Common use of Target Acquisition; Target Acquisition Documentation Clause in Contracts

Target Acquisition; Target Acquisition Documentation. The Target Acquisition (including, for the avoidance of doubt, the issuance of the U.S. Borrower’s Equity Interests constituting a portion of the purchase price, as noted in subclause (xix) below) shall, substantially concurrently with the initial Credit Event on the Closing Date, be consummated pursuant to the Target Acquisition Agreement (without any amendment, modification or waiver of any provision of the Target Acquisition Agreement that would be materially adverse to the Lenders or the Lead Arrangers without the consent of the Lead Arrangers; it being agreed and understood that (x) any reduction in aggregate purchase price from the original aggregate purchase price set forth in the Target Acquisition Agreement shall not be materially adverse to the interests of the Lenders or the Lead Arrangers so long as such decrease is allocated to reduce the aggregate principal amount of the Term Loans on a dollar-for-dollar basis, and (y) any increase in purchase price shall not be materially adverse to the Lenders or the Lead Arrangers so long as such increase is not funded with the proceeds of Indebtedness or Disqualified Equity Interests).