Ratio Adjustment Period. Notwithstanding anything to the contrary set forth herein, prior to the end of the Ratio Adjustment Period no Loan Party and no other Subsidiary shall:
(a) Make any (ix) Investments or extend any loans or extend any loans or credit facilities except those permitted pursuant to Section 6.02(a)-(f)(i) or (iiy) make or become legally obligated to make any expenditure in respect of the purchase or other acquisition of any fixed or capital asset; provided, however, that (x) to the extent that at least $15,000,000 of Net Available Proceeds are received by the Loan Parties during the Ratio Adjustment Period related to Sale and Leaseback Transactions, then up to $10,000,000 for Investments in acquisitions shall be permitted and (y) from the First Amendment Effective Date and during the Ratio Adjustment Period, up to $2,000,000 for Capital Expenditures in the ordinary course of business (or such higher amount as permitted by the Required Lenders) shall be permitted.
(b) Make any Dispositions except (i) those permitted pursuant to Section 6.05(a) and, (c), (f) and (g) or (ii) if the Net Available Proceeds for such Disposition are reinvested in the Loan Parties (except to the extent otherwise permitted by the proviso set forth in Section 6.20(a)(ii) regarding Capital Expenditures).and the Administrative Agent consents to such Disposition, not to be unreasonably withheld, conditioned or delayed.
(c) Make any Restricted Payment except those permitted pursuant to Sections 6.06(a)-(d).
(d) Enter into any transactions with an Affiliate (other than with wholly-owned Loan Parties) except with the prior written consent from the Administrative Agent, not to be unreasonably withheld, conditioned or delayed; provided, however, notwithstanding the forgoing, the following transactions (each a “Permitted Coliseum Transaction”), to the extent the same would otherwise be permitted under the terms of this Agreement, shall be permitted without the prior written consent of Administrative Agent: (i) any loans or credit facilities made by Coliseum to any Designated Real Estate Subsidiary secured only by the real property and fixtures and improvements located on the real property owned or leased by such Designated Real Estate Subsidiary, (ii) any sale lease back transaction between any Designated Real Estate Subsidiary and Coliseum and (iii) any investment by Coliseum in common stock or preferred equity or any other Equity Issuance of any Loan Party or Subsidiary, provided that in respect...
Ratio Adjustment Period. Notwithstanding anything to the contrary set forth herein, prior to the end of the Ratio Adjustment Period no Loan Party and no other Subsidiary shall:
(a) Make any (i) Investments or extend any loans or extend any loans or credit facilities except those permitted pursuant to Section 6.02(a)-(f)(i) or (ii) make or become legally obligated to make any expenditure in respect of the purchase or other acquisition of any fixed or capital asset; provided, however, that (x) to the extent that at least $15,000,000 of Net Available Proceeds are received by the Loan Parties during the Ratio Adjustment Period related to Sale and Leaseback Transactions, then up to $10,000,000 for Investments in acquisitions shall be permitted and (y) from the First Amendment Effective Date and during the Ratio Adjustment Period, up to $2,000,000 for Capital Expenditures in the ordinary course of business (or such higher amount as permitted by the Required Lenders) shall be permitted.
(b) Make any Dispositions except those permitted pursuant to Section 6.05(a) and (c) or if the Net Available Proceeds for such Disposition are reinvested in the Loan Parties (except to the extent otherwise permitted by the proviso set forth in Section 6.20(a)(ii) regarding Capital Expenditures). LEGAL02/44139400v8
(c) Make any Restricted Payment except those permitted pursuant to Sections 6.06(a)-(d).
