Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted Investments; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 13 contracts
Samples: Credit and Security Agreement (Mohawk Group Holdings, Inc.), Credit and Security Agreement (Celadon Group Inc), Credit and Security Agreement (Mohawk Group Holdings, Inc.)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted InvestmentsBusiness; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 3 contracts
Samples: Credit Agreement (Alphatec Holdings, Inc.), Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.), Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire acquire, make or own or enter into any agreement to acquire, make or own any Investment other than Permitted Investments, (b) make any Acquisition other than a Permitted Acquisition, or (c) except as provided in clauses (a) and (b), acquire any assets other than in the Ordinary Course of Business Business. Without limiting the foregoing, no Borrower shall, nor will any Borrower permit any Subsidiary to, purchase or as permitted under clause (h) of the definition of Permitted Investments; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investmentscarry Margin Stock.
Appears in 2 contracts
Samples: Credit and Security Agreement (Revolving Loan) (Radius Health, Inc.), Credit and Security Agreement (Term Loan) (Radius Health, Inc.)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) without limiting clause (c) below, acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted Investments; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than a Permitted InvestmentsInvestment.
Appears in 2 contracts
Samples: Credit and Security Agreement (Term Loan) (Novadaq Technologies Inc), Credit and Security Agreement (Revolving Loan) (Novadaq Technologies Inc)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) without limiting clause (c) below, acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted Investments; (b) engage or enter into any agreement to engage in any joint venture or statutory or common law partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 2 contracts
Samples: Credit and Security Agreement (Aptevo Therapeutics Inc.), Credit and Security Agreement (Aptevo Therapeutics Inc.)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly indirectly:
(a) acquire or enter into any agreement to acquire any assets other than (i) Permitted Acquisitions or (ii) in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted Investments; or
(b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 2 contracts
Samples: Credit and Security Agreement (EndoChoice Holdings, Inc.), Credit and Security Agreement (Term Loan) (EndoChoice Holdings, Inc.)
Purchase of Assets, Investments. No Other than Permitted Investments, no Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted InvestmentsBusiness; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted InvestmentsPerson.
Appears in 2 contracts
Samples: Credit and Security Agreement (Ellipse Technologies Inc), Credit and Security Agreement (Ellipse Technologies Inc)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into own any agreement to Investment other than Permitted Investments, (b) make any Acquisition other than Permitted Acquisitions, or (c) without limiting clauses (a) or (b), acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted Investments; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted InvestmentsBusiness.
Appears in 2 contracts
Samples: Credit and Security Agreement (Revolving Loan) (Invuity, Inc.), Credit and Security Agreement (Term Loan) (Invuity, Inc.)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire, own or make, or enter into any agreement to acquire, own or make, any Investment other than Permitted Investments, (b) without limiting clause (a), acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted Investments; or (bc) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 1 contract
Samples: Credit and Security Agreement (PTC Therapeutics, Inc.)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) or clause (i) of the definition of Permitted Investments; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 1 contract
Samples: Credit and Security Agreement (Twinlab Consolidated Holdings, Inc.)
Purchase of Assets, Investments. No Borrower Obligor will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) or clause (i) of the definition of Permitted Investments; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Staffing 360 Solutions, Inc.)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) other than for acquisitions with an aggregate purchase price not to exceed $1,000,000 (less the amount of outstanding Investments permitted under clause (h) of the definition of Permitted Investments), acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted InvestmentsBusiness; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 1 contract
Samples: Credit and Security Agreement (Advancis Pharmaceutical Corp)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire acquire, make or enter into own any agreement to Investment other than Permitted Investments, (b) without limiting clause (a), acquire any assets other than in the Ordinary Course of Business or as permitted under clause other than Permitted Acquisitions, (h) of the definition of Permitted Investments; (bc) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; , or (cd) acquire purchase or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investmentscarry Margin Stock.
Appears in 1 contract
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted InvestmentsBusiness; (b) create, acquire or enter into any agreement to create or acquire any Subsidiary; (c) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (cd) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 1 contract
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than (i) in the Ordinary Course of Business Business, (ii) pursuant to a Permitted Acquisition, or (iii) as permitted under clause (h) of the definition of Permitted Investments; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 1 contract
Samples: Credit and Security Agreement (Steel Connect, Inc.)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted Investments; or (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 1 contract
Purchase of Assets, Investments. No Other than a Permitted Acquisition, no Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted Investments; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 1 contract
Samples: Credit and Security Agreement (Appliance Recycling Centers of America Inc /Mn)
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause subclauses (ha), (b)(viii) and (b)(xii) of the definition of Permitted Investments; (b) except with respect to Sagent Strides, engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 1 contract
Purchase of Assets, Investments. No Except for Permitted Investments, no Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of the definition of Permitted InvestmentsBusiness; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted InvestmentsPerson.
Appears in 1 contract
Samples: Credit and Security Agreement
Purchase of Assets, Investments. No Borrower will, or will permit any Subsidiary to, directly or indirectly (a) acquire or enter into any agreement to acquire any assets other than in the Ordinary Course of Business or as permitted under clause (h) of to the definition of extent constituting a Permitted InvestmentsAcquisition; (b) engage or enter into any agreement to engage in any joint venture or partnership with any other Person; or (c) acquire or own or enter into any agreement to acquire or own any Investment in any Person other than Permitted Investments.
Appears in 1 contract