Monarch Acquisition definition

Monarch Acquisition means the acquisition by the Borrower of (x) 100% of the issued and outstanding Stock in the Monarch Subsidiary and (y) certain real property owned by DPW Investments, LLC, which real property shall be contributed by the Borrower to the Monarch Subsidiary on the date on which the Monarch Acquisition is consummated, in each case, such acquisitions to be consummated pursuant to the applicable Monarch Acquisition Agreements.
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Monarch Acquisition has the meaning given to such term in the Second Amendment. “Monarch Acquisition Agreements” means, collectively, the Monarch Membership
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Monarch Acquisition has the meaning given to such term in the Second Amendment.
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Examples of Monarch Acquisition in a sentence

  • Acquire any Person or any Business Unit of any Person or make or purchase any investment or permit any investment to be outstanding other than investments in existence as of the date hereof, acquisition of the assets of Monarch pursuant to the Monarch Acquisition Agreement and those permitted under Section 9.08, 9.10 and 9.11.

  • The Borrower is not in default under any of the Monarch Acquisition Agreement or under any instrument or document to be delivered in connection therewith.

  • The Appointed Agents are hereby authorized to enter into the ABL Intercreditor Agreement, the Monarch Acquisition Intercreditor Agreement, and any other usual and customary intercreditor or subordination agreements or arrangements approved in writing by the Required Lenders (collectively, the “Intercreditor Agreements”) to the extent contemplated by the terms hereof, and the parties hereto acknowledge that each such Intercreditor Agreement is binding upon them.

  • The Borrower shall cause any Person (including any Excluded Subsidiary or Unrestricted Subsidiary) that guarantees the obligations with respect to any Monarch Acquisition Seller Financing Debt or REV Energy Seller Financing Debt to become a Guarantor (if it is not already a Guarantor) pursuant to the foregoing Section 8.22(i).

  • Bank of America Corporation, a Delaware corporation ("PARENT"), Monarch Acquisition, Inc.

  • The representations and warranties made in the Monarch Acquisition Agreements by the Borrower and, to the best knowledge of the Borrower, by the sellers thereunder, are true and correct in all material respects on and as of the Effective Date as though made on and as of such date.

  • Concurrently with the execution of this Agreement, Parent, Monarch Acquisition, Inc., an Ohio corporation and wholly owned indirect Subsidiary of Parent ("Merger Sub"), and the Company are entering into an Agreement and Plan of Merger, dated as of the date hereof (as such agreement may hereafter be amended from time to time, the "Merger Agreement"), which provides for the merger of Merger Sub with and into the Company (the "Merger").

  • The closing of the transactions contemplated by the Monarch Acquisition Agreement shall occur after the making of the Term Loans, and the Borrower has not waived or in any way amended, without the prior written consent of the Agent, any condition to the obligations of the Borrower to consummate the transactions contemplated under the Monarch Acquisition Agreement.

  • The name of the limited liability company is GS Monarch Acquisition, LLC.

  • A true and complete copy of the Monarch Acquisition Agreement (including all exhibits, schedules and amendments thereto) has been delivered to the Agent.

Related to Monarch Acquisition

  • Stock Acquisition means the purchase or other acquisition by a Person or its Subsidiaries of all or substantially all of the Stock of any other Person.

  • Company Acquisition means any of the following transactions (other than the transactions contemplated by this Agreement): (i) a merger, consolidation, business combination, recapitalization, liquidation, dissolution or similar transaction involving the Company pursuant to which 50 the stockholders of the Company immediately preceding such transaction hold less than 65% of the aggregate equity interests in the surviving or resulting entity of such transaction, (ii) a sale or other disposition by the Company of assets representing in excess of 35% of the aggregate fair market value of the Company's business immediately prior to such sale or (iii) the acquisition by any person or group (including by way of a tender offer or an exchange offer or issuance by the Company), directly or indirectly, of beneficial ownership or a right to acquire beneficial ownership of shares representing in excess of 35% of the voting power of the then outstanding shares of capital stock of the Company.

  • Limited Condition Acquisition means any acquisition, including by way of merger, by the Borrower or one or more of its Restricted Subsidiaries permitted pursuant to this Agreement whose consummation is not conditioned upon the availability of, or on obtaining, third party financing.

  • Hostile Acquisition means (a) the acquisition of the Equity Interests of a Person through a tender offer or similar solicitation of the owners of such Equity Interests which has not been approved (prior to such acquisition) by the board of directors (or any other applicable governing body) of such Person or by similar action if such Person is not a corporation and (b) any such acquisition as to which such approval has been withdrawn.

  • Dividend Reinvestment Acquisition means an acquisition of Voting Shares pursuant to a Dividend Reinvestment Plan;