Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, and other transactions described on Schedule 4 attached hereto, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 28 contracts
Samples: Credit Agreement (GoPro, Inc.), Credit Agreement (Ipass Inc), Credit Agreement (Ipass Inc)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on Schedule 4 attached hereto, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 4 contracts
Samples: Security Agreement (Novelis Inc.), Security Agreement (Novelis Inc.), Security Agreement (Novelis South America Holdings LLC)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, and other transactions that have occurred at any time in the past five years described on Schedule 4 attached hereto, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 3 contracts
Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on Schedule 4 attached heretohereto and on Schedule 4 to the Prior Perfection Certificate,, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 3 contracts
Samples: Security Agreement (Novelis Inc.), Security Agreement (Novelis Inc.), Security Agreement (Novelis South America Holdings LLC)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, and other transactions described on Schedule 4 attached hereto, during the preceding five (5) year period all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 2 contracts
Samples: Credit Agreement (Streamline Health Solutions Inc.), Term Loan Credit Agreement (Nuverra Environmental Solutions, Inc.)
Extraordinary Transactions. Except for those purchases, mergers, amalgamations, acquisitions, consolidationscontinuations, consolidations and other transactions described on in Schedule 4 attached hereto4, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 2 contracts
Samples: Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on in Schedule 4 3 attached hereto, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 2 contracts
Samples: Patent Security Agreement (Soundhound Ai, Inc.), Guarantee and Collateral Agreement (MARRIOTT VACATIONS WORLDWIDE Corp)
Extraordinary Transactions. Except for those purchases, mergers, amalgamations, acquisitions, consolidations, and other transactions described on Schedule 4 attached hereto, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 2 contracts
Samples: Credit Agreement (API Technologies Corp.), Credit Agreement (API Technologies Corp.)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on Schedule 4 3 attached hereto, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Samples: Credit Agreement (PharMerica CORP)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on Schedule 4 attached heretohereto and made a part hereof and on Schedule 4 to the Prior Perfection Certificate, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such each Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on Schedule 4 attached heretohereto and made a part hereof, all of the Collateral has been originated by each the Loan Party in the ordinary course of business or consists of goods which have been acquired by such the Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Samples: Credit Agreement (Novelis Inc.)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, and other transactions described on Schedule 4 attached hereto, all of the Collateral obtained by each Loan Party within the past five (5) years has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind. 5.
Appears in 1 contract
Samples: Assignment and Acceptance Agreement (Nautilus, Inc.)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on Schedule 4 attached hereto, all of the Collateral originated in the past five years has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Samples: Credit Agreement (United Surgical Partners International Inc)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on Schedule 4 attached heretohereto and on Schedule 4 to the Prior Perfection Certificate,, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind. [Intentionally omitted].
Appears in 1 contract
Samples: Credit Agreement (Novelis Inc.)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on Schedule 4 attached heretohereto and made a part hereof, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such each Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on Schedule 4 3 attached hereto, hereto all of the Collateral has been originated by each a Loan Party in the ordinary course of business or consists of goods which have been acquired by such any Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Samples: Control Agreement (Bearingpoint Inc)
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, and other transactions consummated in the past five years and described on Schedule 4 attached hereto, all of the Collateral has been originated by each Loan Party in the ordinary course of business or consists of goods which have been acquired by such Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Extraordinary Transactions. Except for those purchases, mergers, acquisitions, consolidations, acquisitions and other transactions described on Schedule 4 attached hereto, all of the Collateral has been originated by each of the Borrower and each Domestic Subsidiary Loan Party in the ordinary course of business or consists of goods which have been acquired by such each of the Borrower and each Domestic Subsidiary Loan Party in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Samples: Credit Agreement (Celanese CORP)