Limitations on Restrictive Agreements. Borrower will not, and it will not cause or permit any Subsidiary to, enter into, or permit to exist, any agreement with any Person which prohibits or limits the ability of Borrower or such Subsidiary, as the case may be, to (a) pay dividends or make other distributions or prepay any Indebtedness owed to Borrower and/or any Subsidiary, (b) make loans or advances to Borrower and/or any Subsidiary, (c) transfer any of its properties or assets to Borrower and/or any Subsidiary (other than with respect to assets subject to Liens permitted by clause (g) of the definition of Permitted Liens) or (d) create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired (other than with respect to assets subject to Liens permitted by clause (g) of the definition of Permitted Liens); provided that the foregoing shall not apply to restrictions in effect on the date of this Agreement contained in agreements governing Debt outstanding on the date of this Agreement and listed on Schedule 5.02(p) attached hereto and, if such Debt is renewed, extended or refinanced, restrictions in the agreements governing the renewed, extended or refinanced Debt (and successive renewals, extensions and refinancings thereof) if such restrictions are no more restrictive in any material respect than those contained in the agreements governing the Debt being renewed, extended or refinanced.
Limitations on Restrictive Agreements. The Borrower will not, and it will not cause or permit any Subsidiary to, enter into, or permit to exist, any agreement with any Person which prohibits the Borrower or such Subsidiary, as the case may be, from performing its contractual obligations under this Agreement.
Limitations on Restrictive Agreements. Borrower will not, and it will not cause or permit any of its Subsidiaries to, enter into, or suffer to exist, any agreement with any Person which prohibits or limits the ability of any Subsidiary to (a) pay dividends or make other distributions or prepay any Indebtedness owed to Borrower or any other Subsidiary, (b) make loans or advances to Borrower or any other Subsidiary, (c) transfer any of its properties or assets to Borrower or any other Subsidiary (other than with respect to assets subject to Liens permitted by clause (f) of the definition of Permitted Liens) or (d) create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired (other than with respect to assets subject to Liens permitted by clause (f) of the definition of Permitted Liens); provided that the foregoing shall not apply to (i) restrictions in effect on the date of this Agreement contained in agreements governing Debt outstanding on the date of this Agreement and listed on Schedule 6.02(n) attached hereto and, if such Debt is renewed, extended or refinanced, restrictions in the agreements governing the renewed, extended or refinanced Debt (and successive renewals, extensions and refinancings thereof) if such restrictions are no more restrictive than those contained in the agreements governing the Debt being renewed, extended or refinanced or (ii) restrictions contained in agreements governing Debt incurred after the date of this Agreement by Borrower or any Subsidiary in compliance with this Agreement provided that such restrictions are no more restrictive than those contained in this Agreement (without giving effect to any amendment or modification thereof in violation of Section 6.02(o) hereof).
Limitations on Restrictive Agreements. No Lessee Party shall, or shall permit any of its Restricted Subsidiaries to, directly or indirectly, create or otherwise cause or suffer to exist any consensual encumbrance or consensual restriction which prohibits or limits the ability of:
(i) any Lessee Party or Restricted Subsidiary to pay dividends or make any other distributions to BLI or any Restricted Subsidiary (1) on its Equity Interests; or (2) with respect to any other interest or participation in, or measured by, its profits;
(ii) any Lessee Party or Restricted Subsidiary to make loans or advances to BLI or any Restricted Subsidiary that is a direct or indirect parent of such Subsidiary;
(iii) the Lessee to create, incur or permit to exist any Lien in favor of the Administrative Agent or the Collateral Agent upon the Lessee Collateral or the Leased Property; except in each case for such encumbrances or restrictions existing under or by reason of:
(1) (A) contractual encumbrances or restrictions in effect on September 21, 2022 and, with respect to any such encumbrances in described in Section 5.3(c)(iii) which are in a Material Agreement, as set forth on Schedule 5.3(c) and (B) contractual encumbrances or restrictions pursuant to this Agreement, the other Operative Documents, and, in each case, similar contractual encumbrances effected by any amendments, modifications, restatements, renewals, supplements, refundings, replacements or refinancings of such agreements or instruments;
(2) (A) this Agreement, (B) the Credit Agreement (except in respect of Section 5.3(c)(iii) above, as amended, modified, supplemented, restated or refinanced from time to time), (C) if applicable, an Other Secured Debt Loan Agreement and the other relevant Other Secured Debt Documents, and (D) if applicable, any ABL Intercreditor Agreement;
(3) Applicable Law or any applicable rule, regulation or order;
(4) any agreement or other instrument of a Person acquired by a Lessee Party or any Restricted Subsidiary which was in existence at the time of such acquisition
Limitations on Restrictive Agreements. Except for the Parent Loan Agreement, Borrower will not, and it will not cause or permit any Subsidiary to, enter into, or permit to exist, any agreement with any Person which prohibits Borrower or such Subsidiary, as the case may be, from performing its contractual obligations under this Agreement; nor enter into any agreement with any Person that would prohibit Borrower or any Subsidiary from creating, incurring, or assuming any Lien in favor of the interests of the Administrative Agent and Banks under this Agreement upon any of its property or revenues whether now owned or hereafter acquired; provided that any agreement between Borrower and a lender which results in the creation of a Permitted Lien may prohibit the creation, incurrence or assumption of Liens in favor of the interests of the Administrative Agent and Banks solely with respect to the assets subject to the Permitted Lien.
Limitations on Restrictive Agreements. 129 SECTION 6.04 Sale of Equity Interests and Assets ....................................................... 131 SECTION 6.05 Affiliate Transactions ........................................................................... 135 SECTION 6.06 Amendments of Certain Documents; Line of Business ........................ 137 SECTION 6.07 Liens ..................................................................................................... 137 SECTION 6.08 Mergers, Amalgamations, Fundamental Changes, Etc ......................... 137 SECTION 6.09 Sanctions; Anti-Terrorism Laws ........................................................... 139 SECTION 6.10 Restrictions on Certain Subsidiaries ..................................................... 139 SECTION 6.11 Canadian Pension Plans ........................................................................ 139 SECTION 6.12 Consolidated Fixed Charge Coverage Ratio ......................................... 139 ARTICLE VII.
Limitations on Restrictive Agreements. Borrower will not, and it will not cause or permit any Subsidiary to, enter into, or permit to exist, any agreement with any Person which prohibits or limits the ability of Borrower or such Subsidiary, as the case may be, to (a) make loans or advances to Borrower and/or any Subsidiary, (b) transfer any of its properties or assets to Borrower and/or any Subsidiary or (c) create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, whether now owned or hereafter acquired; provided that the foregoing shall not apply to restrictions in effect on the date of this Agreement contained in agreements governing Debt outstanding on the date of this Agreement and listed on Schedule 5.02(n) attached hereto and, if such Debt is renewed, extended or refinanced, restrictions in the agreements governing the renewed, extended or refinanced Debt (and successive renewals, extensions and refinancings thereof) if such restrictions are no more restrictive in any material respect than those contained in the agreements governing the Debt being renewed, extended or refinanced.
Limitations on Restrictive Agreements. Neither the Borrower nor any of its Subsidiaries shall enter into, or suffer to exist, any agreement (other than the Note Agreements) with any Person which, directly or indirectly, prohibits or limits the ability of any Subsidiary to (i) pay dividends or make other distributions to the Borrower or prepay any Indebtedness owed to Borrower or (ii) transfer any of its properties or assets to the Borrower (other than with respect to assets subject to Liens permitted by Section 6.3(C)).
Limitations on Restrictive Agreements. The Issuer covenants that it will not, and will not permit any Subsidiary to, enter into, or suffer to exist, any agreement with any Person which, directly or indirectly, prohibits or limits the ability of any Subsidiary to (a) pay dividends or make other distributions to the Issuer or prepay any Debt owed to the Issuer or (b) transfer any of its properties or assets to the Issuer (other than with respect to assets subject to Liens permitted by Section 10.3).
Limitations on Restrictive Agreements. (i) Enter into any agreement with any person other than the Agent and the Banks pursuant hereto and other than the holders of the Senior Notes pursuant to the Senior Note Documents which prohibits or limits the ability of any Borrower to create, incur, assume or suffer to exist any Lien upon any of its assets, rights, revenues or property, real, personal or mixed, tangible or intangible, whether now owned or hereafter acquired;
(ii) enter into, or suffer to exist, any agreement with any Person which in any way restricts or limits the ability of the Company to amend, modify, supplement or otherwise alter the terms applicable to the Bank Obligations or this Agreement; or
(iii) enter into, or suffer to exist, any agreement with any Person which in any way restricts or limits the ability of any Subsidiary to (x) pay dividends or make other distributions to the Company or prepay any Indebtedness owed to the Company or (y) transfer any of its property or assets to the Company.
