DESIGNATED LINE OF BUSINESS; NEW BUSINESS SEGMENTS; PROHIBITED LINES OF BUSINESS Sample Clauses

DESIGNATED LINE OF BUSINESS; NEW BUSINESS SEGMENTS; PROHIBITED LINES OF BUSINESS. (a) Subject to the provisions of the last sentence of this Section 5.2(a), the Manager, its officers, directors, and affiliates (other than the Company and its subsidiaries) shall not invest in, acquire, manage, or otherwise provide services (including acquisition or investment banking services) with respect to, any firm, corporation, partnership or other entity principally engaged in business activities in the plastics industry (the "DESIGNATED LINE OF BUSINESS"). The restriction contained in the preceding sentence shall apply to and be binding upon the Manager regardless of whether the Board elects to pursue or not to pursue any investment opportunity related to the Designated Line of Business which is brought to the attention of the Company, by the Manager or otherwise; PROVIDED, HOWEVER, that one or more affiliates of the Manager shall be entitled to invest in, acquire, manage and/or otherwise provide services (including acquisition or investment banking services) with respect to, any firm, corporation, partnership or other entity engaged in the Designated Line of Business (a "PLASTICS ENTITY"), if (i) prior to undertaking such investment, management or provision of services, information (including business and financial information in reasonable detail) regarding the Plastics Entity, together with the material terms of the proposed contract or transaction, are disclosed to the Board, and (ii) the Board (and at least a majority of the disinterested members thereof) authorizes such contract or transaction and expressly waives the prohibition otherwise imposed by this Section 5.2(a).
Sample 1
AutoNDA by SimpleDocs

Related to DESIGNATED LINE OF BUSINESS; NEW BUSINESS SEGMENTS; PROHIBITED LINES OF BUSINESS

  • Line of Business The Company will not and will not permit any Subsidiary to engage in any business if, as a result, the general nature of the business in which the Company and its Subsidiaries, taken as a whole, would then be engaged would be substantially changed from the general nature of the business in which the Company and its Subsidiaries, taken as a whole, are engaged on the date of this Agreement as described in the Memorandum.

  • Lines of Business Enter into any business, either directly or through any Subsidiary, except for those businesses in which the Borrower and its Subsidiaries are engaged on the date of this Agreement or that are reasonably related thereto.

  • Business Locations Set forth on Schedule 6.20(a) is a list of all Real Properties located in the United States that are owned or leased by the Loan Parties as of the Closing Date. Set forth on Schedule 6.20(b) is a list of all locations where any tangible personal property of a Loan Party is located as of the Closing Date. Set forth on Schedule 6.20(c) is the chief executive office, jurisdiction of incorporation or formation and principal place of business of each Loan Party as of the Closing Date.

  • Name; State of Organization; Chief Executive Office; Collateral Locations (a) The exact legal name of each Borrower and Guarantor is as set forth on the signature page of this Agreement and in the Information Certificate. No Borrower or Guarantor has, during the five years prior to the date of this Agreement, been known by or used any other corporate or fictitious name or been a party to any merger or consolidation, or acquired all or substantially all of the assets of any Person, or acquired any of its property or assets out of the ordinary course of business, except as set forth in the Information Certificate.

  • Fundamental Changes, Line of Business No Borrower shall amend its organizational documents or change its Fiscal Year or enter into a new line of business materially different from such Borrower's current business unless (i) such actions would not have a Material Adverse Effect on such Borrower; (ii) such actions would not affect the obligations of such Borrower to Lender; (iii) such actions would not affect the interpretation of any of the terms of this Agreement or the Other Agreements and (iv) Lender has received ten (10) days prior written notice of such amendment or change.

  • Scope of Business The Borrower shall, and shall cause each Significant Subsidiary to, engage primarily in energy-related businesses.

  • Change in Business or Credit and Collection Policy The Seller will not make any change in the character of its business or in the Credit and Collection Policy that would, in either case, materially adversely affect the collectibility of the Receivables Pool or the ability of the Seller to perform its obligations under this Agreement.

  • Sale of Business Entered into any contract for the sale of the Business, or any part thereof, or for the purchase of another business, whether by merger, consolidation, exchange of capital stock or otherwise (other than negotiations with respect to this Agreement);

  • Jurisdiction of Organization; Location of Chief Executive Office; Organizational Identification Number; Commercial Tort Claims (a) The name of (within the meaning of Section 9-503 of the Code) and jurisdiction of organization of each Loan Party and each of its Subsidiaries is set forth on Schedule 4.6(a) (as such Schedule may be updated from time to time to reflect changes permitted to be made under Section 6.5).

  • Principal Business Office The principal business office of the Company shall be located at 20000 Xxxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxx 00000 or such other location as may hereafter be determined by the Member.

Time is Money Join Law Insider Premium to draft better contracts faster.