Activities of Borrower. The Borrower shall not engage in any business or activity of any kind, or enter into any transaction or indenture, mortgage, instrument, agreement, contract, Loan or other undertaking, which is not incidental to the transactions contemplated and authorized by this Agreement or the Purchase Agreement.
Activities of Borrower. (a) Neither Borrower nor any of its Subsidiaries shall amend, modify or waive or terminate any provision of, or permit or agree to the amendment, modification, waiver or termination of any provision of, any of the Loan Documents, License Agreements or any material Contract related to the LFRP that could reasonably be expected to have a Material Adverse Effect without the prior written consent of the Agent.
Activities of Borrower. The Borrower shall not engage in any business or activity of any kind, other than the businesses engaged in on the date hereof, including originating or acquiring Loans the Obligors of which are fast-growing companies, and businesses reasonably related, complementary or incidental thereto in accordance with the Investment Policy.
Activities of Borrower. Without the prior written consent of the Lender, such Borrower shall not engage in any business or activity of any kind, or enter into any transaction or indenture, mortgage, instrument, agreement, contract, or other undertaking, which is not incidental to the transactions contemplated and authorized by this Agreement, any other Facility Document or the Senior Facility Documents; provided that Borrowers shall be permitted to acquire and hold single-family residential real estate for rental purposes, without the prior written consent of the Lender.
Activities of Borrower. Section 10.01 of the Existing Loan Agreement is hereby amended to add the following at the end thereof: “; provided that this Section 10.01 shall not prohibit Borrower from terminating any Included Product Agreement so long as before and after giving effect thereto, the Margin Requirement shall be satisfied”
Activities of Borrower. The Borrower was formed for the sole purpose of acquiring and holding all of the outstanding equity securities of Woodcraft and, except for the foregoing, the Borrower has conducted no business activities, entered into no transactions, incurred no liability and taken no actions, directly or indirectly, that would have violated Section 5.12 of this Agreement.
Activities of Borrower. Borrower shall not, and shall cause its Subsidiaries not to, without the prior written consent of Lender, amend, modify, waive or terminate any provision of, or agree to the amendment, modification, waiver or termination of any provision of, any Loan Document, Borrower Document or Material Contract, if the effect of such amendment, modification, waiver or termination (i) is material and adverse to Lender’s rights or Borrower’s ability to perform its obligations under this Agreement, (ii) is material and adverse to any material portion of the Collateral, or (iii) would materially and adversely affect the Revenue Participation.
Activities of Borrower. The Borrower was formed as a company with limited liability on August 2, 2011. At all times since the date of its formation, the Borrower has not engaged in any activities or business other than entering into the Loan Documents.
Activities of Borrower. (a) Borrower shall not amend, modify, waive or terminate (other than expiration in accordance with its terms) any provision of, or permit or agree to the amendment, modification, waiver or termination (other than expiration in accordance with its terms) of any provision of, any of the Transaction Documents or the License Agreement, such consent not to be unreasonably withheld or delayed. Borrower shall comply with all terms and conditions of and fulfill all obligations under each Material Contract to which it is a party, and shall use Commercially Reasonable and Diligent Efforts to seek to enforce its rights and remedies thereunder in effecting any amendment, modification, waiver or termination thereof, except as would not reasonably be expected to result in a Material Adverse Effect. Borrower shall not establish or acquire any Subsidiaries except in the exercise of Commercially Reasonable and Diligent Efforts to Commercialize ADS-5102.
Activities of Borrower. (a) Borrower shall not amend, modify, waive or terminate (other than expiration in accordance with its terms) any provision of, or permit or agree to the amendment, modification, waiver or termination (other than expiration in accordance with its terms) of any provision of, any of the Transaction Documents or the License Agreement, without the consent of Lender (x) in its sole and absolute discretion, if the related amendment, modification, waiver or termination could reasonably be expected to have an adverse effect, in any respect, on the timing, amount or duration of the Included Royalty Interest or the right of Lender to receive the Included Royalty Interest and (y) with respect to any other matters, such consent not to be unreasonably withheld or delayed. Borrower shall not establish or acquire any Subsidiaries.
