Common use of Business of Holdings Clause in Contracts

Business of Holdings. the Borrower and their Subsidiaries. Engage at any time in any business or business activity other than (a) in the case of the Borrower and its Subsidiaries other than the Co-Borrower, any business or business activity conducted by it on the date hereof and any business or business activities incidental or related thereto or the manufacture, marketing or sale of containers or any business or activity that is reasonably similar thereto or a reasonable extension, development or expansion thereof or ancillary thereto, including the consummation of the Transaction, (b) in the case of Holdings, (i) the ownership of the Equity Interests in the Borrower, CapCo II and Opco GP, together with activities directly related thereto, (ii) performance of its obligations under and in connection with the Loan Documents and under the Holdings Discount Notes Documents, the Senior Subordinated Notes Documents or any refinancing thereof permitted by this Agreement, the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (iii) actions incidental to the consummation of the Transaction, (iv) actions required by law to maintain its existence, (v) the redemption of the Holdings Discount Notes in accordance with this Agreement, (vi) the IPO Reorganization and (vii) sales of its capital stock, (c) in the case of Opco GP, (i) the ownership of the general partnership interest in the Borrower, together with activities directly related thereto, (ii) performance of its obligations under and in connection 100 with the Loan Documents, the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (iii) actions incidental to the consummation of the Transaction and (iv) actions required by law to maintain its existence and (d) in the case of CapCo II and the Co-Borrower, (i) performance of their obligations under and in connection with the Loan Documents, the Holdings Discount Notes (or any refinancing thereof permitted by this Agreement), the Senior Subordinated Notes (or any refinancing thereof permitted by this Agreement), the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (ii) actions incidental to the consummation of the Transaction, (iii) actions required by law to maintain their status as a corporation and (iv) the IPO Reorganization.

Appears in 2 contracts

Samples: Credit Agreement (Graham Packaging Holdings Co), Credit Agreement (Graham Packaging Holdings Co)

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Business of Holdings. the Borrower and their Subsidiaries. Engage at any time in any business or business activity other than (a) in the case of the Borrower and its Subsidiaries other than the Co-Borrower, any business or business activity conducted by it on the date hereof and any business or business activities incidental or related thereto or the manufacture, marketing or sale of containers or any business or activity that is reasonably similar thereto or a reasonable extension, development or expansion thereof or ancillary thereto, including the consummation of the Transaction, (b) in the case of Holdings, (i) the ownership of the Equity Interests in the Borrower, CapCo II and Opco GP, together with activities directly related thereto, (ii) performance of its obligations under and in connection with the Loan Documents and under the Holdings Discount Notes Second-Lien Credit Documents, the Senior Note Documents, the Senior Subordinated Notes Documents or any refinancing thereof permitted by this Agreement, the Stockholders Agreement stockholders agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (iii) actions incidental to the consummation of the Transaction, (iv) actions required by law to maintain its existence, (v) the redemption of the Holdings Discount Notes in accordance with this Agreement, (vi) the IPO Reorganization and (viivi) sales of its capital stock, (c) in the case of Opco GP, (i) the ownership of the general partnership interest in the Borrower, together with activities directly related thereto, (ii) performance of its obligations under and in connection 100 with the Loan Documents, the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (iii) actions incidental to the consummation of the Transaction and (iv) actions required by law to maintain its existence and (d) in the case of CapCo II and the Co-Borrower, (i) performance of their obligations under and in connection with the Loan Documents, the Holdings Discount Second-Lien Credit Documents (or any refinancing thereof permitted by this Agreement), Senior Notes (or any refinancing thereof permitted by this Agreement), the Senior Subordinated Notes (or any refinancing thereof permitted by this Agreement), the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (ii) actions incidental to the consummation of the Transaction, (iii) actions required by law to maintain their status as a corporation and (iv) the IPO Reorganization.

Appears in 1 contract

Samples: Credit Agreement (Graham Packaging Holdings Co)

Business of Holdings. the Borrower and their Subsidiaries. Engage at any time in any business or business activity other than (a) in the case of the Borrower and its Subsidiaries other than the Co-Borrower, any business or business activity conducted by it on the date hereof and any business or business activities incidental or related thereto or the manufacture, marketing or sale of containers or any business or activity that is reasonably similar thereto or a reasonable extension, development or expansion thereof or ancillary thereto, including the consummation of the Transaction, (b) in the case of Holdings, (i) the ownership of the Equity Interests in the Borrower, CapCo II and Opco GP, together with activities directly related thereto, (ii) performance of its obligations under and in connection with the Loan Documents and under the Holdings Discount Notes Documents, the Senior Subordinated Notes Documents or any refinancing thereof permitted by this Documents, the Recapitalization Agreement, the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (iii) actions incidental to the consummation of the TransactionRecapitalization, (iv) actions required by law to maintain its existence, existence and (v) the redemption of the Holdings Discount Notes in accordance with this Agreement, (vi) the IPO Reorganization and (vii) sales of its capital stockReorganization, (c) in the case of Opco GP, (i) the ownership of the general partnership interest in the Borrower, together with activities directly related thereto, (ii) performance of its obligations under and in connection 100 with the Loan DocumentsDocuments and under the Recapitalization Agreement, the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (iii) actions incidental to the consummation of the Transaction Recapitalization and (iv) actions required by law to maintain its existence and (d) in the case of CapCo II and the Co-Borrower, (i) performance of their obligations under and in connection with the Loan Documents, the Holdings Discount Notes (or any refinancing thereof permitted by this Agreement)Notes, the Senior Subordinated Notes (or any refinancing thereof permitted by this Agreement), the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (ii) actions incidental to the consummation of the TransactionRecapitalization, (iii) actions required by law to maintain their status as a corporation and (iv) the IPO Reorganization.

Appears in 1 contract

Samples: Pledge Agreement (Graham Packaging Holdings Co)

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Business of Holdings. the Borrower and their Subsidiaries. Engage at any time in any business or business activity other than (a) in the case of the Borrower and its Subsidiaries other than the Co-Borrower, any business or business activity conducted by it on the date hereof and any business or business activities incidental or related thereto or the manufacture, marketing or sale of containers or any business or activity that is reasonably similar thereto or a reasonable extension, development or expansion thereof or ancillary thereto, including the consummation of the Transaction, (b) in the case of Holdings, (i) the ownership of the Equity Interests in the Borrower, CapCo II Borrower and Opco GP, together with activities directly related thereto, (ii) performance of its obligations under and in connection with the Loan Documents and under the Holdings Discount Notes Documents, the Senior Subordinated Notes Documents or any refinancing thereof permitted by this Agreementand the New Senior Subordinated Note Documents, the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (iii) actions incidental to the consummation of the Transaction, (iv) actions required by law to maintain its existence, existence and (v) the purchase, cancellation and redemption of the Holdings Discount Notes in accordance with this Agreement, (vi) the IPO Reorganization and (vii) sales of its capital stock, (c) in the case of Opco GP, (i) the ownership of the general partnership interest in the Borrower, together with activities directly related thereto, (ii) performance of its obligations under and in connection 100 with the Loan Documents, the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (iii) actions incidental to the consummation of the Transaction and (iv) actions required by law to maintain its existence and (d) in the case of CapCo II and the Co-Borrower, (i) performance of their its obligations under and in connection with the Loan Documents, the Holdings Discount Notes (or any refinancing thereof permitted by this Agreement)Senior Subordinated Notes, the New Senior Subordinated Notes (or any refinancing thereof permitted by this Agreement)Note Documents, the Stockholders Agreement executed in connection with the Recapitalization Agreement and other agreements contemplated thereby, (ii) actions incidental to the consummation of the Transaction, Transaction and (iii) actions required by law to maintain their its status as a corporation and (iv) the IPO Reorganizationcorporation.

Appears in 1 contract

Samples: Credit Agreement (Graham Packaging Co)

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