Unconditional Purchase Obligations. The Borrower shall not and shall not permit any Subsidiary to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 15 contracts
Samples: Loan and Security Agreement (Dynatronics Corp), Loan and Security Agreement (Flux Power Holdings, Inc.), Loan and Security Agreement (Polar Power, Inc.)
Unconditional Purchase Obligations. The Borrower shall not Not, and shall not permit any Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 15 contracts
Samples: Credit Agreement (Navigant Consulting Inc), Credit Agreement (Nashua Corp), Credit Agreement (Kanbay International Inc)
Unconditional Purchase Obligations. The Borrower shall not Not, and shall not permit any Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services services, if such contract requires that payment be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services; provided that the foregoing shall not prohibit the Company or any Subsidiary from entering into options for the purchase of particular assets or businesses.
Appears in 13 contracts
Samples: Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc), Subordinated Loan Agreement (Synagro Technologies Inc)
Unconditional Purchase Obligations. The Borrower shall not Not, and shall not permit any Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services services, if such contract requires that payment be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 10 contracts
Samples: Credit Agreement (U S Aggregates Inc), Credit Agreement (Weston Roy F Inc), Multicurrency Credit Agreement (Applied Power Inc)
Unconditional Purchase Obligations. The Borrower shall not Not, and shall not permit any ---------------------------------- Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services services, if such contract requires that payment be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services; provided that the foregoing shall not prohibit the Company or any Subsidiary from entering into options for the purchase of particular assets or businesses.
Appears in 9 contracts
Samples: Credit Agreement (United Road Services Inc), Credit Agreement (United Road Services Inc), Credit Agreement (United Rentals Inc)
Unconditional Purchase Obligations. The Borrower shall not and shall not permit any Subsidiary to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 8 contracts
Samples: Loan and Security Agreement (Digital Ally, Inc.), Loan and Security Agreement (Amtech Systems Inc), Loan and Security Agreement (Birner Dental Management Services Inc)
Unconditional Purchase Obligations. The Borrower shall not Not, and shall not permit any Subsidiary to to, enter into or be a party to any material contract for the purchase of materials, supplies or other property or services services, if such contract requires that payment be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services; provided that the foregoing shall not prohibit the Parent or any Subsidiary from entering into options for the purchase of particular assets or businesses.
Appears in 5 contracts
Samples: Security Agreement (Middleby Corp), Pledge Agreement (Middleby Corp), Credit Agreement (Middleby Corp)
Unconditional Purchase Obligations. The Borrower shall not and shall not permit any Subsidiary to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Amarantus Bioscience Holdings, Inc.), Note Purchase Agreement (Blue Calypso, Inc.), Bridge Financing Agreement (Jaguar Animal Health, Inc.)
Unconditional Purchase Obligations. The Borrower shall not Not, and shall not permit any Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services, other than contracts entered into in the ordinary course of business and in accordance with past practices.
Appears in 4 contracts
Samples: Credit Agreement (Energy West Inc), Credit Agreement (Energy West Inc), Credit Agreement (Energy West Inc)
Unconditional Purchase Obligations. The Borrower shall not not, and shall not permit any Material Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services services, if such contract requires that payment payments be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 3 contracts
Samples: Bridge Credit Agreement (Fred Meyer Inc), Day Credit Agreement (Fred Meyer Inc), Credit Agreement (Fred Meyer Inc)
Unconditional Purchase Obligations. The Borrower shall not not, and shall not permit any Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 3 contracts
Samples: Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Boyd Bros Transportation Inc)
Unconditional Purchase Obligations. The Borrower shall not and shall not permit any Subsidiary to enter into or be a party to any contract for the purchase or lease of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 3 contracts
Samples: Reimbursement Agreement (Clearwater Paper Corp), Reimbursement Agreement (Cellu Tissue Holdings, Inc.), Reimbursement Agreement (Cellu Tissue Holdings, Inc.)
Unconditional Purchase Obligations. The No Borrower shall not and shall not permit any Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 3 contracts
Samples: Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp)
Unconditional Purchase Obligations. The Borrower shall not and shall not permit any Subsidiary to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ari Network Services Inc /Wi), Revolving Credit Agreement (American Land Lease Inc), Credit Agreement (Integrity Media Inc)
Unconditional Purchase Obligations. The Borrower shall not not, and shall not permit any Subsidiary Affiliate, to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.)
Unconditional Purchase Obligations. The Borrower shall not Not, and shall not permit any Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services services, if such contract requires that Borrower or such Subsidiary to make payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or servicesservices are ever delivered.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement
Unconditional Purchase Obligations. The Borrower shall not not, and shall not permit any Subsidiary to of its Material Subsidiaries to, enter into or be a party to to, any material contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it the Borrower or such Material Subsidiary regardless of whether or not delivery is ever made of such materials, supplies or other property or servicesservices is ever made, except any such contract for the purchase of electrical power entered into by the Borrower or such Material Subsidiary in the ordinary course of its business.
Appears in 2 contracts
Samples: Intercreditor Agreement (Eldorado Gold Corp /Fi), Intercreditor Agreement (Eldorado Gold Corp /Fi)
Unconditional Purchase Obligations. The Borrower shall not not, and shall not permit any Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services services, if such contract requires that payment payments be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Loan Agreement (Fred Meyer Inc), Loan Agreement (Quality Food Centers Inc)
Unconditional Purchase Obligations. The Borrower shall not not, and shall not permit any Subsidiary to to, enter into or be a party to any contract for the purchase of materials, supplies or other property Property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property Property or services.
Appears in 1 contract
Unconditional Purchase Obligations. The Borrower shall not not, and shall not permit any Subsidiary Subsidiary, to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Samples: Loan and Security Agreement (Parlux Fragrances Inc)
Unconditional Purchase Obligations. The Borrower Borrowers shall not and shall not permit any Subsidiary to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Unconditional Purchase Obligations. The Borrower Borrowers shall not and shall not permit any Subsidiary to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it the applicable Borrower or Subsidiary regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Samples: Loan and Security Agreement (Hill International, Inc.)
Unconditional Purchase Obligations. The Borrower shall not and not, nor shall not it permit any Subsidiary to of its Subsidiaries to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services services, if such contract requires that payment be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
