Without Bank s prior written consent, Borrower shall not create, incur, assume, or suffer to exist, or permit any Subsidiary to create, incur, assume, or suffer to exist, any Lien upon any of its property or assets, now owned or hereafter acquired, except for the following ("Permitted Liens"):
Without Bank s prior written consent, Borrower shall not incur, assume, or suffer to exist, or permit any Subsidiary to incur, assume, or suffer to exist, any debt other than (i) the Obligations; (ii) indebtedness and liabilities of Borrower identified in EXHIBIT 4.13; (iii) indebtedness and liabilities of Borrower that have been subordinated to the Obligations by written agreement in form and substance acceptable to Bank; (iv) accounts payable to trade creditors for goods or services that are incurred in the ordinary course of business, as presently conducted, and paid within a reasonable time, unless contested in good faith and by appropriate proceedings; and (vi) debt of the Borrower secured by purchase-money liens that are Permitted Liens.
Without Bank s prior written consent, Borrower shall not declare or pay any dividends; or purchase, redeem, retire, or otherwise acquire for value any of its capital stock now or hereafter outstanding; or make any distribution of assets to its shareholders as such whether in cash, assets, or in obligations of the Borrower; or allocate or otherwise set apart any sum for the payment of any dividend or distribution on, or for the purchase, redemption, or retirement of any shares of its capital stock; or make any other distribution by reduction of capital or otherwise in respect of any shares of its capital stock, except that the Borrower (1) may declare and deliver dividends and make distributions payable solely in common stock of the Borrower; and (2) may purchase or otherwise acquire shares of its capital stock by exchange for or out of the proceeds received from a substantially concurrent issue of new shares of its capital stock.
Examples of Without Bank in a sentence
McGovern, Asbestos Litigation II: Section 524(g) Without Bank- ruptcy, 31 PEPP.
Without Bank assistance, the government implemented a number of actions that strengthened the country’s capacity to monitor effectively, distribute vaccines, medicines, and medical supplies, and expand the country’s strategic reserves of these supplies.
Without Bank One's prior written consent, which consent shall not be unreasonably withheld, no Related Person shall make any payment on the Subordinated Debt prior to the stated maturity thereof; provided that the Related Persons may pay interest on the Subordinated Debt without Bank One's consent so long as no Default or Event of Default shall have occurred and be continuing.
Sharia Property Purchase Decision Without Bank: Analysis Of The Influence Of Price Factors Environment And Religiosity.
Without Bank s consent, which shall not be unreasonably withheld, (a) sell, transfer, pledge or assign any shares of stock or other ownership interests in Borrower or any of its subsidiaries or (b) execute or agree to any further negative pledges of such shares of stock or other ownership interests in Borrower or any of its subsidiaries.
More Definitions of Without Bank
Without Bank s Prior written consent, Borrower shall not make any loan or advance to any Person, or purchase or otherwise acquire any capital stock, assets, obligations, or other securities of, make any capital contribution to, or otherwise invest in or acquire any interest in any Person, or participate as a partner or joint venturer with any other Person, except: (1) direct obligations of the United States or any agency thereof with maturities of one year or less from the date of acquisition; (2) commercial paper of a domestic issuer rated at least "A-1" by Standard & Poor's Corporation or "P-1" by Moodx'x Xxxestors Service, Inc.;
Without Bank s prior written consent, Borrower shall not assume, guarantee, endorse, or otherwise be or become directly or contingently responsible or liable (including, but not limited to, an agreement to purchase any obligation, stock, assets, goods, or services, or to supply or advance any funds, assets, goods, or services, or an agreement to maintain or cause such Person to maintain a minimum working capital or net worth, or to otherwise assure the creditors of any Person against loss) for obligations of any Person, except guaranties by endorsement of negotiable instruments for deposit or collection or similar transactions in the ordinary course of business.
Without Bank s prior written consent, Borrower shall not enter into any transaction, including, without limitation, the purchase, sale, or exchange of property or the rendering of any service, with any Affiliate except in the ordinary course of and pursuant to the reasonable requirements of the Borrower's business and upon fair and reasonable terms no less favorable to the Borrower than would obtain in a comparable arm's-length transaction with a Person not an Affiliate; except that Borrower may repay Affiliate Debt, as listed on Exhibit 4.13 at anytime.
Without Bank s prior written consent, directly or indirectly acquire or own any Person, or make any Investment in any Person, other than Permitted Investments, or permit any of its Subsidiaries to do so where the required cash investment is greater than $5,000,000. Pay any dividends or make any distribution or payment or redeem, retire or purchase any capital stock.
Without Bank s prior written consent, Borrower shall not (i) liquidate, discontinue or materially reduce its normal operations with intention to liquidate; (ii) cause, allow or suffer to occur (a) the merger or consolidation of or involving Borrower with or into any corporation, partnership, or other entity; or (b) the sale, leasing, licensing, transfer or other disposal of all or any substantial part of its assets; (iii) acquire any interest(s) in any corporation, partnership or other entity, whether by stock or asset purchase or acquisition or otherwise; (iv) enter into any lease which could be characterized a-s a capitalized lease; or (v) cause, allow, or suffer to occur any change in the nature of the business of Borrower.
Without Bank s prior written consent, Borrower shall not incur, assume, or suffer to exist, any debt other than (i) the Obligations; (ii) indebtedness and liabilities of Borrower that have been subordinated to the Obligations by written agreement in form and substance acceptable to Bank; (iii) accounts payable to trade creditors for goods or services that are not aged more than ninety (90) days from the billing date and current operating liabilities (other than for borrowed money) that are not more than ninety (90) days past due, in each case incurred in the ordinary course of business, as presently conducted, and paid within the specified time, unless contested in good faith and by appropriate proceedings; and (iv) debt of the Borrower secured by purchase-money liens that are Permitted Liens.
Without Bank s Prior written consent, Borrower shall not declare or pay any dividends; or purchase, redeem, retire, or otherwise acquire for value any of its capital stock now or hereafter outstanding; or make any distribution of assets to its shareholders as such whether in cash, assets, or in obligations of the Borrower; or allocate or otherwise set apart any sum for the payment of any dividend or distribution on, or for the purchase, redemption, or retirement of any shares of its capital stock; or make any other distribution by reduction of capital or otherwise in respect of any shares of its capital stock, except that the Borrower (1) may declare and deliver dividends and make distributions payable solely in common stock of the Borrower; (2) may purchase or otherwise acquire shares of its capital stock by exchange for or out of the proceeds received from a substantially concurrent issue of new shares of its capital stock; (3) may declare and deliver dividends or make distributions to Borrower's shareholders to permit the shareholders to pay federal and, as applicable, state and local income taxes then due and owing to the extent attributable to the shareholders' ownership of Borrower's stock.; and (4) may distribute up to $5,000,000 representing the cumulative Adjustment Accounts as defined by the Internal Revenue Service upon the closing of Borrower's initial public offering.