Upstream Limitations. The Borrower will not, and will not permit -------------------- any of its Subsidiaries to, enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrower, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer or distributions of all or any part of its assets to the Borrower.
Upstream Limitations. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrower, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer or distributions of all or any part of its assets to the Borrower.
Upstream Limitations. Neither the Borrowers nor any of their Subsidiaries will enter into, or permit any of their Subsidiaries to enter into, any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind, to make loans, advances or other payments of whatsoever nature or to make transfers or distributions of all or any part of its assets to any Borrower or any Guarantor.
Upstream Limitations. None of the Borrowers shall enter into any agreement, contract or arrangement (excluding this Agreement and the other Loan Documents) restricting the ability of (i) the Borrowers to amend or modify this Agreement or any other Loan Document, or (ii) any Borrower to pay or make dividends or distributions in cash or kind to any Borrower or to make loans, advances or other payments of whatsoever nature to any Borrower or to make transfers or distributions of all or any part of such Borrower’s assets to a Borrower; in each case other than (w) restrictions on specific assets which assets are the subject of a Synthetic Lease Obligation, Capitalized Lease or Equipment Financing Indebtedness to the extent permitted under Section 7.03(c) or (e), (x) restrictions pursuant to agreements under Section 7.03(j) and Section 7.03(m) and with respect to Dispositions permitted under Section 7.04(b), (y) customary anti-assignment provisions contained in leases and licensing agreements entered into by such Borrower in the ordinary course of its business and (z) restrictions permitted by Section 7.09.
Upstream Limitations. 65 9.13. Inconsistent Agreements. ...........................................................65 10.
Upstream Limitations. Each Party’s rights to enforce a Collaboration Patent pursuant to this Section 9.3, or to defend against a challenge in any action or proceeding described in Section 9.3.1, shall be subject to the applicable provisions of any agreements between the Party Controlling such Patents and its licensor. In the event of any conflict between this Section 9.3 and such other agreements, the provisions of the other agreements shall control.
Upstream Limitations. 65 -------------------- 10.14. Inconsistent Agreements......................................................... 65 ----------------------- 10.15. Modification of Documents and Charter Documents................................. 65 ----------------------------------------------- 11. FINANCIAL COVENANTS OF THE BORROWER......................................................... 65 ----------------------------------- 11.
1. Leverage Ratio................................................................... 65 -------------- 11.
2. Consolidated Operating Cash Flow to Debt Service................................. 66 ------------------------------------------------ 11.
Upstream Limitations. The Borrower will not, nor will the Borrower -------------------- permit any of its Subsidiaries to enter into any agreement, contract or arrangement (other than the Credit Agreement and the other Loan Documents) restricting the ability of any Subsidiary to pay or make dividends or distributions in cash or kind to the Borrower or to any Subsidiary, to make loans, advances or other payments of whatsoever nature to the Borrower or to any Subsidiary or to make transfer or distributions of all or any part of its assets to the Borrower or to any Subsidiary of such Subsidiary.
Upstream Limitations. Enter into any agreement, contract, or arrangement restricting the ability of any Subsidiary of Company to pay or make dividends or distributions in cash or kind, to make loans, advances, or other payments of whatsoever 18 nature or to make transfers or distributions of all or any part of its properties or assets to Company or to any Subsidiary of the Company.
Upstream Limitations. The Parent and the Borrowers will not, nor will the Parent permit any of its Subsidiaries to, enter into any agreement, contract or arrangement (other than this Agreement and the other Loan Documents) restricting the ability of any Subsidiary of the Parent to pay or make dividends or distributions in cash or kind or to make loans or advances; provided that this limitation does not apply (i) to the SWATH Subsidiary, (ii) to other Subsidiaries that are not Restricted Subsidiaries, (iii) to other special purpose non-Guarantor Subsidiaries formed after the date hereof the Investment in which is permitted pursuant to (S)9.3(f), or (iv) to restrictions on dividends or distributions arising from an event of default under an agreement by Saevik Supply or its Subsidiaries governing Indebtedness permitted under (S)9.1(f) and (S)9.1(g) hereof.
