No Impairment of Upstreaming Sample Clauses

No Impairment of Upstreaming. No Credit Party shall directly or indirectly enter into or become bound by any agreement, instrument, indenture or other obligation (other than this Agreement and the other Loan Documents) which could directly or indirectly restrict, prohibit or require the consent of any Person with respect to the payment of dividends or distributions or the making of intercompany loans by a Subsidiary of First Intermediate Parent (other than a Subsidiary which is not wholly owned and which is not a Credit Party) to any other Subsidiary of First Intermediate Parent.
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No Impairment of Upstreaming. Borrower shall not, nor shall Borrower permit or cause any of its Subsidiaries to, directly or indirectly, enter into or become bound by any agreement, instrument, indenture or other obligation which could directly or indirectly restrict, prohibit or require the consent of any Person with respect to the payment of dividends or distributions or the making of Intercompany Loans by any Subsidiary to Borrower.
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No Impairment of Upstreaming. Except to the extent that an Insurance Subsidiary is regulated by an Insurance Regulatory Authority, neither Borrower, nor Kingsway America nor any of their Subsidiaries shall directly or indirectly enter into, assume or be bound by any agreement or instrument that restricts or limits the ability of the Borrowers, Kingsway America or any of their Subsidiaries to make dividend payments or other distributions in respect of its capital stock, to repay indebtedness owed to a Borrower, Kingsway America or any of their Subsidiaries, to make loans or advances to a Borrower, Kingsway America or any of their Subsidiaries, or to transfer any of its assets or properties to a Borrower, Kingsway America or any of their Subsidiaries, in each case other than such restrictions or encumbrances existing under or by reason of the Loan Documents.
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No Impairment of Upstreaming. Except to the extent required by Applicable Law, OSFI or any other Governmental Authority, neither the Borrower nor any of its Subsidiaries shall directly or indirectly enter into, assume or be bound by any agreement or instrument that restricts or limits the ability of any of the Borrower’s Subsidiaries to make dividend payments or other distributions in respect of its capital stock, to repay obligations owed to the Borrower or any of its other Subsidiaries, to make loans or advances to the Borrower or any of its other Subsidiaries, or to transfer any of its assets or properties to the Borrower or any of its other Subsidiaries, in each case other than such restrictions or encumbrances existing under or by reason of this Agreement, the Revolving Credit Agreement, the US Term Loan Agreement, the Target Public Debt or the Target RT1 Notes.
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No Impairment of Upstreaming. Except in connection with any current asset financing by a Foreign Subsidiary permitted by and made in accordance with Section 1.2(b), Borrower shall not, and shall not cause or permit any Subsidiary to, directly or indirectly, enter into or become bound by any agreement, instrument, indenture or other obligation which could directly or indirectly restrict, prohibit or require the consent of any Person with respect to the payment of dividends or distributions or the making of Intercompany Loans by any Subsidiary to Borrower.
Sample 1
No Impairment of Upstreaming. Neither Borrower shall, or shall cause or permit any Subsidiary to, directly or indirectly, enter into, assume or become bound by any agreement, instrument, indenture or other obligation (other than this Agreement, the other Loan Documents and the NOW Canada Credit Agreement) which could directly or indirectly restrict, prohibit or require the consent of any Person with respect to the payment of dividends or distributions or the making of intercompany loans by a Subsidiary of either Borrower to either Borrower or between Borrowers.
Sample 1
No Impairment of Upstreaming it will not, nor will it allow or suffer any of the other Credit Parties to, directly or indirectly, enter into, assume or be bound by any agreement, instrument, indenture or other obligation (other than any Operative Document) which could directly or indirectly restrict, prohibit or require the consent of any Person with respect to the payment of dividends or other Distributions or the making of intercompany loans by any such Credit Party to the Borrowers;
Sample 1
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No Impairment of Upstreaming. Except to the extent that an Insurance Subsidiary is regulated by an Insurance Regulatory Authority, neither Borrower, nor the Guarantor nor any Subsidiary shall directly or indirectly enter into, assume or be bound by any agreement or instrument that restricts or limits the ability of the Borrowers, the Guarantor or any Subsidiary to make dividend payments or other distribution in respect of its capital stock, to repay indebtedness owed to a Borrower, the Guarantor or any other Subsidiary, to make loans or advances to a Borrower, the Guarantor or any Subsidiary, or to transfer any of its assets or properties to a Borrower, the Guarantor or any Subsidiary, in each case other than such restrictions or encumbrances existing under or by reason of the Loan Documents.
Sample 1

Related to No Impairment of Upstreaming

  • No Impairment of Rights The Company will not, by amendment of its Charter or through any other means, avoid or seek to avoid the observance or performance of any of the terms of this Warrant, but will at all times in good faith assist in the carrying out of all such terms and in the taking of all such action as may be necessary or appropriate in order to protect the rights of the holder of this Warrant against impairment.

  • No Impairment The Company will not, by amendment of its Charter or through any reorganization, transfer of assets, consolidation, merger, dissolution, issue or sale of securities or any other voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all the provisions of this Warrant and in taking of all such action as may be necessary or appropriate in order to protect the rights of the Warrantholder.

  • No Impairment of Subordination No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof which any such holder may have or otherwise be charged with.

  • No Impairment of Intercompany Transfers No Credit Party shall directly or indirectly enter into or become bound by any agreement, instrument, indenture or other obligation (other than this Agreement and the other Loan Documents) that could directly or indirectly restrict, prohibit or require the consent of any Person with respect to the payment of dividends or distributions or the making or repayment of intercompany loans by a Subsidiary of any Borrower to any Borrower or between Borrowers.

  • Impairment of Rights The Trust shall not take any action, or fail to take any action, if such action or failure to take action may interfere with the enforcement of any rights under the Transaction Documents that are material to the rights, benefits or obligations of the Indenture Trustee, the Noteholders or Financial Security.

  • Non-Impairment The failure to endorse a Guarantee on any Note shall not affect or impair the validity thereof.

  • No Violation of Third-Party Rights Executive represents, warrants and covenants that he:

  • No Implied Licenses; Negative Covenant Except as set forth in this Agreement, neither Party shall acquire any license or other intellectual property interest, by implication or otherwise, under or to any Patents, Know-How or other intellectual property owned or controlled by the other Party. Neither Party shall, nor shall it permit any of its Affiliates or sublicensees to, practice any Patents or Know-How licensed to it by the other Party outside the scope of the licenses granted to it under this Agreement.

  • Impairment of Collateral Not use any material portion of the Collateral, or permit the same to be used, for any unlawful purpose, in any manner that is reasonably likely to materially adversely impair the value or usefulness of the Collateral, or in any manner inconsistent with the provisions or requirements of any policy of insurance thereon nor affix or install any accessories, equipment, or device on the Collateral or on any component thereof if such addition will materially impair the original intended function or use of the Collateral or such component.

  • Preservation of Existence and Similar Matters Except as otherwise permitted under Section 9.4., the Borrower shall, and shall cause each other Loan Party and each other Subsidiary to, preserve and maintain its respective existence, rights, franchises, licenses and privileges in the jurisdiction of its incorporation or formation and qualify and remain qualified and authorized to do business in each jurisdiction in which the character of its properties or the nature of its business requires such qualification and authorization and where the failure to be so authorized and qualified could reasonably be expected to have a Material Adverse Effect.

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