Permitted Acquisition Conditions means, in relation to any Permitted Acquisition:
Permitted Acquisition Conditions means, collectively, in relation to any particular Acquisition:
Permitted Acquisition Conditions means the delivery to the Administrative Agent of the following (unless waived or permitted to be delivered after the consummation of the applicable Acquisition by the Administrative Agent, in each case, in its reasonable discretion and other than the joinder to the Guaranty and the Collateral Documents described in clauses (a) and (b), the payoff letters described in clause (f) and the certificate described in clause (g)) in form acceptable to the Administrative Agent with respect to a proposed Permitted Acquisition:
Examples of Permitted Acquisition Conditions in a sentence
By their signatures below, and subject to the satisfaction of the other 2007 Permitted Acquisition Conditions, each New Borrower becomes a Borrower under the Credit Agreement with the same force and effect as if originally named therein as a Borrower, and each New Borrower hereby agrees to all the terms and provisions of the Credit Agreement applicable to it as a Borrower thereunder.
In the case of any Delayed-Draw Loans being used to fund a Permitted Acquisition in accordance with the APOD, the Permitted Acquisition Conditions have been satisfied.
More Definitions of Permitted Acquisition Conditions
Permitted Acquisition Conditions means, in respect of any Acquisition by a Loan Party or any Subsidiary thereof, each of the following conditions:
Permitted Acquisition Conditions means as to Permitted Acquisition, (i) no Event of Default has then occurred and is continuing or would result from any action and (ii) (a) Specified Availability on a pro forma basis immediately after giving effect to such action would be at least $67.5 million and (b) over the thirty (30) consecutive days prior to consummation of such Permitted Acquisition, average Availability shall not have been less than $67.5 million, on a pro forma basis for such Permitted Acquisition.
Permitted Acquisition Conditions means as to Permitted Acquisition, (i) no Event of Default has then occurred and is continuing or would result from any action and (ii) (a) Specified Availability on a pro forma basis immediately after giving effect to such action would be at least the greater of (x) 15.0% of the Line Cap and (y) $75.0 million67,500,000 and (b) over the 30 consecutive days prior to consummation of such Permitted Acquisition, average Specified Availability shall not have been less than the greater of (x) 15.0% of the Line Cap and (y) $75.0 million,67,500,000, on a pro forma basis for such Permitted Acquisition.
Permitted Acquisition Conditions means, collectively, in relation to any particular Acquisition, each of the following conditions:
Permitted Acquisition Conditions. (a) no Default or Event of -------------------------------- Default shall have occurred and be continuing or would result from the consummation of the proposed Acquisition, (b) the assets being acquired, or the Person whose securities are being acquired, are useful in or engaged in, as applicable, the pharmaceutical industry, (c) Borrower has provided Bank with confirmation, supported by reasonably detailed calculations that on a pro forma basis, including the incurrence of any debt, (adjusted to --- ----- eliminate expense items that would not have been incurred and include income items that would have been recognized, in each case, if the combination had been accomplished at the beginning of the period) created by adding the historical financial statements of Borrower and its Subsidiaries to the historical financial statements of the Person to be acquired (or the historical financial statements related to the assets to be acquired) pursuant to the proposed Acquisition, Borrower and its Subsidiaries would have been in compliance with the financial covenants in Sections 6.2(a), 6.2(b), and 6.2(c) of this Agreement as of the fiscal period ended immediately prior to the proposed date of consummation of such proposed Acquisition, (d) Borrower has provided Bank with copies of the definitive purchase and sale documentation, (e) the assets being acquired, or the Person whose securities are being acquired, are not acquired by means of a hostile takeover, and (f) in the case of an Acquisition of securities of a Person, such Person is either (i) merged with and into Borrower or its applicable Subsidiary or Subsidiaries that is making such Acquisition, with Borrower or such Subsidiary or Subsidiaries as the survivor of such merger, or (ii) such acquired Person becomes a direct or indirect Subsidiary of Borrower.
Permitted Acquisition Conditions means, with respect to any Permitted Acquisition, the following conditions: (a) no Default shall have occurred and be continuing on the date such Permitted Acquisition is consummated, before or after giving effect thereto, (b) the business acquired in the Permitted Acquisition, is principally engaged in the same line of business (or a business reasonably incidental thereto) as the US Borrower, (c) after giving effect to the consummation of such Permitted Acquisition, the Borrowers shall be in pro forma compliance with the covenants set forth in Section 9.2.4 for the most recent full Fiscal Quarter immediately preceding such consummation date for which the relevant financial information has been delivered pursuant to clause (a) or clause (b) of Section 9.1.1, (d) if such Permitted Acquisition or related group of Permitted Acquisitions has a purchase price (i) greater than $5,000,000 but less than or equal to $10,000,000, the US Borrower shall have provided to the US Agent documentation reasonably satisfactory to the US Agent that the ratio of the purchase price to pro forma EBITDA (determined without any deduction for expenses or fees incurred in connection with the Permitted Acquisition) of the Person or business subject to such Permitted Acquisition does not exceed 5.0 to 1.0 and (ii) greater than $10,000,000, the US Borrower shall have supplied such information concerning such Permitted Acquisition as the US Agent shall have reasonably requested and the Required Lenders shall have approved the Permitted Acquisition and (e) an Authorized Officer of the Borrowers shall have delivered to the US Agent a Pro Forma Compliance Certificate.
Permitted Acquisition Conditions means, at the time of determination with respect to any specified Acquisition and all payments with respect thereto, that (a) no Default or Event of Default then exists or would arise as a result of entering into such Acquisition, (b) no Cash Dominion Event then exists or would arise as a result of entering into such Acquisition, and (c) the Pro Forma Excess Availability Condition shall be satisfied. Prior to undertaking any Permitted Acquisition which is subject to the Permitted Acquisition Conditions, the Administrative Borrower shall deliver to the Administrative Agent evidence of satisfaction of the condition contained in clause (c) above on a basis reasonably satisfactory to the Administrative Agent.