Common use of Restriction on Acquisitions Clause in Contracts

Restriction on Acquisitions. The Borrower shall not establish or acquire any Subsidiary or invest in any other entity without the consent of the Majority Lenders (such consent not to be unreasonably withheld), provided that this Clause 20.12 shall not apply to any such acquisition or investment where: (a) such acquisition or investment relates to a Subsidiary or entity whose principal business is telecommunications or the provision of data services or related or ancillary businesses; and (b) the consideration paid by the Borrower in relation to such acquisition or investment, when aggregated with the consideration paid by the Borrower in relation to each other acquisition or investment permitted under this paragraph (b), does not exceed (i) 20 per cent. of the Borrower's Total Assets in the financial year of the Borrower ending 31 December 2004; and (ii) 15 per cent. (or such higher amount not exceeding 20 per cent. as the Majority Lenders may agree (acting reasonably)) of the Borrower's Total Assets in any other financial year of the Borrower.

Appears in 1 contract

Samples: Facility Agreement (Mobile Telesystems Ojsc)

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Restriction on Acquisitions. The Borrower shall not establish or acquire any Subsidiary or invest in any other entity without the consent of the Majority Lenders (such consent not to be unreasonably withheld), provided that this Clause 20.12 shall not apply to any such acquisition or investment where: (a) such acquisition or investment relates to a Subsidiary or entity whose principal business is telecommunications or the provision of data services or related or ancillary businesses; and (b) the consideration paid by the Borrower in relation to such acquisition or investment, when aggregated with the consideration paid by the Borrower in relation to each other acquisition or investment permitted under this paragraph (b), does not exceed (i) 20 per cent. of the Borrower's ’s Total Assets in the financial year of the Borrower ending 31 December 2004; and (ii) 15 per cent. (or such higher amount not exceeding 20 per cent. as the Majority Lenders may agree (acting reasonably)) of the Borrower's ’s Total Assets in any other financial year of the Borrower.

Appears in 1 contract

Samples: Facility Agreement (MTS Inc)

Restriction on Acquisitions. The Borrower shall ensure that the Parent shall not establish or acquire any Subsidiary or invest in any other entity without the consent of the Majority Lenders (such consent not to be unreasonably withheld), provided that this Clause 20.12 shall not apply to any such acquisition or investment where: (a) such acquisition or investment relates to a Subsidiary or entity whose principal business is telecommunications or the provision of data services or related or ancillary businesses; and (b) the consideration paid by the Borrower Parent in relation to such acquisition or investment, when aggregated with the consideration paid by the Borrower Parent in relation to each other acquisition or investment permitted under this paragraph (b), does not exceed (i) 20 per cent. of the Borrower's Parent’s Total Assets in the financial year of the Borrower Parent ending 31 December 2004; and (ii) 15 per cent. (or such higher amount not exceeding 20 per cent. as the Majority Lenders may agree (acting reasonably)) of the Borrower's Parent’s Total Assets in any other financial year of the BorrowerParent.

Appears in 1 contract

Samples: Facility Agreement (Mobile Telesystems Ojsc)

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Restriction on Acquisitions. The Borrower shall ensure that the Parent shall not establish or acquire any Subsidiary or invest in any other entity without the consent of the Majority Lenders (such consent not to be unreasonably withheld), provided that this Clause 20.12 shall not apply to (i) any investment in connection with the acquisition of certain assets from Telsim Mobil Telekomunikasyon Hizmetleri A.S. in accordance with the process outlined in the tender document dated on or around June 2005 and issued by the Savings Deposit Insurance Fund and (ii) any such acquisition or investment where: (a) such acquisition or investment relates to a Subsidiary or entity whose principal business is telecommunications or the provision of data services or related or ancillary businesses; and (b) the consideration paid by the Borrower Parent in relation to such acquisition or investment, when aggregated with the consideration paid by the Borrower Parent in relation to each other acquisition or investment permitted under this paragraph (b), does not exceed (i) 20 per cent. of the Borrower's Parent’s Total Assets in the financial year of the Borrower Parent ending 31 December 2004; and (ii) 15 per cent. (or such higher amount not exceeding 20 per cent. as the Majority Lenders may agree (acting reasonably)) of the Borrower's Parent’s Total Assets in any other financial year of the BorrowerParent.

Appears in 1 contract

Samples: Facility Agreement (MTS Inc)

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