dependent on the continued successful performance of the functions of the group as a whole. Each Loan Party acknowledges that, but for the agreement of each of the other Loan Parties to execute and deliver this Loan Agreement and the other Loan Documents, Lender would not have made available the credit facilities established hereby on the terms set forth herein.
Collective Enterprise. Borrower and its Subsidiaries are engaged in the businesses of providing cloud based Platform-as-a-Service (PaaS) and Software-as-a-Service (SaaS) products to the health insurance, media and education verticals as of the date hereof, as well as in certain other related businesses. These operations require financing on a basis such that the credit supplied can be made available from time to time to Borrower, as required for the continued successful operation of Borrower and its Subsidiaries taken as a whole. Borrower and its Subsidiaries have requested the Lenders to make credit available hereunder to Borrower primarily for the purposes of Section 6.11 and generally for the purposes of financing the operations of Borrower and its Subsidiaries. Each of Borrower and each of its Subsidiaries expects to derive benefit (and the Board of Directors of each of Borrower and each of its Subsidiaries has determined that Borrower and such Subsidiary may reasonably be expected to derive benefit), directly or indirectly, from a portion of the credit extended by the Lenders hereunder, both in its separate capacity and as a member of the group of companies, since the successful operation and condition of Borrower and each of its Subsidiaries (collectively, the “Obligors”) is dependent on the continued successful performance of the functions of the group as a whole. Borrower acknowledges, on behalf of itself and each of its Subsidiaries, that, but for the agreement of each of the other Obligors to execute and deliver this Agreement and the other Loan Documents, the Lenders would not have made available the Term Loan established hereby on the terms set forth herein.
Collective Enterprise. Borrowers are engaged in the businesses of providing staffing in the healthcare industry as of the Closing Date, as well as in certain other businesses. These operations require financing on a basis such that the credit supplied can be made available from time to time to Borrowers, as required for the continued successful operation of Borrowers taken as a whole. Borrowers have requested the Lender make credit available hereunder primarily for the purposes of Subsection 12(g) and generally for the purposes of financing the operations of Borrowers. Each Borrower expects to derive benefit (and the Board of Directors of each Borrower has determined that such Borrower may reasonably be expected to derive benefit), directly or indirectly, from a portion of the credit extended by Lender hereunder, both in its separate capacity and as a member of the group of companies, since the successful operation and condition of each Borrower is dependent on the continued successful performance of the functions of the group as a whole. Each Borrower acknowledges that, but for the agreement of each of the other Borrowers to execute and deliver this Agreement, Lender would not have made available the credit facilities established hereby on the terms set forth herein.
Collective Enterprise. Borrowers are engaged in the businesses of providing staffing in the healthcare industry as of the date hereof, as well as in certain other businesses. These operations require financing on a basis such that the credit supplied can be made available from time to time to Borrowers, as required for the continued successful operation of Borrowers taken as a whole. Borrowers have requested the Lender make credit available hereunder primarily for the purposes of SUBSECTION 12(g) and generally for the purposes of financing the operations of Borrowers. Each Borrower expects to derive benefit (and the Board of Directors of each Borrower has determined that such Borrower may reasonably be expected to derive benefit), directly or indirectly, from a portion of the credit extended by Lender hereunder, both in its separate capacity and as a member of the group of companies, since the successful operation and condition of each Borrower is dependent on the continued successful performance of the functions of the group as a whole. Each Borrower acknowledges that, but for the agreement of each of the other Borrowers to execute and deliver this Agreement, Lender would not have made available the credit facilities established hereby on the terms set forth herein.
Collective Enterprise. Borrowers are engaged in the businesses of purchasing, selling, distributing, developing and/or manufacturing helium gas and/or balloons, punch balls and other inflatable toy products, films and flexible containers as of the date hereof, as well as in certain other businesses. These operations require financing on a basis such that the credit supplied can be made available from time to time to Borrowers, as required for the continued successful operation of Borrowers taken as a whole. Borrowers have requested the Lender make credit available hereunder primarily for the purposes of Subsection 12(g) and generally for the purposes of financing the operations of Borrowers. Each Borrower expects to derive benefit (and the Board of Directors of each Borrower has determined that such Borrower may reasonably be expected to derive benefit), directly or indirectly, from a portion of the credit extended by Lender hereunder, both in its separate capacity and as a member of the group of companies, since the successful operation and condition of each Borrower is dependent on the continued successful performance of the functions of the group as a whole. Each Borrower acknowledges that, but for the agreement of each of the other Borrowers to execute and deliver this Agreement, Lender would not have made available the credit facilities established hereby on the terms set forth herein.
Collective Enterprise. Borrower and Guarantors are collectively engaged in the businesses of distributing consumer personal computer software, interactive video games, DVD videos, and independent music labels and artists. Each of Borrower and each Guarantor expect to derive benefit, directly or indirectly, from a portion of the credit extended by Lender hereunder, both in its separate capacity and as a member of the group of companies, since the successful operation and condition of each such company is dependent on the continued successful performance of the functions of the group as a whole. Each of Borrower and each Guarantor acknowledges that, but for the agreement of each such company to execute and deliver this Agreement and the other Financing Agreements, Lender would not have made available the term loan established hereby on the terms set forth herein.
