Purchaser’s Business. Purchaser has not engaged in any business of any kind or nature and will not engage in any business, except as may be contemplated by this Agreement. Purchaser has no indebtedness or liabilities of any kind or nature and will not incur any indebtedness or liabilities from the date hereof through the Closing Date, except as contemplated by this Agreement.
Purchaser’s Business. Purchaser conducts no business other than entry into this Agreement, the Series F Indenture and the transactions contemplated hereby and thereby. Purchaser has access to adequate funds to pay the Aggregate Deferred Purchase Price or Deferred Purchase Price, if any, and any other amounts owed to Seller under this Agreement.
Purchaser’s Business. Purchaser shall conduct no business other than entry into this Agreement, the Series E Indenture and the transactions contemplated hereby and thereby. Purchaser shall not incur, assume or otherwise take on any indebtedness other than (A) the Series E Notes, (B) those obligations that are contemplated by this Agreement and the Series E Indenture and (C) Purchaser’s indemnification obligations to U.S. Bank Trust National Association, as owner trust trustee (“Owner Trust Trustee”), under the Amended and Restated Owner Trust Agreement, dated as of February 19, 2020, by and among BOA, as depositor, the Owner Trust Trustee and U.S. Bank National Association, as certificate registrar and as paying agent (the “Trust Agreement”). Purchaser shall maintain access to adequate funds to pay the Aggregate Deferred Purchase Price, if any, and any other amounts owed to Seller under this Agreement.
Purchaser’s Business. Unless otherwise agreed to in writing by Seller in connection with a Future Receivable Transaction, Purchaser shall conduct no business other than entry into this Agreement, the Series D Indenture and the transactions contemplated hereby and thereby. Unless otherwise agreed to in writing by Seller in connection with a Future Receivable Transaction, Purchaser shall not incur, assume or otherwise take on any indebtedness other than (A) the Series D Notes, (B) those obligations that are contemplated by this Agreement and the Series D Indenture and (C) Purchaser’s indemnification obligations to U.S. Bank Trust National Association, as owner trust trustee (“Owner Trust Trustee”), under the Amended and Restated Owner Trust Agreement, dated as of February 19, 2020, by and among BOA, as depositor, the Owner Trust Trustee and U.S. Bank National Association, as certificate registrar and as paying agent (the “Trust Agreement”). Purchaser shall maintain access to adequate funds to pay the Deferred Purchase Price or Aggregate Deferred Purchase Price, if any, and any other amounts owed to Seller under this Agreement.
Purchaser’s Business. There is no fact relating to Purchaser’s or any of its Affiliates’ businesses, operations, financial condition or legal status that would or would reasonably be expected to: (a) prevent or prohibit the obtaining of, impose any material delay in the obtaining of or increase the risk of not obtaining the Regulatory Approvals or (b) have, individually or in the aggregate, a Purchaser Material Adverse Effect.
Purchaser’s Business. Unless otherwise agreed to in writing by Seller in connection with a Future Receivables Transaction, Purchaser shall conduct no business other than entry into this Agreement, the Series F Indenture and the transactions contemplated hereby and thereby. Unless otherwise agreed to in writing by Seller in connection with a Future Receivables Transaction, Purchaser shall not incur, assume or otherwise take on any indebtedness other than (A) the Series F Notes, (B) those obligations that are contemplated by this Agreement and the Series F Indenture and (C) Purchaser’s indemnification obligations to U.S. Bank Trust National Association, as owner trust trustee (“Owner Trust Trustee”), under the Amended and Restated Owner Trust Agreement, dated as of February 19, 2020, by and among BOA, as depositor, the Owner Trust Trustee and U.S. Bank Trust Company, National Association as successor in interest to U.S. Bank National Association, as certificate registrar and as paying agent (the “Trust Agreement”). Purchaser shall maintain access to adequate funds to pay the Deferred Purchase Price or Aggregate Deferred Purchase Price, if any, and any other amounts owed to Seller under this Agreement.
Purchaser’s Business. (A) Purchaser is entering into this Agreement in the ordinary course of its business;
Purchaser’s Business. There is no fact relating to Purchaser’s or any of its Affiliates’ businesses, operations, financial condition or legal status that would or would reasonably be expected to: (a) prevent or prohibit the obtaining of, impose any material delay in the obtaining of or increase the risk of not obtaining the Regulatory Approvals or (b) have, individually or in the aggregate, a Purchaser Material Adverse Effect. Purchaser is not, and Purchaser and the Purchased Entities (and their Subsidiaries) will not be, at or immediately following the Closing, directly or indirectly owned or controlled by: (i) a “foreign” Person or Persons for purposes of the International Traffic in Arms Regulations (“ITAR”), 22 C.F.R. Parts 120 - 130; (ii) a “foreign” Person for purposes of reviews of transactions conducted by the Committee on Foreign Investment in the United States under the Defense Production Act of 1950, as amended and codified by 50 U.S.C. Section 4565 and as implemented by regulations at 31 C.F.R. Parts 800-801; (iii) a “foreign interest,” as defined in the National Industrial Security Program Operating Manual (“NISPOM”), such that any “foreign interest,” directly or indirectly, will own or have beneficial ownership of five percent (5%) or more of the outstanding shares of any class of the equity securities of Purchaser or the Purchased Entities (or their Subsidiaries) or will subscribe to five percent (5%) or more of the total capital commitment of Purchaser or the Purchased Entities (or their Subsidiaries); or (iv) a “foreign interest” as defined in the NISPOM, such that any “foreign interest,” directly or indirectly, will have the power, whether or not exercised, through contractual arrangements or other means, to direct or decide matters affecting the management or operations of Purchaser or the Purchased Entities or their Subsidiaries.
Purchaser’s Business. Purchaser conducts no business other than entry into this Agreement, the Series G Indenture and the transactions contemplated hereby and thereby. Upon receipt of the Final Collections Payment, Purchaser will have access to adequate funds to pay the Aggregate Deferred Purchase Price, if any, and any other amounts owed to Seller under this Agreement.
Purchaser’s Business. Purchaser does not engage in any plasma related business in China and is not a controlling shareholder, directly or indirectly, of any such company.
