Common use of Acquisition, etc Clause in Contracts

Acquisition, etc. The following transactions shall have been consummated, in each case on terms and conditions reasonably satisfactory to the Lenders: (i) The Purchase shall have been consummated or shall be consummated substantially simultaneously with the closing under this Agreement in accordance with the Purchase Agreement and all other related documentation, and no material provision of the Purchase Agreement shall have been waived, amended, supplemented or otherwise modified in any manner that is adverse to the interests of the Lenders without the prior written consent of the Administrative Agent. (ii) The Equity Financing shall have been consummated. (iii) The Borrower shall have received at least $150,000,000 in gross cash proceeds from the issuance of the Senior Subordinated Notes.