Limitation on Activities of the Co-Issuer. The Co-Issuer may not hold any material assets, become liable for any material obligations, engage in any trade or business, or conduct any business activity, other than (1) the issuance of its Equity Interests to the Issuer or any Wholly-Owned Restricted Subsidiary of the Issuer, (2) the incurrence of Indebtedness as a co-obligor or guarantor, as the case may be, of the Notes, the Senior Credit Facilities and any other Indebtedness that is permitted to be incurred by the Issuer under Section 1011; provided that the net proceeds of such Indebtedness are not retained by the Co-Issuer, and (3) activities incidental thereto. Neither the Issuer nor any Restricted Subsidiary shall engage in any transactions with the Co-Issuer in violation of the immediately preceding sentence.
Limitation on Activities of the Co-Issuer. The Co-Issuer shall not hold any material assets, be liable for any material obligations or engage in any significant business activities; provided that the Co-Issuer may be a co-obligor with respect to Indebtedness if the Issuer is a primary obligor of such Indebtedness, the net proceeds of such Indebtedness are received by the Issuer and such Indebtedness is incurred in compliance with Section 4.09.
Limitation on Activities of the Co-Issuer. The Co-Issuer may not hold any material assets, become liable for any material obligations, en- gage in any trade or business, or conduct any business activity, other than (1) the issuance of its Capital Stock to the Company or any wholly owned Restricted Subsidiary of the Company, (2) the incurrence of Indebtedness as a co-obligor or guarantor, as the case may be, of the Notes and any other Indebtedness that is permitted to be incurred by the Company under Section 4.06; provided that the Net Cash Proceeds of such Indebtedness are not retained by the Co-Issuer, and (3) activities incidental thereto. Neither the Company nor any Restricted Subsidiary shall engage in any transaction with the Co-Issuer in violation of the immediately preceding sentence. ARTICLE FIVE SUCCESSOR CORPORATION
Limitation on Activities of the Co-Issuer. The Co-Issuer may not hold any material assets, become liable for any material obligations, engage in 104 any trade or business, or conduct any business activity, other than (1) the issuance of its Equity Interests to the Issuer or any Wholly Owned Restricted Subsidiary of the Issuer, (2) the incurrence of Indebtedness as a co-obligor or guarantor, as the case may be, of the Notes, the ABL Facility and any other indebtedness of the Issuer or any Subsidiary Guarantor that is permitted to be incurred under Section 3.2 together with the execution and delivery and performance of its obligations under all Security Documents, collateral control agreements, and the Intercreditor Agreements related thereto; provided that the net proceeds of such Indebtedness are not retained by the Co-Issuer, and (3) activities incidental thereto. At any time when the Issuer or a Surviving Person is a corporation, the Co-Issuer may consolidate or merge with or into the Issuer or any Restricted Subsidiary.
Limitation on Activities of the Co-Issuer. The Co-Issuer may not hold any material assets, become liable for any material obligations, engage in any trade or business or conduct any business activity, other than (1) the issuance of its Capital Stock to the Issuer or any Wholly-Owned Subsidiary of the Company, (2) the incurrence of Indebtedness as a co-obligor or guarantor, as the case may be, of the Notes or other Indebtedness of the Issuer or the Guarantors; provided that the net proceeds thereof may not be retained by the Co-Issuer, and (3) activities incidental thereto.
Limitation on Activities of the Co-Issuer. The Co-Issuer may not hold any material assets, become liable for any material obliga- tions, engage in any trade or business, or conduct any business activity, other than (1) the issuance of its Equity Interests to the Company or any Wholly-Owned Subsidiary of the Company that is a Restricted Subsidiary, (2) the incurrence of Indebtedness as a co-obligor or guarantor, as the case may be, of the Notes, the Credit Facilities and any other Indebtedness of the Company or any Guarantor that is permitted to be incurred under Section 4.09, together with the execution and delivery and performance of its obliga- tions under all security documents, collateral control agreements, and intermediary agreements related thereto; provided that the net proceeds of such Indebtedness are not retained by the Co-Issuer, and (3) ac- tivities incidental thereto.
Limitation on Activities of the Co-Issuer. The Co-Issuer may not hold any material assets, become liable for any material obligations, engage in any trade or business, or conduct any business activity, other than (1) the issuance of its Equity Interests to the Company or any Wholly Owned Restricted Subsidiary of the Company, (2) the Incurrence of Debt as a co-obligor or guarantor, as the case may be, of the Notes, the Credit Facilities and any other Debt that is permitted to be Incurred by the Company under Section 4.08; provided that the proceeds of such Debt are not retained by the Co-Issuer, (3) prior to the Fall-Away Event, the making of intercompany loans and advances permitted by clause (15) of the definition of “Permitted Investments” and (4) activities incidental thereto. Neither the Company nor any Restricted Subsidiary shall engage in any transactions with the Co-Issuer in violation of the immediately preceding sentence.
Limitation on Activities of the Co-Issuer. The Co-Issuer may not hold any material assets, become liable for any material obligations, engage in any trade or business, or conduct any business activity other than the issuance of Capital Stock to the Company or any Wholly Owned Restricted Subsidiary of the Company, the incurrence of Indebtedness as a co-obligor of the Notes, the Exchange Notes, if any, and any other Indebtedness that is permitted to be incurred by the Company under Section 4.9 hereof; provided that the net proceeds of such Indebtedness are retained by the Company or loaned to or contributed as capital to one or more of the Restricted Subsidiaries other than the Co-Issuer, and activities incidental thereto.
