Restrictions on Borrower. None of Borrower or any Subsidiary is a party, nor is bound by, any contract or agreement or instrument, or subject to any charter or other corporate restriction materially and adversely affecting its financial condition, business or operations.
Restrictions on Borrower. The Borrower will not:
9.9.1 sell, assign, transfer, dispose of, or in any way part with control of, any share of capital stock of any Subsidiary except (A) to the extent, if any, required to qualify directors of such Subsidiary under any applicable law, or (B) to any Subsidiary; or
9.9.2 sell, assign, transfer, dispose of, or in any way part with control of, any Debt owing from any Subsidiary to the Borrower except to any Subsidiary; provided, however, that all shares of capital stock of all classes, together with all Debt, of any Subsidiary owned by the Borrower and/or its other Subsidiaries may be sold for the fair market value thereof (as determined in good faith by the Board of Directors of the Borrower), as an entirety, if the Subsidiary whose shares of capital stock and Debt are so sold does not own any shares of capital stock or Debt of any other Subsidiary not being simultaneously disposed of as permitted by this proviso and if such sale is permitted by Section 9.7.3 hereof.
Restrictions on Borrower. Until payment in full of the Obligations, Borrower shall not, without Xxxxxx’s prior written consent:
(a) lend money, give credit or make advances to any person, firm, joint venture, partnership, corporation or other entity, including, without limitation, officers, directors, employees, subsidiaries and affiliates of Borrower, except loans, credits or advances made in the ordinary course of business in connection with Xxxxxxxx’s sales to third party customers; or
(b) assume, guarantee, endorse, contingently agree to purchase or otherwise become liable upon the obligation of any person, firm, joint venture, partnership, corporation or other entity, except by the endorsement of negotiable instruments for deposit or collection.
Restrictions on Borrower. Other than as described on Exhibit A, Borrower is not a party to any contract or agreement, which materially and adversely affects the Collateral.
Restrictions on Borrower. 34 5.13 Broker's Fees.................................................................... 34 5.14 Tax Identification Number........................................................ 34 5.15
Restrictions on Borrower. Borrower is not a party to any contract or agreement, or subject to any Lien, charge, or restriction, that materially and adversely affects its business. Borrower will not be, on or after the Closing Date, a party to any contract or agreement that restricts its right or ability to incur indebtedness (other than the agreements executed in connection with the Sovereign Facility) and Borrower shall not be party to a contract or agreement that prohibits Borrower's execution and delivery of, or compliance with the terms of, this Agreement or the other Loan Documents. Borrower has not agreed or consented to cause or permit in the future (upon the happening of any contingency or otherwise) any of the Collateral, whether now owned or hereafter acquired, to be subject to a Lien except in favor of Lender as provided hereunder and the Permitted Liens and Encumbrances.
Restrictions on Borrower. Except for documents and agreements elsewhere disclosed herein and those described on Schedule 2.14, Borrower is not: (a) a party to any contract or agreement, or subject to any corporate or other restriction, that could reasonably be expected to have a Material Effect, (b) a party to any material contract or agreement that restricts the right or ability of Borrower to incur Debt, other than this Agreement, the other Subject Documents, and all agreements with Senior Lenders pertaining to Senior Debt, and except for the Liens granted to the Lender and Senior Lenders, Borrower has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any Lien upon any Property of Borrower, whether now owned or hereafter acquired.
Restrictions on Borrower. Neither Borrower nor any of the Borrower Subsidiaries is: (a) a party to any contract or agreement, or subject to any corporate or other restriction, that could reasonably be expected to have a Material Effect, (b) a party to any material contract or agreement that restricts the right or ability of Borrower to incur Debt, other than this Agreement, the other Subject Documents and the Loan and Security Agreement with the Senior Lender, and, except for the Liens granted to the Lender or the Senior Lender, neither Borrower nor any of the Borrower Subsidiaries has agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any Lien upon any Property of Borrower or any of the Borrower Subsidiaries, whether now owned or hereafter acquired.
Restrictions on Borrower. Borrower is not: (a) a party to any contract or agreement, or subject to any corporate or other restriction, that could reasonably be expected to have a Material Effect, (b) a party to any material contract or agreement that restricts the right or ability of Borrower to incur Debt, other than this Agreement, the other Subject Documents, and all agreements with Senior Lenders pertaining to Senior Debt, and except for the Liens granted to the Lender and Senior Lenders, Borrower has not agreed or consented to cause or permit in the future (upon the happening of a contingency or otherwise) any Lien upon any Property of Borrower, whether now owned or hereafter acquired.
Restrictions on Borrower. Except and as provided under the Articles of Incorporation and Bylaws of the Borrower and the Operating Subsidiaries, there are no limitations in any indenture, mortgage, deed of trust or other agreement or instrument to which the Borrower or any of the Operating Subsidiaries is now a party or by which the Borrower or any of the Operating Subsidiaries may now be bound with respect to the declaration and payment of dividends or other distributions on its capital stock, the incurrence of indebtedness or payment of interest thereon, nor any provision which, by requiring the maintenance of specified amounts of net current assets, ratios of current assets to liabilities, ratios of equity or surplus to debt, or otherwise, directly or indirectly has the effect of such a limitation.
