Common use of Upstream Limitations Clause in Contracts

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.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Varian Semiconductor Equipment Associates Inc), Revolving Credit Agreement (Ionics Inc), Revolving Credit Agreement (Cabot Corp)

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Upstream Limitations. The Borrower will not, and nor will not it permit any of its Subsidiaries Subsidiary to, enter into any agreement, contract 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 Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the Borrower.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Western Digital Corp), Revolving Credit and Term Loan Agreement (Western Digital Corp)

Upstream Limitations. The Neither the Borrower nor any of its Subsidiaries will notenter into, and will not or permit any of its Subsidiaries toto enter into, 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 Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerBorrower or any Guarantor.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Stride & Associates Inc), Revolving Credit Agreement (Brooks Automation Inc)

Upstream Limitations. The Borrower will notnot enter into, and will not nor permit any of its Subsidiaries toto enter into, enter into any agreement, contract or arrangement (other than the Credit Loan 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 Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerBorrower or any Subsidiary.

Appears in 2 contracts

Samples: Loan Agreement (Optical Security Group Inc), Loan Agreement (Applied Opsec Corp)

Upstream Limitations. The Neither the Borrower will not, and will not permit nor any of its Subsidiaries to, will 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.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Mapics Inc), Revolving Credit and Term Loan Agreement (Marcam Corp)

Upstream Limitations. The Borrower will not, and nor will not the Borrower permit any of its Subsidiaries to, to enter into any agreement, contract or arrangement (other than the this 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 Borrowerkind, to make loans, advances or other payments of 85 -77- whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerBorrower or to any Subsidiary of which such Subsidiary is a Subsidiary.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Aviall Inc)

Upstream Limitations. The Borrower Borrowers 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 Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets (other than as permitted by (S)8.2 hereof) to the BorrowerBorrower or any of its Subsidiaries.

Appears in 1 contract

Samples: Revolving Credit Agreement (Answer Think Consulting Group Inc)

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Upstream Limitations. The Borrower will not, and nor will not the Borrower -------------------- permit any of its Subsidiaries to, 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 Borrowerkind, to make loans, advances or other payments of whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerBorrower or to any Subsidiary of such Subsidiary is a Subsidiary.

Appears in 1 contract

Samples: Revolving Credit and Acquisition Loan Agreement (Jackson Products Inc)

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 50 -44- 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.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cabot Microelectronics Corp)

Upstream Limitations. The Borrower will not, and nor will not the Borrower permit any of its Subsidiaries to, 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 Borrowerkind, to make loans, advances or other payments of any nature whatsoever nature to the Borrower, or to make transfer transfers or distributions of all or any part of its assets to the BorrowerBorrower or to any Subsidiary of such Subsidiary.

Appears in 1 contract

Samples: Revolving Credit Agreement (Connectivity Technologies Inc)

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