Restrictions on the Borrower. The Borrower is not party to or bound by any contract, agreement or instrument, nor subject to any charter or other corporate restriction which will, under current or foreseeable conditions, cause a Material Adverse Effect.
Restrictions on the Borrower. The Borrower is not a party to or bound by any contract, instrument, or agreement, or subject to any other restriction, that materially and adversely affects its activities, properties, assets, operations, or condition (financial or otherwise), except as disclosed in writing to the Lender. The Borrower is not a party to any contract or agreement that restricts the right or ability of the Borrower to incur indebtedness for borrowed money or to enter into loan agreements. Any contract or agreement of the Borrower that pledges the revenues of the Borrower permits such pledged revenues to be used to make payments due under the Credit Documents.
Restrictions on the Borrower. Neither the Borrower nor the Bank is a party to, 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 the Borrower. The Borrower is not party to or bound by any contract, agreement or instrument, nor subject to any charter or other corporate restriction which will, under current or reasonably foreseeable conditions, materially and adversely affect the business, property, assets, operations or conditions, financial or otherwise, of the Borrower or any of its Subsidiaries.
Restrictions on the Borrower. Hold, in the case of Borrower only, any assets other than the stock of the Credit Parties and the other Subsidiaries listed on Schedule 6.9 and have, in the case of Borrower only, any liabilities other than (a) the liabilities under the Credit Documents, (b) other Indebtedness in existence on the date hereof and refinancings thereof, (c) Subordinated Debt, and (d) tax, routine administrative and other liabilities not constituting Indebtedness, intercompany liabilities not prohibited hereby and guarantees constituting Permitted Indebtedness, in each case incurred in the ordinary course of business. In the case of Borrower only, sell, transfer or otherwise dispose of any shares of Capital Stock of or other ownership interests in the Credit Parties or such Subsidiaries, or engage in any business other than owning the stock of the Credit Parties and such Subsidiaries.
Restrictions on the Borrower. The Borrower is not a party to or bound by any contract, instrument, or agreement, or subject to any other restriction, that might materially and adversely affect the ability of the Borrower to perform its obligations under the Borrower Contracts or the transactions contemplated by the Borrower Contracts, except as disclosed in writing to the Lender. The Borrower is not a party to any contract or agreement that restricts the right or ability of the Borrower to incur indebtedness for borrowed money or to enter into loan agreements.
Restrictions on the Borrower. NEITHER THE BORROWER NOR ANY OF THE BANK SUBSIDIARIES IS A PARTY, OR IS BOUND BY, ANY CONTRACT OR AGREEMENT OR INSTRUMENT, OR SUBJECT TO ANY CHARTER OR OTHER CORPORATE RESTRICTION THAT WOULD MATERIALLY AND ADVERSELY AFFECT ITS FINANCIAL CONDITION, BUSINESS, PROPERTIES, ASSETS, LIABILITIES, OPERATIONS, PROSPECTS, OR RESULTS OF OPERATIONS.
Restrictions on the Borrower. (a) The Borrower covenants that it will not (without the prior consent in writing of the Bank):
(i) sell, assign, discount, part or pledge, charge or otherwise dispose of all or any part of the property described in sub-clause 4(a)(iii) or deal with it save in accordance with sub-clause 7(b)(xi); or
(ii) (except for charges in favour of the Bank created under this deed) create or attempt to create or permit to subsist any mortgage, debenture, charge or pledge or permit any lien or other incumbrance (save a lien arising by operation of law in the ordinary course of trading) to arise on or affect all or any of the Charged Assets; or
(iii) part with possession or transfer, sell, lease or otherwise dispose of all or any of the Charged Assets or attempt so to do (save in the case of assets charged by way of floating charge only which may be sold or otherwise disposed of in the usual course of trading conducted at the date of this deed and for the purpose of carrying on its business).
(b) Notwithstanding anything in this deed, if the Borrower charges, pledges or otherwise incumbers, contrary to sub-clause 5(a)(ii), any of the Charged Assets described in sub-clause 4(a)(v) or attempts to do so without the prior consent in writing of the Bank or if any creditor or other person attempts to bring any distress, execution, sequestration or other process against any of the Charged Assets described in sub-clause 4(a)
(v) the floating charge created under this deed over those assets shall automatically without notice operate as a fixed charge instantly on such event occurring.
(c) During the continuance of this security the statutory and other powers of leasing, letting, entering into agreements for leases or lettings and accepting or agreeing to accept surrenders of leases or tenancies shall not in relation to all or any part of the Charged Assets be exercisable by the Borrower nor shall the Borrower part with possession of all or any part of the Charged Assets nor confer any licence, right or interest to occupy nor grant any licence or permission to assign, underlet or part with possession of all or any part of the Charged Assets nor agree, suffer or permit any variation or addition to the terms of any lease, tenancy or licence without in every such case obtaining the prior consent in writing of the Bank, save as permitted by sub-clause 5(a)(iii) above.
Restrictions on the Borrower. The Borrower is not a party to or bound by any contract, instrument, or agreement, or subject to any other restriction, that materially and adversely affects its activities, properties, assets, operations, or condition (financial or otherwise), except as disclosed in writing to the Lender. The Borrower is not a party to any contract or agreement that restricts the right or ability of the Borrower to incur indebtedness for borrowed money or to enter into loan agreements, except as disclosed in writing to the Lender. Any contract or agreement of the Borrower that pledges the revenues of the Borrower permits such pledged revenues to be used to make payments due under the Credit Documents.
Restrictions on the Borrower. Neither the Borrower nor any of its Subsidiaries is party to or bound by any contract, agreement or instrument, nor subject to any charter or other corporate restriction which will, under current or foreseeable conditions, materially and adversely affect the business, property, assets, operations or conditions, financial or otherwise of the Borrower or any of its Subsidiaries taken as a whole.
