Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company shall ensure that no other member of the Group will): (i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or (ii) incorporate a company. (b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is: (i) a Permitted Acquisition; or (ii) a Permitted Transaction.
Appears in 6 contracts
Sources: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company shall ensure that no other member of the Restricted Group will):) undertake:
(i) acquire the acquisition of a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate the incorporation of a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 6 contracts
Sources: Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Revolving Facility Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.)
Acquisitions. (a) Except as permitted under paragraph (b) below, no No Obligor shall (and the Company shall ensure that no other member of the Group will):
(i) acquire a company any share in, or any shares or securities or a business or undertaking (or, in each casesecurity issued by, any person, or any interest in therein (or agree to do any of themthe foregoing); or
(ii) incorporate acquire any business or going concern, or the whole or substantially the whole of the assets or business of any person, or any assets that constitute a companydivision or operating unit of the business of any person (or agree to do any of the foregoing).
(b) Paragraph (a) above does not apply to an any acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company investment which is:
(i) is a Permitted Acquisition; or
(ii) Acquisition or a Permitted Transaction.
Appears in 5 contracts
Sources: Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc), Amendment and Restatement Agreement (Rockwood Holdings, Inc.)
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company Parent shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 5 contracts
Sources: Subscription Agreement, Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA)
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company Parent shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) is a Permitted Acquisition; or
(ii) , a Permitted Joint Venture or a Permitted Transaction.
Appears in 4 contracts
Sources: Financing Agreement, Facilities Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company Borrower shall ensure that no other member of the Borrower Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) is a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 4 contracts
Sources: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX Group Inc.), Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) is a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 2 contracts
Sources: Multicurrency Senior Term, Bridge and Revolving Credit Facilities Agreement (Randstad North America, L.P.), Senior Facilities Agreement (Anheuser-Busch InBev S.A.)
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company Security Group Agent shall ensure procure that no other member of the Security Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 2 contracts
Sources: Amendment and Restatement Deed, Common Terms Agreement
Acquisitions. (a) 23.8.1 Except as permitted under paragraph (b) belowclause 23.8.2, no Obligor the Borrower shall not (and the Company shall ensure that no other member of the Group willshall):
(ia) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(iib) incorporate a company.
(b) Paragraph (a) above 23.8.2 Clause 23.8.1 does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(ia) a Permitted Acquisition; or
(iib) a Permitted Transaction.
Appears in 2 contracts
Sources: Facilities Agreement (Navios Maritime Holdings Inc.), Facilities Agreement (International Shipping Enterprises, Inc.)
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) is a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 2 contracts
Sources: Senior Facilities Agreement (NDS Group PLC), Mezzanine Facility Agreement (NDS Group PLC)
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 1 contract
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor the Company shall not (and the Company shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) is a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 1 contract
Sources: Facility Agreement
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor Loan Party shall (and the Company Parent shall ensure that no other member of the Restricted Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or;
(ii) a Permitted Transaction; or
(iii) a Permitted Merger.
Appears in 1 contract
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company Parent shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, shares or securities or of a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or;
(ii) a Permitted Transaction; or
(iii) a Permitted Joint Venture.
Appears in 1 contract
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor Loan Party shall (and the Company Parent shall ensure that no other member of the Restricted Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or
(ii) a Permitted TransactionTransaction or Permitted Merger.
Appears in 1 contract
Sources: Facilities Agreement (Igate Corp)
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor nor the Parent shall (and the Company shall ensure that no other member of the Group Company will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or;
(ii) a Permitted Joint Venture Investment; or
(iii) a Permitted Transaction.
Appears in 1 contract
Sources: Term and Revolving Facilities Agreement (ShangPharma Corp)
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company Parent shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or
(ii) a contemplated by paragraph (b) of the definition of Permitted Transaction.
Appears in 1 contract
Sources: Senior Term and Revolving Facilities Agreement (Inspired Entertainment, Inc.)
Acquisitions. (a) Except as permitted under paragraph (b) below, no No Obligor shall (and the Company Parent Guarantor shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (aSection 9.9(a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) is a Permitted Acquisition; or
(ii) Acquisition or a Permitted Transaction.
Appears in 1 contract
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company Security Group Agent shall ensure procure that no other member of the Security Group will):will):β
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:is:β
(i) a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 1 contract
Sources: Amendment and Restatement Deed
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and the Company shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to Acquisition or an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or
(ii) is a Permitted Transaction.
Appears in 1 contract
Sources: Interim Facilities Agreement
Acquisitions. (a) Except as permitted under paragraph (b) belowClause 19.9(b), no Obligor shall (and the Company shall ensure that no other member of the Group will):shall:
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (aClause 19.9(a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 1 contract
Sources: Note Purchase Agreement
Acquisitions. (a) Except as permitted under paragraph (b) belowbelow or otherwise agreed or notified by the Lender, no Obligor shall (and the Company Parent shall ensure that no other member of the Group will):
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 1 contract
Acquisitions. (a) Except as permitted under paragraph (b) below, no No Obligor shall (and the Company shall ensure that no other member of the Group will):): 10-16526587-2\13845-2639 117
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate a company.
(b) Paragraph (aClause 26.8(a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) is a Permitted Acquisition; or
(ii) Acquisition or a Permitted Transaction.
Appears in 1 contract
Acquisitions. (a) Except as permitted under paragraph (b) below, no Obligor shall (and other than the Company shall ensure that no other member of the Group will):Parent at all times after Project Completion) shall:
(i) acquire a company or any shares or securities or a business or undertaking (or, in each case, any interest in any of them); or
(ii) incorporate establish a companySubsidiary.
(b) Paragraph (a) above does not apply to an acquisition of a company, of shares, securities or a business or undertaking (or, in each case, any interest in any of them) or the incorporation of a company which is:
(i) a Permitted Acquisition; or
(ii) a Permitted Transaction.
Appears in 1 contract