Restricted Agreements definition

Restricted Agreements means, collectively, each Management Agreement, Omega Debt Document, Commercial Lease, agreement, document or instrument entered into in connection with (directly or indirectly) the Borrower Cash Management Program, the Restructuring Stock Issuance and Subscription Agreement, the Preferred Stock Certificate of Designation, any other agreement, document or instrument between or among the Credit Parties and any agreement, document or instrument pertaining to (directly or indirectly) any of the foregoing.

Restricted Agreements is defined in Section 7.2.10.

Restricted Agreements has the meaning set forth in the definition of “Collateral.”

Examples of Restricted Agreements in a sentence

• All other terms and conditions of the Restricted Agreements shall remain in full force and effect as written.

• The Board of Directors shall have the faculties to determine if one or more Persons who intend to execute Restricted Agreements or who had acquired or intend to acquire Shares, are acting, or presumably acting, in a joint, coordinated or united way with other or others or are Related Persons, in which cases, these Persons shall be considered as only one Person for the effects provided in this Title.

• The Company is party to certain agreements that are subject to confidentiality or non-disclosure obligations or restrictions ("Restricted Agreements") which have not been made available to the Purchaser.

• With respect to the Restricted Agreements that, in the Company's reasonable belief are material the Company agrees to use its commercially reasonable best efforts to make the Restricted Agreement or a summary thereof available to Purchaser for inspection and review.

• NEGATIVE COVENANTS 20 Section 7.1. Indebtedness 20 Section 7.2. Negative Pledge 21 Section 7.3. Fundamental Changes 21 Section 7.4. Restricted Payments 22 Section 7.5. Restricted Agreements 22 Section 7.6 Investments, Etc 22 ARTICLE VIII.

More Definitions of Restricted Agreements

Restricted Agreements means, collectively, the Lease, the Management Agreement, each agreement, document or instrument entered into in connection with (directly or indirectly) Borrower Cash Management Program, the Acquisition Documents, and any other agreement, document or instrument between or among the Credit Parties and any agreement, document or instrument pertaining to (directly or indirectly) any of the foregoing.

Restricted Agreements means every agreement, covenant, contract or any other legal act of any nature, either verbal or written, by means of which mechanisms or agreements of vote association are made or adopted, for one or more shareholders meetings of the Corporation, provided that the number of grouped votes results in a number equal or higher than 5% (five percent) or more of the total Shares in which the capital stock is divided. The Restricted Agreements do not comprise the agreements made by shareholders for the appointment of minority Directors.

Restricted Agreements shall have the meaning ascribed thereto in Section 4.2.1 hereof;

Restricted Agreements. 5.11 "Restricted Stock" 1.3(b) "Retention Plan" 5.6 "SEC" 3.6(a) "Securities Act" 3.6 "Senior Credit Facility" 3.4 "Shares" 1.2(a) "Significant Suppliers" 3.15(c) "Stock Price" 1.2(a) "Structural Assumptions" 4.7 "Structural Documents" 6.3 "Subsequent Transactions" 7.3(b) "Subsidiary" 3.1 "Superior Proposal" 9.1(i) "Surviving Corporation" 1.1(a) "Takeover Statute" 3.2(b) "Tax Return" 3.12(a) "Taxes" 3.12(g) "Taxing Authority" 3.12(h) "Third Party Payor Program" 3.13(d)(xvi) "Third Party Payors" 3.13(d)(xvii) "transactions contemplated by this Agreement" 10.10(a) "WARN" 3.18(c) AGREEMENT AND PLAN OF MERGER THIS AGREEMENT AND PLAN OF MERGER dated as of the 29th day of June, 2004, by and among MARINER HEALTH CARE, INC., a Delaware corporation (the "Company"), NATIONAL SENIOR CARE, INC., a Delaware corporation ("Purchaser") and NCARE Acquisition Corp., a Delaware corporation and wholly owned subsidiary of Purchaser ("Merger Sub").

Restricted Agreements means, collectively, each Management Agreement, each Commercial Lease, each agreement, document or instrument entered into in connection with (directly or indirectly) the Borrower Cash Management Program, the Kansas Acquisition Documents, and, if applicable at any time, any material agreement entered into by a Borrower in connection with a Permitted Acquisition, and any other agreement, document or instrument between or among the Credit Parties and any agreement, document or instrument pertaining to (directly or indirectly) any of the foregoing. DM3\2429630.8

Restricted Agreements means, collectively, each Management Agreement, each Commercial Lease, each agreement, document or instrument entered into in connection with (directly or indirectly) the Borrower Cash Management Program, the Hutchinson Acquisition Documents, the Selma Acquisition Documents, and, if applicable at any time, any material agreement entered into by a Borrower in connection with a Permitted Acquisition (including, without limitation, each Acquisition Agreement), the Settlement Agreement, and any other agreement, document or instrument between or among the Credit Parties and any agreement, document or instrument pertaining to (directly or indirectly) any of the foregoing.

Restricted Agreements means any accord, agreement, contract or any other legal acts of any nature, oral or written, in virtue of which mechanisms or arrangements are formed or adopted for associating votes in one or several shareholders’ meetings of the Corporation, as long as the number of grouped votes gives a number equal to or greater than 5% (FIVE PERCENT) or more of the total number of Shares into which the Capital Stock is divided. The Restricted Agreements do not include the accords made by shareholders for the appointment of minority Board Members.