Asset Purchases. Purchase or otherwise acquire (in 1 or a series of related transactions) any part of the property or assets (other than purchases or other acquisitions of inventory, materials and equipment in the ordinary course of business) of any Person, except that:
Asset Purchases. Purchase or otherwise acquire (in one or a series of related transactions) any part of the property or assets (other than purchases or other acquisitions of inventory, materials and equipment in the ordinary course of business) of any Person, except that expenditures for fixed or other non-current assets by the Borrower and its Subsidiaries shall be permitted to the extent not in violation of Section 5.02(b) (Capital Expenditures);
Asset Purchases. Except as permitted by Section 2.1(a) of this Agreement, deliver to the Bank concurrently with any request for a Revolving Credit Loan or Term Loan to finance the cost of an Asset Purchase:
Asset Purchases. Except in the case of the Borrower and its Subsidiary, acquire all or substantially all of the assets of any Person, except that Borrower or any of its Subsidiaries may, without the prior written consent of Lenders, acquire all or substantially all of the assets of any Person so long as (a) Borrower gives Lenders prior written notice of such acquisition, (b) such acquisition is in the same, similar or complementary business of Borrower, (c) neither Borrower nor any Subsidiary shall assume or create any liabilities or contingent obligations in connection with such acquisition in an amount in excess of $50,000,000 in the aggregate, (d) Agent for the ratable benefit of Lenders has a first priority security interest in the Accounts and Inventory acquired immediately following such acquisition, (e) the purchase price for such assets, when added to the purchase price paid for all other acquisitions of assets permitted pursuant to this Section 8.08 do not exceed $50,000,000 in the aggregate for the then current fiscal year and (f) there exists no Event of Default, or any event which, with the giving of notice or passage of time or both, or after giving effect to such acquisition, would constitute an Event of Default. In connection with any such acquisition, the Borrower or any such Subsidiary shall be permitted to secure the indebtedness permitted pursuant to clause (c) of this Section 8.08 with the assets acquired (other than Accounts and Inventory).
Asset Purchases. Concurrently with the execution of this Agreement, the Company and an affiliate of Xxxxxxxx have executed that certain Asset Purchase and Sale Agreement providing for the Company’s sale of certain assets to Xxxxxxxx or its affiliates (the “Asset Purchase and Sale Agreement”).
Asset Purchases. Pursuant to I.R.C. §§ 401 and 4975, the Manager may not enter into any asset purchase on behalf of the Company, which is considered a “Prohibited Transaction” under tax-law statutes for qualified plans. A Prohibited Transaction shall include, but is not limited to, the Company purchasing property from the Qualified Plan Owner, a spouse, ancestor, or lineal descendant of a Manager or a Member, who also, combined with their personal ownership and that of their qualified plan, owns fifty percent (50%) or more of the Company.
Asset Purchases. The Company, or its subsidiaries, shall have completed the Aerogroup Acquisition.
Asset Purchases. The Borrowers represent and warrant to the Agent and the Banks that they intend to operate:
Asset Purchases. (a) Quincy shall use its best efforts to enter into and perform its obligations under (i) that certain Asset Purchase Agreement, by and between Quincy and Ageless, attached hereto as Exhibit A (the "Ageless Purchase Agreement") and (ii) that certain Asset Purchase Agreement, by and among Quincy, Symco and Symbiotics, attached hereto as Exhibit B (the "Symco Purchase Agreement").
Asset Purchases. The transactions contemplated by the Controlled --------------- Asset Contribution Agreement and the MMPT Asset Purchase Agreements have been consummated in accordance with their respective terms and without breach by True North of any covenant or obligation thereunder.
