Limitation on Acquisitions. Make any Acquisition other than a non-hostile Acquisition (a "Permitted Acquisition"); provided; however, that in the case of each such Permitted Acquisition, (i) the Borrower making such Permitted Acquisition is the surviving entity, (ii) the business to be acquired is predominantly in such Borrower's existing lines of business or businesses reasonably related thereto and located predominantly in the United States, (iii) the Borrower shall have obtained the prior written consent of the Required Lenders for any Permitted Acquisition, the cash portion of which total consideration exceeds $5,000,000, (iv) the cash portion of any Permitted Acquisition may not exceed $10,000,000, (v) the business to be acquired has achieved net income before interest and taxes of not less than One Dollar ($1.00) for the immediately preceding fiscal year, (vi) at the time of, and after giving effect to, any Permitted Acquisition, (x) no Default or Event of Default has occurred an is continuing and (y) Newco, on a consolidated basis, shall be in compliance with all of the financial covenants contained in Section 6 of this Agreement and the Borrowers shall provide evidence of such compliance on a pro forma basis in the case of a Permitted Acquisition, and (vii) each new Subsidiary of the Borrower acquired through a Permitted Acquisition shall become a Guarantor under this Agreement. For purposes of this Section 6.16, "cash portion" shall mean the sum of (x) the amount in Dollars actually paid by such Borrower upon the closing of the Permitted Acquisition and (y) the aggregate amount of Indebtedness assumed by such Borrower in connection with the Permitted Acquisition.
Limitation on Acquisitions. The Borrower shall not acquire any asset other than (a) by participating in the primary origination thereof, (b) in connection with the exercise of any remedies in relation to an asset already owned by the Borrower or (c) pursuant to the Sale Agreement.
Limitation on Acquisitions. Purchase, lease or otherwise acquire (in a single transaction or a series of related transactions) all or any substantial amount of the property or assets (including, without limitation, Capital Stock) of any Person except for Permitted Acquisitions.
Limitation on Acquisitions. Except for any Permitted Acquisition and the acquisition of land, lots and houses in the ordinary course of business to the extent not otherwise prohibited hereunder, enter into any Acquisition without the prior written consent of the Required Lenders.
Limitation on Acquisitions. Except for the acquisition of land, lots and houses in the ordinary course of business to the extent not otherwise prohibited hereunder, acquire all or any material part of the business or assets of, any Person without the prior written consent of the Required Banks.
Limitation on Acquisitions. Each of the Parties hereby covenants and agrees with the other Party that it will not acquire, nor will it permit any Affiliate to acquire, any Mineral Rights or Surface Rights located wholly or in part within the Area of Interest unless such Mineral Rights or Surface Rights are made subject to the terms of this Agreement and the acquiring Party (or, if an Affiliate of a Party has completed the acquisition, then such Party, in either case in this Article referred to as the "Acquiring Party") complies with the provisions of this Article.
Limitation on Acquisitions. 21. Restriction on any amendment of the Joint Venture documents that is materially adverse to the Lenders. 22. Collateral matters.
Limitation on Acquisitions. Prior to the Effective Time Parent shall not, and shall cause its Subsidiaries not to, acquire or agree to acquire any Person (other than PAS) if such acquisition would reasonably be expected to prevent, hinder or delay the consummation of the transactions contemplated by this Agreement or to make it more difficult, or to increase the time required, to obtain the expiration or termination of the waiting period under the HSR Act or any other applicable Competition Laws applicable to the transactions contemplated by this Agreement.
Limitation on Acquisitions. Purchase or otherwise acquire, or permit any of its Subsidiaries to purchase or otherwise acquire, any assets of any other Person.
Limitation on Acquisitions. The Company will not and will not permit any of its Subsidiaries to enter into any agreement, contract, binding commitment or other arrangement providing for any Acquisition, or take any action to solicit the tender of securities or proxies in respect thereof in order to effect any Acquisition, other than Permitted Acquisitions.
