Employee Loans and Affiliate Transactions. (a) No Credit Party shall enter into or be a party to any transaction with any Affiliate thereof (other than another Credit Party) except in the ordinary course of and pursuant to the reasonable requirements of such Credit Party's business and upon fair and reasonable terms that are no less favorable to such Credit Party than would be obtained in a comparable arm's length transaction with a Person not an Affiliate of such Credit Party, except intercompany loans permitted in clauses (h) and (i) of Section 6.3 and the Consignment Agreement. In addition, if any such transaction or series of related transactions involves payments in excess of $1,000,000 in the aggregate, the terms of these transactions must be disclosed in advance to Agent (which disclosure may be in the form of a request for issuance of an Eligible Trade L/C). All such transactions existing as of the date hereof are described on Disclosure Schedule 6.4(a).
Appears in 2 contracts
Samples: Credit Agreement (Wilsons the Leather Experts Inc), Assignment Agreement (Wilsons the Leather Experts Inc)
Employee Loans and Affiliate Transactions. (a) No Except as set forth on Disclosure Schedule (6.4(a)) and except as expressly permitted in this Section 6 with respect to Affiliates, no Credit Party shall enter into or be a party to any transaction with any other Credit Party or any Affiliate thereof (other than another Credit Party) except in the ordinary course of and pursuant to the reasonable requirements of such Credit Party's ’s business and upon fair and reasonable terms that are no less favorable to such Credit Party than would be obtained in a comparable arm's ’s length transaction with a Person not an Affiliate of such Credit Party, except intercompany loans permitted in clauses (h) and (i) of Section 6.3 and the Consignment Agreement. In addition, if any such transaction or series of related transactions involves payments in excess of $1,000,000 3,000,000 in the aggregate, the terms of these transactions must be disclosed in advance to Agent (which disclosure may be in the form of a request for issuance of an Eligible Trade L/C)and Lenders. All such transactions existing as of the date hereof are described on in Disclosure Schedule (6.4(a)).
Appears in 2 contracts
Samples: Credit Agreement (Penn Traffic Co), Credit Agreement (Penn Traffic Co)
Employee Loans and Affiliate Transactions. (a) No Except as otherwise expressly permitted in this Section 6 with --------- respect to Affiliates, no Credit Party shall enter into or be a party to any transaction with any other Credit Party or any Affiliate thereof (other than another Credit Party) except in the ordinary course of and pursuant to the reasonable requirements of such Credit Party's business and upon fair and reasonable terms that are no less favorable to such Credit Party than would be obtained in a comparable arm's length transaction with a Person not an Affiliate of such Credit Party, except intercompany loans permitted Party and in clauses (h) and (i) of Section 6.3 and compliance with the Consignment Agreementrestrictions on granting financial assistance under applicable laws. In addition, if any such transaction or series of related transactions involves payments by a Credit Party in excess of $1,000,000 250,000 in the aggregate, the terms of these transactions must be disclosed in advance to Agent (which disclosure may be in the form of a request for issuance of an Eligible Trade L/C)and Lenders. All such transactions existing as of the date hereof Closing Date are described on in Disclosure Schedule 6.4(a).6.4. -----------------------
Appears in 2 contracts
Samples: Credit Agreement (Icon Health & Fitness Inc), Credit Agreement (Icon Health & Fitness Inc)
Employee Loans and Affiliate Transactions. (a) No Except as set forth on Disclosure Schedule 6.4(a) and except as expressly permitted in this Section 6 with respect to Affiliates, no Credit Party shall enter into or be a party to any transaction with any other Credit Party or any Affiliate thereof (other than another Credit Party) except in the ordinary course of and pursuant to the reasonable requirements of such Credit Party's business and upon fair and reasonable terms that are no less favorable to such Credit Party than would be obtained in a comparable arm's length transaction with a Person not an Affiliate of such Credit Party, except intercompany loans permitted in clauses (h) and (i) of Section 6.3 and the Consignment Agreement. In addition, if any such transaction or series of related transactions involves payments in excess of $1,000,000 in the aggregate, the terms of these transactions must be disclosed in advance to Agent (which disclosure may be in the form of a request for issuance of an Eligible Trade L/C)and Lenders. All such transactions existing as of the date hereof are described on in Disclosure Schedule (6.4(a)).
Appears in 1 contract
Samples: Credit Agreement (Applied Extrusion Technologies Inc /De)
Employee Loans and Affiliate Transactions. (a) No Credit Party shall enter into or be a party to any transaction with any Affiliate thereof (other than another Credit Party) except in the ordinary course of and pursuant to the reasonable requirements of such Credit Party's ’s business and upon fair and reasonable terms that are no less favorable to such Credit Party than would be obtained in a comparable arm's ’s length transaction with a Person not an Affiliate of such Credit Party, except (i) intercompany loans permitted in clauses (hg) and (ih) of Section 6.3 and (ii) the Consignment Agreement. In addition, if any such transaction or series of related transactions involves payments in excess of $1,000,000 in the aggregate, the terms of these transactions must be disclosed in advance to Agent (which disclosure may be in the form of a request for issuance of an Eligible Trade L/C). All such transactions existing as of the date hereof are described on Disclosure Schedule 6.4(a).
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Employee Loans and Affiliate Transactions. (a) No Except as set forth on Disclosure Schedule 6.4(a) and except as expressly permitted in this Section 6 with respect to Affiliates, no Credit Party shall enter into or be a party to any transaction with any other Credit Party or any Affiliate thereof (other than another Credit Party) except in the ordinary course of and pursuant to the reasonable requirements of such Credit Party's ’s business and upon fair and reasonable terms that are no less favorable to such Credit Party than would be obtained in a comparable arm's ’s length transaction with a Person not an Affiliate of such Credit Party, except intercompany loans permitted in clauses (h) and (i) of Section 6.3 and the Consignment Agreement. In addition, if any such transaction or series of related transactions involves payments in excess of $1,000,000 in the aggregate, the terms of these transactions must be disclosed in advance to Agent (which disclosure may be in the form of a request for issuance of an Eligible Trade L/C)and Lenders. All such transactions existing as of the date hereof are described on in Disclosure Schedule (6.4(a)).
Appears in 1 contract
Samples: Credit Agreement (Applied Extrusion Technologies Inc /De)
Employee Loans and Affiliate Transactions. (a) No Except as otherwise expressly permitted in this Section 6 with respect to Credit Parties and their Affiliates, no Credit Party shall enter into or be a party to any transaction with any other Credit Party or any Affiliate thereof (other than another Credit Party) except in the ordinary course of and pursuant to the reasonable requirements of such Credit Party's business and upon fair and reasonable terms that are no less favorable to such Credit Party than would be obtained in a comparable arm's length transaction with a Person not an Affiliate of such Credit Party, except intercompany loans permitted in clauses (h) and (i) of Section 6.3 and the Consignment Agreement. In addition, if any such transaction or series of related transactions involves payments in excess of $1,000,000 3,000,000 in the aggregateaggregate in any Fiscal Year, the terms of these transactions must be disclosed in advance to Agent (which disclosure may be in the form of a request for issuance of an Eligible Trade L/C)and Lenders. All such transactions existing as of the date hereof are described on in Disclosure Schedule (6.4(a)).
Appears in 1 contract
Samples: Credit Agreement (Infogrames Inc)
Employee Loans and Affiliate Transactions. (a) No Except as otherwise expressly permitted in this Section 6 with respect to Affiliates, no Credit Party shall enter into or be a party to any transaction with any other Credit Party or any Affiliate thereof except (other than another Credit Partyi) except in the ordinary course of and pursuant to the reasonable requirements of such Credit Party's ’s business and upon fair and reasonable terms that are no less favorable to such Credit Party than would be obtained in a comparable arm's ’s length transaction with a Person not an Affiliate of such Credit Party, except intercompany loans permitted in clauses (h) Party and (iii) of Section 6.3 and the Consignment Agreementtransactions described in Disclosure Schedule (6.4(a)). In addition, if any such transaction or series of related transactions involves payments in excess of $1,000,000 750,000 in the aggregate, the terms of these transactions must be disclosed in advance to Agent (which disclosure may be in the form of a request for issuance of an Eligible Trade L/C). All such transactions existing as of the date hereof are described on Disclosure Schedule 6.4(a)and Lenders.
Appears in 1 contract
Samples: Credit Agreement (Rowe Companies)
Employee Loans and Affiliate Transactions. (a) No Credit Party shall enter into or be a party to any transaction with any Affiliate thereof (other than another Credit Party) except in the ordinary course of and pursuant to the reasonable requirements of such Credit Party's business and upon fair and reasonable terms that are no less favorable to such Credit Party than that would be obtained in a comparable arm's length transaction with a Person not an Affiliate of such Credit Party, except intercompany loans permitted in clauses (h) and (i) of Section 6.3 and the Consignment Agreement. In addition, if any such transaction or series of related transactions involves payments in excess of $1,000,000 in the aggregate, the terms of these transactions must be disclosed in advance to Agent (which disclosure may be in the form of a request for issuance of an Eligible Trade L/C). All such transactions existing as of the date hereof are described on Disclosure Schedule 6.4(a).
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