Common use of Limitation on Restricted Actions Clause in Contracts

Limitation on Restricted Actions. The Credit Parties will not permit any Consolidated Party to, directly or indirectly, create or otherwise cause, incur, assume, suffer or permit to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Person to (a) in the case of any Subsidiary Guarantors, pay dividends or make any other distribution on any of such Person's Capital Stock other than pursuant to the indenture for the Senior Subordinated Notes, (b) pay any Indebtedness owed to the Credit Parties, (c) make loans or advances to any other Credit Party or (d) transfer any of its property to any other Credit Party, except for encumbrances or restrictions existing under or by reason of (i) customary non-assignment provisions in any lease governing a leasehold interest, (ii) any agreement or other instrument of a Person existing at the time it becomes a Subsidiary of a Credit Party; provided that such encumbrance -------- or restriction is not applicable to any other Person, or any property of any other Person, other than such Person becoming a Subsidiary of a Credit Party and was not entered into in contemplation of such Person becoming a Subsidiary of a Credit Party, (iii) customary provisions contained in purchase money financing arrangements permitted by Section 8.1(c) and (iv) this Credit Agreement and the other Credit Documents.

Appears in 1 contract

Samples: Credit Agreement (National Equipment Services Inc)

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Limitation on Restricted Actions. The Credit Parties It will not, and will not permit any Consolidated Party of the Material Subsidiaries (other than a Receivables Financing SPC in connection with a Permitted Receivables Financing) to, directly or indirectly, create or otherwise cause, incur, assume, suffer or permit to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Person to (ai) in the case of any Subsidiary Guarantors, pay dividends or make any other distribution on any of such Person's Capital Stock other than pursuant to the indenture for the Senior Subordinated Notescapital stock, (bii) pay any Indebtedness owed to the Company or any other Credit PartiesParty, (ciii) make loans or advances to any other Credit Party or (div) transfer any of its property to any other Credit Party, except for encumbrances or restrictions existing under or by reason of (iA) customary non-assignment nonassignment or net worth provisions in any lease governing a leasehold interest, (iiB) any agreement or other instrument of a Person existing at the time it becomes a Subsidiary of a Credit Partythe Borrower; provided that such encumbrance -------- or restriction is not applicable to any other Person, or any property of any other Person, other than such Person becoming a Subsidiary of a Credit Party the Borrower and was not entered into in contemplation of such Person becoming a Subsidiary of a Credit Partythe Borrower, (iii) customary provisions contained in purchase money financing arrangements permitted by Section 8.1(c) and (ivC) this Agreement and the Notes and the other Credit Documents and the Credit Agreement and the other Credit DocumentsDocuments (as defined in the Credit Agreement).

Appears in 1 contract

Samples: Note Purchase Agreement (Athens Holdings Inc)

Limitation on Restricted Actions. The Credit Parties It will not, and will not permit any Consolidated Party of the Subsidiaries (other than a Receivables Financing SPC in connection with a Permitted Receivables Financing) to, directly or indirectly, create or otherwise cause, incur, assume, suffer or permit to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Person to (ai) in the case of any Subsidiary Guarantors, pay dividends or make any other distribution on any of such Person's Capital Stock other than pursuant to the indenture for the Senior Subordinated Notescapital stock, (bii) pay any Indebtedness owed to the Company or any other Credit PartiesParty, (ciii) make loans or advances to any other Credit Party or (div) transfer any of its property to any other Credit Party, except for encumbrances or restrictions existing under or by reason of (iA) customary non-assignment or net worth provisions in any lease governing a leasehold interest, (iiB) any agreement or other instrument of a Person existing at the time it becomes a Subsidiary of a Credit Partythe Company; provided that such encumbrance -------- or restriction is not applicable to any other Person, or any property of any other Person, other than such Person becoming a Subsidiary of a Credit Party the Company and was not entered into in contemplation of such Person becoming a Subsidiary of a Credit Partythe Company, (iii) customary provisions contained in purchase money financing arrangements permitted by Section 8.1(c) and (ivC) this Credit Agreement and the other Credit Documents, (D) the 2007 High Yield Note Indenture, (E) the 2029 High Yield Note Indenture, (F) the indenture governing the Company's 6.60% Senior Notes due 2027 and (G) applicable Requirements of Law.

Appears in 1 contract

Samples: Credit Agreement (Hercules Inc)

Limitation on Restricted Actions. The Credit Parties It will not, and will not permit any Consolidated Party of the Material Subsidiaries (other than a Receivables Financing SPC in connection with a Permitted Receivables Financing) to, directly or indirectly, create or otherwise cause, incur, assume, suffer or permit to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Person to (ai) in the case of any Subsidiary Guarantors, pay dividends or make any other distribution on any of such Person's Capital Stock other than pursuant to the indenture for the Senior Subordinated Notescapital stock, (bii) pay any Indebtedness owed to the Company or any other Credit PartiesParty, (ciii) make loans or advances to any other Credit Party or (div) transfer any of its property to any other Credit Party, except for encumbrances or restrictions existing under or by reason of (iA) customary non-assignment or net worth provisions in any lease governing a leasehold interest, (iiB) any agreement or other instrument of a Person existing at the time it becomes a Subsidiary of a Credit Partythe Borrower; provided that such encumbrance -------- or restriction is not applicable to any other Person, or any property of any other Person, other than such Person becoming a Subsidiary of a Credit Party the Borrower and was not entered into in contemplation of such Person becoming a Subsidiary of a Credit Partythe Borrower, (iii) customary provisions contained in purchase money financing arrangements permitted by Section 8.1(c) and (ivC) this Amended and Restated Credit Agreement and the other Credit Documents and (D) the Prudential Documents.

Appears in 1 contract

Samples: Credit Agreement (Hercules Inc)

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Limitation on Restricted Actions. The Credit Parties It will not, and will not permit any Consolidated Party of the Subsidiaries (other than a Receivables Financing SPC in connection with a Permitted Receivables Financing) to, directly or indirectly, create or otherwise cause, incur, assume, suffer or permit to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Person to (ai) in the case of any Subsidiary Guarantors, pay dividends or make any other distribution on any of such Person's Capital Stock other than pursuant to the indenture for the Senior Subordinated Notescapital stock, (bii) pay any Indebtedness owed to the Company or any other Credit PartiesParty, (ciii) make loans or advances to any other Credit Party or (div) transfer any of its property to any other Credit Party, except for encumbrances or restrictions existing under or by reason of (iA) customary non-assignment or net worth provisions in any lease governing a leasehold interest, (iiB) any agreement or other instrument of a Person existing at the time it becomes a Subsidiary of a Credit Partythe Company; provided that such encumbrance -------- or restriction is not applicable to any other Person, or any property of any other Person, other than such Person becoming a Subsidiary of a Credit Party the Company and was not entered into in contemplation of such Person becoming a Subsidiary of a Credit Partythe Company, (iii) customary provisions contained in purchase money financing arrangements permitted by Section 8.1(c) and (ivC) this Credit Agreement and the other Credit Documents, (D) the High Yield Note Indenture, (E) the Senior Notes and (F) applicable Requirements of Law.

Appears in 1 contract

Samples: Credit Agreement (Hercules Inc)

Limitation on Restricted Actions. The Credit Parties It will not, and will not permit any Consolidated Party of the Subsidiaries (other than a Receivables Financing SPC in connection with a Permitted Receivables Financing) to, directly or indirectly, create or otherwise cause, incur, assume, suffer or permit to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any such Person to (ai) in the case of any Subsidiary Guarantors, pay dividends or make any other distribution on any of such Person's Capital Stock other than pursuant to the indenture for the Senior Subordinated Notescapital stock, (bii) pay any Indebtedness owed to the Company or any other Credit PartiesParty, (ciii) make loans or advances to any other Credit Party or (div) transfer any of its property to any other Credit Party, except for encumbrances or restrictions existing under or by reason of (iA) customary non-assignment or net worth provisions in any lease governing a leasehold interest, (iiB) any agreement or other instrument of a Person existing at the time it becomes a Subsidiary of a Credit Party; the Borrower, provided that such encumbrance -------- or restriction is not applicable to any other 13 Person, or any property of any other Person, other than such Person becoming a Subsidiary of a Credit Party the Borrower and was not entered into in contemplation of such Person becoming a Subsidiary of a Credit Partythe Borrower, (iii) customary provisions contained in purchase money financing arrangements permitted by Section 8.1(c) and (ivC) this Agreement and the Notes, (D) the other Credit Documents and the Credit Agreement and the other Credit DocumentsDocuments (as defined in the Credit Agreement), (E) the Senior Note Indenture and (F) the Bridge Note Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Athens Holdings Inc)

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