Common use of Limitations on Restrictive Agreements Clause in Contracts

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.

Appears in 2 contracts

Samples: Loan Agreement (Schiff Nutrition International, Inc.), Loan Agreement (Schiff Nutrition International, Inc.)

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Limitations on Restrictive Agreements. Borrower The Issuer 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 the Issuer or such Subsidiary, as the case may be, to (a) pay dividends or make loans other distributions or advances prepay any Debt owed to Borrower the Issuer and/or any Subsidiary, (b) make loans or advances to the Issuer and/or any Subsidiary, (c) transfer any of its properties or assets Properties to Borrower the Issuer and/or any Subsidiary or (cd) create, incur, assume or suffer to exist any Lien upon any of its property, assets or revenues, Property whether now owned or hereafter acquiredacquired other than a Permitted Lien; provided that the foregoing shall not apply to restrictions in effect on the date of this Agreement Initial Closing Date contained in this Agreement, the Senior Bank Documents and agreements governing Debt outstanding on the date of this Agreement Initial Closing Date and listed on Schedule 5.02(n) 12.1 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.

Appears in 1 contract

Samples: Securities Purchase Agreement (Aerocentury Corp)

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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, (bc) transfer any of its properties or assets Properties to Borrower and/or any Subsidiary (other than with respect to Property subject to Permitted Liens) or (cd) create, incur, assume or suffer to exist any Lien upon any of its property, assets Property or revenues, whether now owned or hereafter acquiredacquired (other than with respect to Property subject to 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(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.

Appears in 1 contract

Samples: Loan Agreement (Hennessy Advisors Inc)

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