Common use of Investments of a Subsidiary Clause in Contracts

Investments of a Subsidiary. of the Borrower acquired after the Closing Date or of a corporation merged or amalgamated or consolidated into the Borrower or merged or amalgamated into or consolidated with a Subsidiary of the Borrower in accordance with Section 6.05 after the Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation; and

Appears in 3 contracts

Samples: Guaranty Agreement (Frank's International N.V.), Guaranty Agreement (Frank's International N.V.), Revolving Credit Agreement (Frank's International N.V.)

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Investments of a Subsidiary. of the Borrower acquired after the Closing Date or of a corporation person merged or amalgamated or consolidated into the Borrower or merged or amalgamated into or consolidated with a Subsidiary after the Closing Date, in each case, (i) to the extent such acquisition, merger or consolidation is permitted under this Section 6.04, (ii) in the case of the Borrower any acquisition, merger or consolidation, in accordance with Section 6.05 after the Closing Date and (iii) to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger, amalgamation merger or consolidation; and;

Appears in 2 contracts

Samples: Incremental Assumption and Amendment Agreement (ADT Inc.), Credit Agreement (ADT Inc.)

Investments of a Subsidiary. of the Borrower acquired after the Closing Date or of a corporation person merged or amalgamated or consolidated into the Borrower any Loan Party or merged or amalgamated into or consolidated with a Subsidiary after the Closing Date, in each case, (i) to the extent permitted under this Section 6.04, (ii) in the case of the Borrower any acquisition, merger or consolidation, in accordance with Section 6.05 after the Closing Date 6.05, and (iii) to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger, amalgamation merger or consolidation; and;

Appears in 2 contracts

Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.)

Investments of a Subsidiary. of the Borrower acquired after the Closing Date or of a corporation Person merged or amalgamated or consolidated into the Borrower or merged or amalgamated into or consolidated with a any Subsidiary of the Borrower in accordance with this Section 6.05 7.02 and Section 7.04 after the Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger, amalgamation merger or consolidation; and;

Appears in 2 contracts

Samples: Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial Group Inc)

Investments of a Subsidiary. of the Borrower that is acquired after the Closing Date or of a corporation company merged or amalgamated or consolidated into the Borrower or merged or merged, amalgamated into or consolidated with a Subsidiary of the Borrower Subsidiary, in each case in accordance with Section 6.05 7.4, after the Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger merger, amalgamation or consolidation consolidation, and that do not constitute a material portion of the assets acquired by the Borrower and its Subsidiaries in such transaction and were in existence or committed to be made on the date of such acquisition, merger, amalgamation merger or consolidation; and;

Appears in 2 contracts

Samples: Credit Agreement (Gartner Inc), Credit Agreement (Gartner Inc)

Investments of a Subsidiary. of the Borrower acquired after the Original Closing Date or of a corporation merged or amalgamated or consolidated into the Borrower Company or merged or amalgamated into or consolidated with a Subsidiary of the Borrower in accordance with Section 6.05 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence inexistence on the date of such acquisition, merger, amalgamation merger or consolidation; and;

Appears in 1 contract

Samples: Credit Agreement (Celanese CORP)

Investments of a Subsidiary. of or the Borrower acquired after the Closing Date or of a corporation an entity merged or amalgamated or consolidated into the Borrower or merged or amalgamated into or consolidated with the Borrower or a Subsidiary of the Borrower in accordance with Section 6.05 after the Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger, amalgamation merger or consolidation; and;

Appears in 1 contract

Samples: Credit Agreement (Maxar Technologies Inc.)

Investments of a Subsidiary. of the Borrower acquired after the Closing Date or of a corporation merged or amalgamated or consolidated into the Borrower Parent or merged or amalgamated into or consolidated with a Subsidiary of the Borrower in accordance with Section 6.05 after the Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger, amalgamation merger or consolidation; and;

Appears in 1 contract

Samples: Credit Agreement (New Skies Satellites Holdings Ltd.)

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Investments of a Subsidiary. of the Borrower acquired after the Closing Date or of a corporation an entity merged or amalgamated or consolidated into the Borrower or merged or amalgamated into or consolidated with a Subsidiary of the Borrower in accordance with a transaction that is not prohibited by Section 6.05 7.04 after the Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger, amalgamation merger or consolidation; and;

Appears in 1 contract

Samples: Credit Agreement (ONE Group Hospitality, Inc.)

Investments of a Subsidiary. of the Borrower acquired after the Closing Date or of a corporation merged or amalgamated or consolidated into the Borrower or merged or amalgamated into or consolidated with a Subsidiary of the Borrower in accordance with Section 6.05 after the Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation; andand Frank’s International 364-Day Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Frank's International N.V.)

Investments of a Subsidiary. of the Borrower acquired after the Closing Date or of a corporation person merged or amalgamated or consolidated into the Borrower or merged or amalgamated into or consolidated with a Subsidiary after the Closing Date, in each case (i) to the extent such acquisition, merger or consolidation is permitted under this Section 6.04, (ii) in the case of the Borrower any acquisition, merger or consolidation, in accordance with Section 6.05 after the Closing Date and (iii) to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation consolidation, and were in existence on the date of such acquisition, merger, amalgamation merger or consolidation; and;

Appears in 1 contract

Samples: First Lien Credit Agreement (Exela Technologies, Inc.)

Investments of a Subsidiary. of the Borrower (including Commercialization Arrangements) acquired after the Closing Effective Date or of a corporation merged or Person merged, amalgamated or consolidated into the Borrower or merged or amalgamated into or consolidated with a any Subsidiary of the Borrower in accordance with this Section 6.05 and Section 6.03 after the Closing Effective Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation; and;

Appears in 1 contract

Samples: Credit Agreement (PDL Biopharma, Inc.)

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