Purchase of Assets, Investments. No Credit Party will, or will permit any Subsidiary to, directly or indirectly: (a) acquire, make, own, hold, or otherwise consummate any Investment (including for the avoidance of doubt, any Acquisition) other than Permitted Investments, or enter into any agreement to acquire, make, own or hold any Investment other than Permitted Investments; (b) without limiting clause (a) above, acquire any other assets other than Permitted Investments or otherwise (i) in the Ordinary Course of Business, (ii) constituting capital expenditures, (iii) constituting replacement assets purchased with proceeds of property insurance policies, awards or other compensation with respect to any eminent domain, condemnation or similar proceeding and for which the requirements set forth in this Agreement have been satisfied and (iv) any acquisition by a Credit Party of assets of any other Credit Party to the extent not otherwise prohibited by Article 5 of this Agreement; or (c) engage or enter into any agreement to engage in any joint venture or partnership with any other Person. Without limiting the foregoing, no Credit Party shall, nor will any Credit Party permit any Subsidiary to, purchase or carry Margin Stock.
Appears in 6 contracts
Samples: Credit, Security and Guaranty Agreement (Term Loan) (Xtant Medical Holdings, Inc.), Credit, Security and Guaranty Agreement (Revolving Loan) (Xtant Medical Holdings, Inc.), Credit, Security and Guaranty Agreement (Term Loan) (Xtant Medical Holdings, Inc.)
Purchase of Assets, Investments. No Credit Party Borrower will, or will permit any Subsidiary to, directly or indirectly:
(a) acquire, make, own, hold, hold or otherwise consummate any Investment (including for the avoidance of doubt, any Acquisition) other than Permitted Investments, Investments or enter into any agreement to acquire, make, own or hold any Investment other than Permitted Investments;
(b) without limiting clause (a) above, acquire any other assets other than Permitted Investments or otherwise (i) in the Ordinary Course of Business, (ii) constituting capital expenditures, (iii) constituting replacement assets purchased with proceeds of property insurance policies, awards or other compensation with respect to any eminent domain, condemnation or similar proceeding and for which the requirements set forth in this Agreement have been satisfied and (iv) any acquisition by a Credit Party of assets of any other Credit Party to the extent not otherwise prohibited by Article 5 of this Agreement; or;
(c) engage or enter into any agreement to engage in any joint venture or partnership with any other Person. Person except for Investments made pursuant to clause (l) of the definition of Permitted Investments; or
(d) Without limiting the foregoing, no Credit Party Borrower shall, nor will any Credit Party Borrower permit any Subsidiary to, purchase or carry Margin Stock.
Appears in 4 contracts
Samples: Credit and Security Agreement (Alpha Teknova, Inc.), Credit and Security Agreement (Alpha Teknova, Inc.), Credit and Security Agreement (Revolving Loan) (Alpha Teknova, Inc.)
Purchase of Assets, Investments. No Credit Party Borrower will, or will permit any Subsidiary to, directly or indirectly:
(a) acquire, make, own, hold, hold or otherwise consummate any Investment (including for the avoidance of doubt, any Acquisition) other than Permitted Investments, Investments or enter into any agreement to acquire, make, own or hold any Investment other than Permitted Investments;,
(b) without limiting clause (a) above, acquire any other assets other than Permitted Investments or otherwise (i) in the Ordinary Course of Business, (ii) constituting capital expenditures, (iii) constituting replacement assets purchased with proceeds of property insurance policies, awards or other compensation with respect to any eminent domain, condemnation or similar proceeding and for which the requirements set forth in this Agreement have been satisfied and (iv) any acquisition by a Credit Party of assets of any other Credit Party to the extent not otherwise prohibited by Article 5 of this Agreement; or;
(c) engage or enter into any agreement to engage in any joint venture or partnership with any other Person. Person except for Investments made pursuant to clause (l) of the definition of Permitted Investments.
(d) Without limiting the foregoing, no Credit Party Borrower shall, nor will any Credit Party Borrower permit any Subsidiary to, purchase or carry Margin Stock.
Appears in 3 contracts
Samples: Credit and Security Agreement (Term Loan) (Akoya Biosciences, Inc.), Credit and Security Agreement (Term Loan) (Akoya Biosciences, Inc.), Credit and Security Agreement (Term Loan) (Akoya Biosciences, Inc.)