Common use of Use of Proceeds; Margin Stock Clause in Contracts

Use of Proceeds; Margin Stock. The Borrowers shall use the proceeds of the Revolving Credit to refinance existing indebtedness, to refinance commercial paper issued by them, for their general corporate and working capital purposes (including Acquisitions), and to fund certain fees and expenses relating to the Agreement and the transactions contemplated hereby. Neither any Borrower nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of any Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Smucker J M Co), Credit Agreement (Smucker J M Co)

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Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Revolving Credit Loans to refinance existing indebtedness, to refinance commercial paper issued by themfinance working capital and Capital Expenditures, and for their such other general corporate and working capital purposes (including Acquisitions), and to fund certain fees and expenses relating to the Agreement and the transactions contemplated herebyas are consistent with all Applicable Laws. Neither any Borrower nor any Subsidiary is engaged engaged, principally or as one of its important activities, in the business of purchasing or carrying margin stock or in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of any Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Duluth Holdings Inc.)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Revolving Credit Loans to refinance existing indebtedness, to refinance commercial paper issued by themfinance working capital, Permitted Acquisitions and Capital Expenditures, and for their such other general corporate and working capital purposes (including Acquisitions), and to fund certain fees and expenses relating to the Agreement and the transactions contemplated herebyas are consistent with all Applicable Laws. Neither any the Borrower nor any Subsidiary is engaged engaged, principally or as one of its important activities, in the business of purchasing or carrying margin stock or in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of any the Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Duluth Holdings Inc.)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Revolving Credit to refinance existing indebtedness, to refinance commercial paper issued by themfor its general working capital purposes, for their general corporate Permitted Acquisitions and working capital for such other legal and proper purposes (including Acquisitions), and to fund certain fees and expenses relating to the Agreement and the transactions contemplated herebyas are consistent with all applicable laws. Neither any Borrower nor any Subsidiary is engaged engaged, principally or as one of its important activities, in the business of purchasing or carrying margin stock or in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of any Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 2 contracts

Samples: Credit Agreement (BIO-TECHNE Corp), Credit Agreement (Techne Corp /Mn/)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use certain proceeds of the Revolving Loans for the purpose of refinancing existing indebtedness and shall use all other Credit under the Revolving Credit for its general corporate purposes. The Borrower shall use the proceeds of the Revolving Credit Term Loans to refinance existing indebtedness, to refinance commercial paper issued by them, for their general corporate and working capital purposes (including Acquisitions), and to fund certain fees and expenses relating to finance the Agreement and the transactions contemplated herebyXxxxxx Acquisition. Neither any the Borrower nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the those assets of any the Borrower and its Subsidiaries which are subject to any limitation on sale, pledge pledge, or other restriction hereunder.

Appears in 1 contract

Samples: Credit Agreement (Diamond Home Services Inc)

Use of Proceeds; Margin Stock. The Borrowers shall use the proceeds of (a) the Revolving Credit to refinance existing indebtedness, to refinance commercial paper issued by themdebt, for their general corporate and working capital purposes (including Acquisitions)and for such other legal and proper purposes as are consistent with all applicable laws, and (b) the Term Loans to fund certain fees and expenses relating to refinance existing indebtedness of the Agreement and Borrowers. None of the transactions contemplated hereby. Neither any Borrower nor any Subsidiary Borrowers is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of any Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Samples: Credit Agreement (Synalloy Corp)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Term Loan Facility, Incremental Facilities (if any) and Revolving Credit Facility to refinance existing indebtednessfund acquisitions, to refinance commercial paper issued by themfund debt repayment, to fund Capital Expenditures, for their its general corporate and working capital purposes (including Acquisitions), and to fund certain fees and expenses relating to associated with closing of the Agreement and the transactions contemplated herebyLoans. Neither any Borrower nor any Subsidiary No Loan Party is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of any Borrower and its Subsidiaries the Loan Parties which are subject to any limitation on sale, pledge or other restriction hereunder. The Borrower shall not use the proceeds of any Swingline Loan to repay any previously-advanced Swingline Loans.

Appears in 1 contract

Samples: Credit Agreement (Postal Realty Trust, Inc.)

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Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Revolving Loans and other extensions of credit made available hereunder for the purpose of retiring the indebtedness outstanding under the Existing Credit to refinance existing indebtedness, to refinance commercial paper issued by them, Agreements and for their its general corporate and working capital purposes (including Acquisitions), and to fund certain fees such other legal and expenses relating to the Agreement and the transactions contemplated herebyproper purposes as are consistent with all applicable laws. Neither any the Borrower nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the those assets of any the Borrower and its Subsidiaries which are subject to any limitation on sale, pledge pledge, or other restriction hereunder.

Appears in 1 contract

Samples: Credit Agreement (Sycamore Park Convalescent Hospital)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Revolving Credit Facility to refinance existing indebtednessIndebtedness outstanding on the Closing Date, to refinance commercial paper issued by themfinance Permitted Acquisitions, for their working capital and capital expenditures, for expenses incurred in connection with this Agreement, and to finance its general corporate and working capital purposes (including Acquisitions), and to fund certain fees and expenses relating stock repurchases to the Agreement and the transactions contemplated herebyextent permitted by Section 8.9 hereof). Neither any the Borrower nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no . No part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of any Borrower the Loan Parties and its their Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Samples: Credit Agreement (Hub Group, Inc.)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Revolving Credit Loans to refinance existing indebtedness, to refinance commercial paper issued by them, for their its general corporate and working capital purposes (including Acquisitions)purposes, and to fund certain fees and expenses relating to associated with the Agreement execution and the transactions contemplated herebydelivery of this Agreement, and for such other legal and proper general corporate purposes as are consistent with all applicable laws and this Agreement. Neither any the Borrower nor any Subsidiary Guarantor is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of any the Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Samples: Credit Agreement (Smart Balance, Inc.)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of (i) the Term Loans solely for the purposes set forth in Section 1.3 hereof and (ii) the Revolving Credit to refinance existing indebtedness, to refinance commercial paper issued by them, Loans and other extensions of credit made available hereunder for their its general corporate and working capital purposes (including Acquisitions), and to fund certain fees such other legal and expenses relating to the Agreement and the transactions contemplated herebyproper purposes as are consistent with all applicable laws. Neither any the Borrower nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the those assets of any the Borrower and its Subsidiaries which are subject to any limitation on sale, pledge pledge, or other restriction hereunder.

Appears in 1 contract

Samples: Credit Agreement (Vision Twenty One Inc)

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