Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity merged into, amalgamated with, or consolidated with a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation;
Appears in 9 contracts
Samples: Indenture (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)
Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity merged into, amalgamated with, or consolidated with the Issuer or a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation;.
Appears in 5 contracts
Samples: Indenture (Berry Global Group Inc), Indenture (Berry Plastics Group Inc), Senior Secured First Lien Notes Indenture (Claires Stores Inc)
Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity merged into, amalgamated with, with or consolidated with the Issuer or a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation;; and
Appears in 4 contracts
Samples: Indenture (Harrahs Entertainment Inc), Indenture (Gnoc Corp.), Indenture (Harrahs Entertainment Inc)
Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity merged into, amalgamated with, or consolidated with a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by Section 5.01 Article 5 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation;
Appears in 3 contracts
Samples: Indenture (Aquestive Therapeutics, Inc.), Indenture (Blue Water Acquisition Corp.), Indenture (Aquestive Therapeutics, Inc.)
Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity merged into, amalgamated with, or consolidated with a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by Section 5.01 the covenant described under Article 5 hereof after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation;
Appears in 2 contracts
Samples: Indenture (Affinion Group, Inc.), Indenture (Affinion Loyalty Group, Inc.)
Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity merged into, amalgamated with, into the Issuers or merged into or consolidated with a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by accordance with Section 5.01 hereof after the Issue Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger, amalgamation merger or consolidation;
Appears in 2 contracts
Samples: Indenture (VHS of Anaheim Inc), Indenture (VHS of Anaheim Inc)
Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity a Person merged into, amalgamated with, with or consolidated with a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by Section 5.01 Article IV after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such merger, acquisition, merger, amalgamation or consolidation;
Appears in 1 contract
Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity merged into, amalgamated with, or consolidated with the Issuer or a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation;
Appears in 1 contract
Samples: Indenture (TopBuild Corp)
Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity merged into, amalgamated with, with or consolidated with the Issuer or a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation;
Appears in 1 contract
Samples: Indenture (Mariner, LLC)
Investments of. a Restricted Subsidiary of the Issuer acquired after the Existing Note Issue Date or of an entity merged into, amalgamated with, or consolidated with the Issuer or a Restricted Subsidiary of the Issuer in a transaction that is not (or would not have been) prohibited by Section 5.01 after the Existing Note Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation;.
Appears in 1 contract
Samples: Senior Subordinated Notes Indenture (Claires Stores Inc)
Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity merged into, or amalgamated with, into or consolidated with a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by Section 5.01 4.1 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger, amalgamation or consolidation;
Appears in 1 contract
Investments of. a Restricted Subsidiary of the Issuer acquired after the Issue Date or of an entity merged into, amalgamated with, into or consolidated with a Restricted Subsidiary of the Issuer in a transaction that is not prohibited by Section 5.01 4.1 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger, amalgamation merger or consolidation;
Appears in 1 contract
Samples: Indenture (Solgar)