Common use of Holdings Clause in Contracts

Holdings. In the case of Holdings, conduct, transact or otherwise engage in any business or operations other than the following (and activities incidental thereto): (i) its ownership of the Equity Interests of the Borrower, (ii) the maintenance of its legal existence (including the ability to incur fees, costs and expenses relating to such maintenance), (iii) the performance of its obligations with respect to the Loan Documents, the First Lien Term Facility, the Second Lien Term Facility, any Qualified Holding Company Debt, (iv) any public offering of its common stock or any other issuance of its Equity Interests (including Qualified Equity Interests), (v) any transaction permitted under Section 9.4, (vi) the making of payments or restricted payments (x) to the extent otherwise permitted under this Section 9.15 and (y) with any amounts received in any transaction permitted under Section 9.6, (vii) the incurrence of Qualified Holding Company Debt, (viii) making contributions to the capital of its Subsidiaries, (ix) guaranteeing the obligations of the Borrower and its Subsidiaries solely to the extent such obligations of the Borrower and its Subsidiaries are not prohibited hereunder, (x) participating in tax, accounting and other administrative matters as a member of the consolidated group of Holdings and the Borrower, (xi) holding any cash or property received in connection with Restricted Payments made by the Borrower in accordance with Section 9.6 pending application thereof by Holdings, (xii) providing indemnification to officers and directors, (xiii) the making of Investments in assets that are Cash Equivalents and (xiv) activities incidental to the businesses or activities described in clauses (i) to (xiii) of this Section 9.15.

Holdings. In the case of Holdings, conduct, transact or otherwise engage in any business or operations other than the following (and any activities incidental thereto): (i) its direct ownership of the Equity Interests of the BorrowerBorrower and its indirect ownership of the Equity Interests of the Subsidiaries of the Borrower and activities incidental thereto, including payment of dividends and other amounts in respect of its Equity Interests, (ii) the maintenance of its legal existence (including the ability to incur fees, costs and expenses relating to such maintenance), (iii) the performance of its obligations with respect to the Loan Documents, the First Lien Term Facility, the Second Lien Term FacilityABL Facilities, any Qualified Holding Company Debt, any Permitted Ratio Debt, any Incremental Equivalent Debt, any Refinancing Equivalent Debt or the Purchase Agreement and the other agreements contemplated by the Purchase Agreement, (iv) any public offering of its common stock or any other issuance of its Equity Interests (including Qualified Equity Interests), (v) or any transaction permitted under Section 9.47.04, (viv) financing activities, including the making issuance of payments or restricted payments (x) to the extent otherwise permitted under this Section 9.15 and (y) with any amounts received in any transaction permitted under Section 9.6securities, (vii) the incurrence of Qualified Holding Company Debtdebt, (viii) payment of dividends, making contributions to the capital of its Subsidiaries, (ix) Subsidiaries and guaranteeing the obligations of the Borrower and its Subsidiaries in each case solely to the extent such obligations of the Borrower and its Subsidiaries are not prohibited permitted hereunder, (xvi) participating in tax, accounting and other administrative matters as a member of the consolidated group of Holdings and the Borrower, (xivii) holding any cash or property received in connection with Restricted Payments made by the Borrower in accordance with Section 9.6 7.06 151 pending application thereof by Holdings, (xiiviii) providing indemnification to officers and directors, (xiii) the making of Investments in assets that are Cash Equivalents directors and (xivix) activities incidental to the businesses or activities described in clauses (i) to (xiiiviii) of this Section 9.157.13.

Holdings. In the case of Holdings, conduct, transact or otherwise engage in any business or operations other than the following (and activities incidental thereto): (i) its ownership of the Equity Interests of the Borrower, (ii) the maintenance of its legal existence (including the ability to incur fees, costs and expenses relating to such maintenance), (iii) the performance of its obligations with respect to the Loan Documents, the First Lien theany Term Facility, the Second Lien Term Facility, any Senior Notes or any Qualified Holding Company Debt, (iv) any public offering of its common stock or any other issuance of its Equity Interests (including Qualified Equity Interests), (v) any transaction permitted under Section 9.4, (vi) the making of or makemaking payments or restricted payments (x) to the extent otherwise permitted under this Section 9.15 and (y) with any amounts received in any transaction permitted under Section 9.6, (viiv) the incurrence of Qualified Holding Company DebtDebt and, the issuance of securities, and the incurrence of Qualified Equity Interests, (viiivi) making contributions to the capital of its Subsidiaries, (ixvii) guaranteeing the obligations of the Borrower and its Subsidiaries in each case solely to the extent such obligations of the Borrower and its Subsidiaries are not prohibited permitted hereunder, (xviii) participating in tax, accounting and other administrative matters as a member of the consolidated group of Holdings and the Borrower, (xiix) holding any cash or property received in connection with Restricted Payments made by the Borrower in accordance with Section 9.6 pending application thereof by Holdings, (xiix) providing indemnification to officers and directorsdirectors and, (xiiixi) the making of Investments investments in assets that are Cash Equivalents in the ordinary course of business, and (xivxii) activities incidental to the businesses or activities described in clauses (i) to (xiiixxi) of this Section 9.159.13.

Holdings. In the case of Holdings, conduct, transact or otherwise engage in any business or operations other than the following (and any activities incidental thereto): (i) its direct ownership of the Equity Interests of the BorrowerBorrower and its indirect ownership of the Equity Interests of the Subsidiaries of the Borrower and activities incidental thereto, including payment of dividends and other amounts in respect of its Equity Interests, (ii) the maintenance of its legal existence (including the ability to incur fees, costs and expenses relating to such maintenance), (iii) the performance of its obligations with respect to the Loan Documents, the First Lien Term Facility, the Second Lien Term Facility, any Qualified Holding Company Debt, any Permitted Ratio Debt, any Incremental Equivalent Debt, any Refinancing Equivalent Debt or the Purchase Agreement and the other agreements contemplated by the Purchase Agreement, (iv) any public offering of its common stock or any other issuance of its Equity Interests (including Qualified Equity Interests), (v) or any transaction permitted under Section 9.4, (viv) financing activities, including the making issuance of payments or restricted payments (x) to the extent otherwise permitted under this Section 9.15 and (y) with any amounts received in any transaction permitted under Section 9.6securities, (vii) the incurrence of Qualified Holding Company Debtdebt, (viii) payment of dividends, making contributions to the capital of its Subsidiaries, (ix) Subsidiaries and guaranteeing the obligations of the Borrower and its Subsidiaries in each case solely to the extent such obligations of the Borrower and its Subsidiaries are not prohibited permitted hereunder, (xvi) participating in tax, accounting and other administrative matters as a member of the consolidated group of Holdings and the Borrower, (xivii) holding any cash or property received in connection with Restricted Payments made by the Borrower in accordance with Section 9.6 pending application thereof by Holdings, (xiiviii) providing indemnification to officers and directors, (xiii) the making of Investments in assets that are Cash Equivalents directors and (xivix) activities incidental to the businesses or activities described in clauses (i) to (xiiiviii) of this Section 9.159.13.

Holdings. In the case of HoldingsHoldings only, conduct, transact or otherwise engage in any material business activities or operations have any material properties or liabilities, other than the following (and activities incidental thereto): (ia) its ownership of the Equity Interests of its Subsidiaries, including receipt and payment of Restricted Payments and other amounts in respect of Equity Interests; (b) obligations under the BorrowerLoan Documents, any other Indebtedness permitted hereby, the Xxxx Acquisition Agreement and any other document or agreement entered into in connection with the Xxxx Acquisition or any other Permitted Acquisition; (iic) the maintenance of its legal existence (including the ability to incur and pay, as applicable, fees, costs and expenses and taxes relating to such maintenance), ; (iii) the performance of its obligations with respect to the Loan Documents, the First Lien Term Facility, the Second Lien Term Facility, any Qualified Holding Company Debt, (ivd) any public offering of its common stock equity or any other issuance or sale of its Equity Interests Interests; (including Qualified e) the issuance of Equity Interests), (v) any transaction permitted under Section 9.4receipt and payment of Dividends, (vi) the making of payments or restricted payments (x) to the extent otherwise permitted under this Section 9.15 and (y) with any amounts received in any transaction permitted under Section 9.6, (vii) the incurrence of Qualified Holding Company Debt, (viii) making contributions to the capital of its Subsidiaries, (ix) Subsidiaries and guaranteeing the obligations of the Borrower and its Subsidiaries solely to the extent such obligations of the Borrower and its Subsidiaries are not prohibited hereunderSubsidiaries; (f) if applicable, (x) participating in tax, accounting and other administrative matters as a member of the consolidated group of Holdings and the Borrower, provision of administrative and advisory services (xiincluding treasury and insurance services) to its Subsidiaries of a type customarily provided by a holding company to its Subsidiaries; (g) holding any cash or property received in connection with Restricted Payments made by the Borrower in accordance with Section 9.6 pending application thereof by Holdings, (xiibut not operating any property); (h) providing indemnification to officers and directors, ; (xiii) the making of Investments in assets that are Cash Equivalents and (xivi) activities incidental to Permitted Acquisitions or similar Investments consummated by its Subsidiaries, including the businesses formation of acquisition vehicle entities and intercompany loans and/or Investments incidental to such Permitted Acquisitions or similar Investments; (j) merging with or into any Person (in compliance with Section 6.03(e)); and (k) activities described in and properties incidental to the foregoing clauses (ia) to through (xiii) of this Section 9.15j).

Holdings. In the case of Holdings, conduct, transact or otherwise engage in any business or operations other than the following (and activities incidental thereto): (i) its ownership of the Equity Interests of the Borrower, (ii) the maintenance of its legal existence (including the ability to incur fees, costs and expenses relating to such maintenance), (iii) the performance of its obligations with respect to the Loan Documents, the First Lien Term Facility, the Second Lien Term FacilityABL Facilities, any Qualified Holding Company Permitted Ratio Debt, any Credit Agreement Refinancing Indebtedness, any Permitted Pari Passu Secured Debt and any other Indebtedness permitted to be incurred by Holdings pursuant to Section 7.03, (iv) any public offering of its common stock or any other issuance of its Equity Interests (including Qualified Equity Interests), (v) or any transaction permitted under Section 9.47.04, (viv) financing activities, including the making issuance of payments or restricted payments (x) to the extent otherwise permitted under this Section 9.15 and (y) with any amounts received in any transaction permitted under Section 9.6securities, (vii) the incurrence of Qualified Holding Company Debtdebt, (viii) payment of Restricted Payments, making contributions to the capital of its Subsidiaries, (ix) Subsidiaries and guaranteeing the obligations of the Borrower and its Subsidiaries in each case solely to the extent such obligations of the Borrower and its Subsidiaries are not prohibited permitted hereunder, (xvi) participating in tax, accounting and other administrative matters as a member of the consolidated group of Holdings (or any direct or indirect parent entity of Holdings) and the Borrower, (xivii) holding any cash or property received in connection with Restricted Payments made by the Borrower in accordance with Section 9.6 7.06 pending application thereof by Holdings, (xiiviii) providing indemnification to officers and directors, (xiii) the making of Investments in assets that are Cash Equivalents directors and (xivix) activities incidental to the businesses or activities described in clauses (i) to (xiiiviii) of this Section 9.157.13.

Holdings. In the case of Holdings, conduct, transact or otherwise engage in any business or operations other than the following (and activities incidental thereto): (i) its ownership of the Equity Interests of the Borrower, (ii) the maintenance of its legal existence (including the ability to incur fees, costs and expenses relating to such maintenance), (iii) the performance of its obligations with respect to the Loan Documents, the First Lien Term Facility, the Second Lien Term Facility, Facility and any Qualified Holding Company Debt, (iv) any public offering of its common stock or any other issuance of its Equity Interests (including Qualified Equity Interests), (v) any transaction permitted under Section 9.4, (vi) the making of payments or restricted payments (x) to the extent otherwise permitted under this Section 9.15 9.13 and (y) with any amounts received in any transaction permitted under Section 9.6, (vii) the incurrence of Qualified Holding Company Debt, (viii) making contributions to the capital of its Subsidiaries, (ix) guaranteeing the obligations of the Borrower and its Subsidiaries solely to the extent such obligations of the Borrower and its Subsidiaries are not prohibited hereunder, (x) participating in tax, accounting and other administrative matters as a member of the consolidated group of Holdings and the Borrower, (xi) holding any cash or property received in connection with Restricted Payments made by the Borrower in accordance with Section 9.6 pending application thereof by Holdings, (xii) providing indemnification to officers and directors, (xiii) the making of Investments in assets that are Cash Equivalents and (xiv) activities incidental to the businesses or activities described in clauses (i) to (xiii) of this Section 9.159.13.