Common use of Asset Purchases Clause in Contracts

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 for any: (i) purchases where the Borrower has received consent from the Required Lenders to such purchase or acquisition;(ii) Investments may be made to the extent permitted by Section 5.02(k) (Permitted Investments); and (ii) Permitted Acquisitions so long as: (A) no Event of Default or Potential Event of Default shall have occurred at the time of, or after giving effect to, such Permitted Acquisition; (B) where the Borrower has received consent from the Required Lenders to such Permitted Acquisition; (C) all representations and warranties contained in the IFC Financing Documents are true and correct in all material respects; and (D) the Borrower shall have given 10 days’ prior written notice of such Permitted Acquisition, together with a certificate from its chief financial officer certifying compliance with the foregoing;

Appears in 2 contracts

Sources: Loan Agreement (China Education Investment Holding), Loan Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)