Special Purpose Subsidiary. Permit (a) any Special Purpose Subsidiary to engage in any business other than Receivable Financing Transactions and activities directly related thereto or (b) at any time the U.S. Borrower or any of its Subsidiaries (other than a Special Purpose Subsidiary) or any of their respective assets to incur any liability, direct or indirect, contingent or otherwise, in respect of any obligation of a Special Purpose Subsidiary whether arising under or in connection with any Receivable Financing Transaction or otherwise.
Special Purpose Subsidiary. (a) The capital of the Special Purpose Subsidiary is adequate for the business and undertakings of the Special Purpose Subsidiary.
Special Purpose Subsidiary. Without the express prior written consent of Obligee, Special Purpose Subsidiary shall not, and the Company shall not permit Special Purpose Subsidiary (which term, as used in this Agreement, includes Special Purpose Subsidiary and its Subsidiaries) to, directly or indirectly:
Special Purpose Subsidiary. A Subsidiary of the Parent or any of its Subsidiaries, including the Borrower, that is a special purpose corporation organized in connection with a securitization and/or sale and financing of Leases and related Equipment and Receivables of the Borrower or either Guarantor, none of the assets of which constitutes any part of the Collateral after giving effect to the release of the Lenders’ Encumbrances on Collateral contemplated by Section 9 of the Borrower Security Agreement.
Special Purpose Subsidiary. Any Subsidiary of the REIT and/or any Borrower which was formed and continues to be maintained (a) solely for the purpose of incurring Non-recourse Indebtedness and owning properties financed thereby or (b) solely for the purpose of acting as general partner or managing member of one or more entities described in clause (a).
Special Purpose Subsidiary. TPEG Sub III has been organized by TPEG solely for the purpose of entering into this Agreement and consummating the Merger. TPEG Sub III has not engaged, and prior to the Merger will not engage, in any other business or activity.
Special Purpose Subsidiary. The Borrower agrees with the Agents, the Collateral Agent and each Lender that, until all Obligations have been paid and performed in full, the Commitments have terminated and the Revolving Credit Letters of Credit have (x) expired or been returned to the Issuer or (y) been cash collateralized to the reasonable satisfaction of the Collateral Agent and the Issuer, the Borrower will, and will cause the Special Purpose Subsidiary to, perform the obligations set forth in this Section 7.1.13.
Special Purpose Subsidiary. The Borrower agrees with the Agents, the Collateral Agent and each Lender that, until all Obligations have been paid and performed in full, the Commitments have terminated and the Revolving Credit Letters of Credit have (x) expired or been returned to the Issuer or (y) been cash collateralized to the reasonable satisfaction of the Collateral Agent and the Issuer, the Borrower will, and will cause the Special Purpose Subsidiary to, perform the obligations set forth in this Section 7.1.13. (a) The Special Purpose Subsidiary shall conduct its business solely in its own name through its duly Authorized Officers or agents so as not to mislead others as to the identity of the entity with which those Authorized Officers or agents are connected, and particularly will avoid the appearance of conducting business on behalf of the Parent, the Borrower or any Affiliate thereof or that the assets of the Special Purpose Subsidiary[, other than funds on deposit in the Asset Sale Proceeds Account,] are available to pay the creditors of the Parent, the Borrower or any Affiliate thereof. Without limiting the generality of the foregoing, all oral and written communications, including, without limitation, letters, invoices, purchase orders, contracts, statements and loan applications, will be made solely in the name of the Special Purpose Subsidiary.
Special Purpose Subsidiary. At the option of the Parent, -------------------------- the Merger may be effected through the Special Purpose Subsidiary in lieu of the Merger Subsidiary. Should the Parent so elect all references to the Merger Subsidiary in this Article II and elsewhere in this Agreement, shall, if required to effect such election, be deemed to refer to the Special Purpose Subsidiary.
Special Purpose Subsidiary. Holdings is a wholly-owned subsidiary of PACIFIC and has been organized by PACIFIC solely for the purpose of entering into this Agreement and consummating the Merger. HOLDINGS has not engaged, and prior to the Merger will not engage, in any other business or activity.
