Common use of Investment Limitation Clause in Contracts

Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Notes in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. The Representatives on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company or the Guarantor of any one or more of the foregoing covenants or extend the deadline for performance of any covenant required to be performed by a certain time.

Appears in 1 contract

Samples: Underwriting Agreement (Spirit AeroSystems Holdings, Inc.)

AutoNDA by SimpleDocs

Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Notes Securities in such a manner as would require the Company or any of its subsidiaries to register as an investment company company” under the Investment Company Act. The Representatives Representatives, jointly on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company or the Guarantor of any one or more of the foregoing covenants or extend the deadline time for performance of any covenant required to be performed by a certain timetheir performance.

Appears in 1 contract

Samples: Underwriting Agreement (Nelnet Inc)

Investment Limitation. The Company shall not invest, or otherwise use the net proceeds received by the Company from its sale of the Notes Shares in such a manner as would require the Company or any of its subsidiaries Subsidiaries to register as an investment company under the Investment Company Act. The Representatives on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company or the Guarantor of any one or more of the foregoing covenants or extend the deadline time for performance of any covenant required to be performed by a certain timetheir performance.

Appears in 1 contract

Samples: Underwriting Agreement (Global Secure Corp.)

AutoNDA by SimpleDocs

Investment Limitation. The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Notes in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act. The Representatives Representative on behalf of the several Underwriters, Initial Purchasers may, in their its sole discretion, waive in writing the performance by the Company or the any Guarantor of any one or more of the foregoing covenants or or, subject to the written consent of the Company, extend the deadline time for performance of any covenant required to be performed by a certain timetheir performance.

Appears in 1 contract

Samples: Purchase Agreement (Scotts Miracle-Gro Co)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!