Subsequent Acquisitions. The Borrower or a Wholly Owned ----------------------- Subsidiary of the Borrower may acquire any business or Property from, or capital stock of, or be a party to any acquisition of, any Person, so long as:
(A) the aggregate Purchase Price of any individual such acquisition shall not exceed $50,000,000;
(B) such acquisition (if by purchase of assets, merger or consolidation) shall be effected in such manner so that the acquired business, and the related assets, are owned either by the Borrower or a Wholly Owned Subsidiary of the Borrower and, if effected by merger or consolidation involving the Borrower, the Borrower shall be the continuing or surviving entity and, if effected by merger or consolidation involving a Wholly Owned Subsidiary of the Borrower, such Wholly Owned Subsidiary shall be the continuing or surviving entity;
(C) such acquisition (if by purchase of stock) shall be effected in such manner so that the acquired entity becomes a Wholly Owned Subsidiary of the Borrower;
(D) with respect to any acquisition involving an aggregate Purchase Price in excess of $10,000,000, the Borrower shall deliver to the Administrative Agent (which shall promptly forward a copy to each Lender which requests one)
(1) no later than five Business Days prior to the consummation of each such acquisition (or such earlier date as shall be five Business Days after the execution and delivery thereof), copies of the respective agreements or instruments pursuant to Credit Agreement ---------------- which such acquisition is to be consummated (including, without limitation, any related management, non-compete, employment, option or other material agreements), any schedules to such agreements or instruments and all other material ancillary documents to be executed or delivered in connection therewith and (2) promptly following request therefor (but in any event within three Business Days following such request), copies of such other information or documents relating to each such acquisition as the Administrative Agent shall have requested;
(E) with respect to any acquisition involving an aggregate Purchase Price in excess of $10,000,000, the Administrative Agent shall have received (and shall promptly forward a copy thereof to each Lender which requests one) a letter (in the case of each legal opinion delivered to the Borrower pursuant to such acquisition) from each Person delivering such opinion (which shall in any event include an opinion of special FCC counsel) authorizin...
Subsequent Acquisitions. If during the Term of this Agreement, either Liberty or Nytis, or any of their respective affiliates, acquires any oil and gas leasehold interest, whether by purchase, farm-in, contribution, forced pooling or otherwise, covering lands lying within the Program Area, the acquiring party shall promptly notify the non-acquiring party of such acquisition, describing the oil and gas leasehold interest acquired and detailing the actual, third-party out-of-pocket costs incurred and the value of any rights, leases, oil and gas interests or other property exchanged in connection with the acquisition of the acquired interest. Such acquired interest shall be offered to the non-acquiring party on a heads up basis: sixty percent (60%) to Nytis and forty percent (40%) to Liberty.
Subsequent Acquisitions. Nothing in this Article XI shall be construed to prevent CHS from making an acquisition that includes a wholesale micro nutrient, agricultural chemical and/or seed marketing and/or sale business so long as LOL is given the option, exercisable within six (6) months after the closing of such acquisition, for LOL to acquire from CHS that portion of such acquisition relating to the wholesale agricultural chemical and/or seed marketing and/or sale business for fair market value and otherwise on customary and commercially reasonable terms. Similarly, nothing in this Section shall be construed to prevent LOL from making an acquisition that includes a wholesale crop nutrient marketing and/or sale business so long as CHS is given the option, exercisable within six (6) months after the closing of such acquisition, for CHS to acquire from LOL that portion of such acquisition relating to the wholesale crop nutrient marketing and/or sale business for fair market value and otherwise on customary and commercially reasonable terms.
Subsequent Acquisitions. If at any time after the first to occur of the closing of the transactions contemplated by the LVDGT Agreement or the ASI Agreement, while ASI is an equity holder of LVDGT or SAGC or has options, warrants or other rights to acquire equity of either or both of LVDGT and/or SAGC, either of LVDGT or SAGC offers to sell or grants, sells or issues shares of its capital stock to any of Boreta or their respective affiliates at any price or for any consideration (including, but not limited to, provision of services), Boreta shall transfer or cause to be transferred to ASI Shares so as to maintain the relative proportionate direct and indirect (by virtue of ownership of LVDGT capital stock) equity ownerships of ASI, on the one hand, and Boreta, on the other hand, in each of LVDGT and SAGC as they were immediately prior to such offer, grant, sale or issuance, assuming the consummation of such offer, grant, sale or issuance.
Subsequent Acquisitions. Each of the Oaktree Shareholders agrees that any other Equity Securities of the Company which it or any of its Affiliates hereafter acquires by means of a share split, share dividend, distribution, conversion, exercise of options or warrants, or otherwise shall be subject to the provisions of this Agreement to the same extent as if held on the date hereof.
Subsequent Acquisitions. Each Management Party agrees that this Agreement and the respective rights and obligations of such Management Parties hereunder shall attach to any Glamis Common Shares and Glamis Options that may become directly or indirectly beneficially owned by such Management Party or over which control or direction may be acquired by such Party.
Subsequent Acquisitions. Borrowers simultaneously must consummate and complete the acquisition being funded with the proceeds of the Advance under terms and conditions reasonably acceptable to Required Lenders. In addition, the due diligence program conducted by Borrowers in connection with such acquisition separately must be reasonably acceptable to Required Lenders in form, content and results.
Subsequent Acquisitions. In the event the Company shall at any time after the date hereof acquire, directly or indirectly, all or any substantial portion of another corporation (whether by merger, purchase of stock or assets or otherwise), the Board of Directors shall have the right unilaterally to amend this Agreement by making such modifications to the figures set forth on SCHEDULE II and SCHEDULE III attached hereto, as it shall in good faith determine to be necessary to take account of such acquisition, it being understood and agreed that such modifications shall not affect the exercisability of Option Shares that became exercisable prior to the implementation of such modifications.
Subsequent Acquisitions. Each Management Party agrees that this Agreement and the respective rights and obligations of such Management Parties hereunder shall attach to any Northern Orion Common Shares, Northern Orion Warrants and Northern Orion Options that may become directly or indirectly beneficially owned by such Management Party or over which control or direction may be acquired by such Party.
Subsequent Acquisitions. Each Supporting Party agrees that this Agreement and the respective rights and obligations of such Supporting Parties hereunder shall attach to any Owned Securities that may become directly or indirectly beneficially owned by such Supporting Party or over which control or direction may be acquired by such Party.
