No Loan Party nor any Subsidiary thereof holds or intends to hold "margin stock" in such amounts that more than 25% of the reasonable value of its assets are represented by "margin stock." Neither the making of any Loan nor any use of proceeds of any such Loan will violate or conflict with the provisions of Regulation T, U or X of the Board of Governors of the Federal Reserve System, as amended from time to time.
No Loan Party has any obligation to any Person in respect of any finder's, broker's, investment banking or other similar fee in connection with any of the transactions contemplated under the Loan Documents.
No Loan Party is an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended. No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
Examples of No Loan Party in a sentence
No Loan Party is an “investment company”, or a company “controlled” by an “investment company”, within the meaning of the Investment Company Act of 1940, as amended.
No Loan Party is subject to regulation under any Requirement of Law (other than Regulation X of the Board) that limits its ability to incur Indebtedness.
No Loan Party nor any of its Subsidiaries is engaged principally, or as one of its important activities, in the business of extending credit for the purpose of purchasing or carrying any Margin Stock.
No Loan Party nor any of its Subsidiaries is a “registered investment company” or a company “controlled” by a “registered investment company” or a “principal underwriter” of a “registered investment company” as such terms are defined in the Investment Company Act of 1940.
No Loan Party is an "investment company", or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended.
More Definitions of No Loan Party
No Loan Party nor any Subsidiary nor any of its respective officers or employees, nor to the knowledge of any Loan Party, any director, agent or Affiliate thereof (i) Each of clauses (i) and (ii) of Section 4.17 of the Credit Agreement are amended to add "or any Sanctions" at the end thereof. (j) Section 4.18 of the Credit Agreement is hereby amended to delete the final sentence thereof. (k) The following is hereby inserted as Section 4.21 of the Credit Agreement, to appear in proper numerical order, to read in its entirety as follows: Section 4.21.
No Loan Party is an "investment company", an "affiliated person", "promoter" or "principal underwriter" of an "investment company" or "controlled" by an "investment company" (as such SPAR ESOP Term Loan Agreement terms are defined in the Investment Company Act). None of the transactions contemplated by this Agreement and the other Loan Instruments (including the making of the Loans and the permitted use of the proceeds thereof) will violate any provision of the Investment Company Act.
No Loan Party shall incur or maintain any Debt, other than: (a) the Obligations; (b) Debt described on SCHEDULE 6.9; (c) Capital Leases of Equipment and purchase money secured Debt incurred to purchase Equipment provided that (i) Liens securing the same attach only to the Equipment acquired by the incurrence of such Debt, and (ii) the aggregate amount of such Debt (including Capital Leases) outstanding does not exceed $10,000,000 at any time; (d) Debt consisting of Permitted Intercompany Advances to the extent consistent with SECTION 7.28; (e) Debt evidencing a refinancing, refunding, renewal or extension of the Debt described on SCHEDULE 6.9; provided that (i) the principal amount thereof is not increased, (ii) the Liens, if any, securing such refunded, renewed or extended Debt do not attach to any assets in addition to those assets, if any, securing the Debt to be refunded, renewed or extended, (iii) no Person that is not an obligor or guarantor of such Debt as of the Closing Date shall become an obligor or guarantor thereof, and (iv) the terms of such refinancing, refunding, renewal or extension are not materially less favorable to such Loan Party, the Agent or the Lenders than the original Debt; (f) Debt in respect of Hedge Agreements entered into for non-speculative purposes related to hedging interest rates, currency values and commodities in connection with the Core Business; (g) the endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of business; (h) Debt arising by reason of Guaranties by a Loan Party permitted under SECTION 7.12(B); (i) the Additional Debt in an amount not to exceed $302,500,000; and (j) other unsecured Debt in an aggregate principal amount at any time outstanding not to exceed $1,000,000.
No Loan Party has any chattel paper (whether tangible or electronic) or instruments with a value in excess of $100,000 as of the date hereof, except as set forth in the EXHIBIT 8.3(B). In the event that any Loan Party shall be entitled to or shall receive any chattel paper or instrument after the date hereof, such Loan Party or the Lead Borrower shall promptly notify Agent thereof in writing. Promptly upon the receipt thereof by or on behalf of such Loan Party (including by any agent or representative), such Loan Party or the Lead Borrower shall deliver, or cause to be delivered to Agent, all tangible chattel paper and instruments that such Loan Party or may at any time acquire, accompanied by such instruments of transfer or assignment duly executed in blank as Agent may from time to time specify, in each case except as Agent may otherwise agree. At Agent's option, such Loan Party or the Lead Borrower shall, or Agent may at any time on behalf of such Loan Party, cause the original of any such instrument or chattel paper to be conspicuously marked in a form and manner acceptable to Agent with the following legend referring to chattel paper or instruments as applicable: "This [chattel paper][instrument] is subject to the security interest of Fleet Retail Finance, Inc., as Agent for certain Revolving Credit Lenders and any sale, transfer, assignment or encumbrance of this [chattel paper][instrument] violates the rights of such secured party."
No Loan Party nor any Subsidiary thereof is engaged in the business of extending credit to others for the purpose of buying or carrying "margin stock." No Loan Party nor any Subsidiary thereof holds or intends to hold "margin stock" in such amounts that more than 25% of the reasonable value of its assets are represented by "margin stock." Neither the making of any Loan nor any use of proceeds of any such Loan will violate or conflict with the provisions of Regulation T, U or X of the Board of Governors of the Federal Reserve System, as amended from time to time.
No Loan Party nor any Subsidiary thereof is engaged in the business of
No Loan Party has filed any notice under applicable Requirement of Law reporting a Release of a Contaminant into the environment; (vii) there is not on or in the Real Property of any such Loan Party nor has there been under such Loan Party's ownership or occupancy of such Real Property: (A) any treatment, storage or disposal of any hazardous waste, as that term is defined under 40 CFR Part 261 or any applicable state equivalent, by such Loan Party, except in material compliance with all Environmental, Health or Safety Requirements of Law, (B) any underground storage tanks or surface impoundments, (C) any asbestos- containing material, or (D) any polychlorinated biphenyls (PCB's) used in hydraulic oils, electrical transformers or other equipment; (viii) no Loan Party has received any written notice or Claim to the effect that it is or may be liable to any Person as a result of the Release or threatened Release of a Contaminant into the environment; (ix) no Loan Party's present Property or the Loan Party's past Property is listed or proposed for listing on the National Priorities List pursuant to CERCLA ("NPL") or on the Comprehensive Environmental Response Compensation Liability Information System List ("CERCLIS") or any similar state list of sites requiring Remedial Action; and (x) no Environmental Lien has attached to any Property of any Loan Party.