Common use of Limitation on Activities of the Co-Issuer Clause in Contracts

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.

Appears in 1 contract

Samples: Indenture (JBS USA Holdings, Inc.)

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Limitation on Activities of the Co-Issuer. The Co-Issuer may not hold any material assets, become liable for any material obligations, engage en- gage in any trade or business, or conduct any business activity, other than (1) the issuance of its Equity Interests Capital Stock to the Company or any Wholly Owned wholly owned Restricted Subsidiary of the Company, (2) the Incurrence incurrence of Debt Indebtedness as a co-obligor or guarantor, as the case may be, of the Notes, the Credit Facilities Notes and any other Debt Indebtedness that is permitted to be Incurred incurred by the Company under Section 4.084.06; provided that the proceeds Net Cash Proceeds of such Debt Indebtedness are not retained by the Co-Issuer, and (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 transaction with the Co-Issuer in violation of the immediately preceding sentence.

Appears in 1 contract

Samples: Indenture (Alignvest Acquisition Corp)

Limitation on Activities of the Co-Issuer. The Co-Issuer may not hold any material assets, become liable for any material obligations, make any Investments, acquisitions or Restricted Payments, engage in any trade or business, or conduct any business activity, other than (1) the issuance of its Equity Interests Capital Stock to the Company or any Wholly Owned Restricted Subsidiary of the Company, (2) the Incurrence incurrence of Debt Indebtedness as a co-obligor or guarantor, as the case may be, of the Notes, the Credit Facilities Notes and any other Debt Indebtedness that is permitted to be Incurred incurred by the Company under Section 4.084.06; provided that the proceeds Net Cash Proceeds of such Debt Indebtedness are not retained by the Co-Issuer, and (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 None of the Guarantors, the Company nor or any of its Restricted Subsidiary Subsidiaries shall engage in any transactions transaction with the Co-Issuer in violation of the immediately preceding sentence.

Appears in 1 contract

Samples: Indenture (Trilogy International Partners Inc.)

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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 Capital Stock to the Company or any Wholly Owned Restricted Subsidiary of the Company, (2) the Incurrence incurrence of Debt Indebtedness as a co-obligor or guarantor, as the case may be, of the Notes, the Credit Facilities Notes and any other Debt Indebtedness that is permitted to be Incurred incurred by the Company under Section 4.084.06; provided that the proceeds Net Cash Proceeds of such Debt Indebtedness are not retained by the Co-Issuer, and (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 transaction with the Co-Issuer in violation of the immediately preceding sentence.

Appears in 1 contract

Samples: Indenture (Trilogy International Partners Inc.)

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