Conduct of Business; Subsidiaries; Acquisitions. Neither the Company nor any of its Significant Subsidiaries shall engage in any business other than the businesses engaged in by the Company on the date hereof and any business or activities which are reasonably similar, related or incidental thereto or logical extensions thereof. The Company shall not create, acquire or capitalize any Subsidiary after the date hereof unless (i) no Default or Unmatured Default which is not being cured shall have occurred and be continuing or would result therefrom; (ii) after such creation, acquisition or capitalization, all of the representations and warranties contained herein shall be true and correct in all material respects (unless such representation and warranty is made as of a specific date, in which case, such representation or warranty shall be true in all material respects as of such date); and (iii) after such creation, acquisition or capitalization the Company shall be in compliance with the terms of Section 7.2(K) and Section 7.3(L). Neither the Company nor any Significant Domestic Subsidiary shall make any Acquisitions, other than Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”):
Conduct of Business; Subsidiaries; Acquisitions. (i) Neither the Borrower nor any of its Subsidiaries shall engage in any business other than the businesses engaged in by the Borrower on the date hereof and any business or activities which are substantially similar, related or incidental thereto.
Conduct of Business; Subsidiaries; Acquisitions. (i) Neither the Borrower nor any of its Subsidiaries shall engage in any business other than the businesses engaged in by the Borrower on the Closing Date and any business or activities which are substantially similar, related or incidental thereto.
Conduct of Business; Subsidiaries; Acquisitions. Neither the Borrower nor any of its Subsidiaries shall engage in any business other than the businesses engaged in by the Borrower on the date hereof and any business or activities which are reasonably similar, related or incidental thereto or logical extensions thereof. The Borrower shall not create, acquire or capitalize any Subsidiary after the date hereof unless (i) no Default or Unmatured Default which is not being cured shall have occurred and be continuing or would result therefrom; (ii) after such creation, acquisition or capitalization, all of the representations and warranties contained herein shall be true and correct in all material respects (unless such representation and warranty is made as of a specific date, in which case, such representation or warranty shall be true in all material respects as of such date); and (iii) after such creation, acquisition or capitalization the Borrower shall be in compliance with the terms of Section 7.2(K) and Section 7.3
Conduct of Business; Subsidiaries; Acquisitions. (a) Neither the Company nor any of its Subsidiaries shall engage in any business other than the businesses engaged in by the Company and its Subsidiaries on the Closing Date and any business or activities which are substantially similar, related or incidental thereto or logical extensions thereof. The Company shall not create, acquire or capitalize any Subsidiary after the Amendment No. 5 Closing Date unless (w) no Default or Event of Default shall have occurred and be continuing or would result therefrom; (x) such Subsidiary concurrently becomes a Subsidiary Guarantor; (y) after such creation, acquisition or capitalization, all of the representations and warranties contained herein shall be true and correct (unless such representation and warranty is made as of a specific date, in which case, such representation or warranty shall be true and correct as of such date); and (z) after such creation, acquisition or capitalization the Company and such Subsidiary shall be in compliance with the terms of Section 6.13 and Section 7.16.
Conduct of Business; Subsidiaries; Acquisitions. Neither the Borrower nor any of its Subsidiaries shall engage in any business other than the businesses engaged in by the Borrower and its Subsidiaries on the date hereof and any business or activities which are substantially similar, related or incidental thereto or logical extensions thereof. Without the prior written consent of the Required Lenders, the Borrower shall not create, acquire or capitalize any Subsidiary (a "New Subsidiary") after the date hereof unless (i) no Default or Unmatured Default shall have occurred and be continuing or would result therefrom; (ii) after such creation, acquisition or capitalization, all of the representations and warranties contained herein shall be true and correct (unless such representation and warranty is made as of a specific date, in which case, such representation or warranty shall be true and correct as of such date); and (iii) after such creation, acquisition or capitalization, the Borrower and its Subsidiaries shall be in compliance with the terms of Sections 7.2(J) and (K) and Section 7.3(Q). Without the prior written consent of the Required Lenders, the Borrower shall not make any Acquisitions, other than (x) the Acquisition Transactions, (y) the Arlington Acquisition and (z) Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition Transaction, the Arlington Acquisition or other Acquisition complying with the following requirements constituting a "Permitted Acquisition"): no Default or Unmatured Default shall have occurred and be continuing or would result from such Acquisition or the incurrence of any Indebtedness in connection therewith; in the case of an Acquisition of Equity Interests of an entity, the Acquisition shall be of at least ninety percent (90%) of the Equity Interests of such entity (provided that the Borrower or its Subsidiaries shall be permitted to purchase any percentage of the Equity Interests of Mandara not owned by the Borrower upon consummation of the Mandara Acquisition, subject to compliance with the remaining provisions of this Section 7.3(G)), and such acquired entity shall be (x) merged with and into the Borrower or any wholly-owned Subsidiary immediately following such Acquisition, with the Borrower or such wholly-owned Subsidiary being the surviving entity following such merger or (y) the results of operations of such entity shall be reported on a consolidated basis with the Borrower and its consolidated Subsidiarie...
Conduct of Business; Subsidiaries; Acquisitions. (a) No Borrower shall, or shall permit any Borrower Subsidiary to, engage in any business other than the businesses engaged in by it on the date hereof and any business or activities which are substantially similar, related or incidental thereto.
Conduct of Business; Subsidiaries; Acquisitions. (a) Neither the Company nor any of its Subsidiaries shall engage in any business other than the businesses engaged in by the Company on the date hereof and any business or activities which are substantially similar, related or incidental thereto. Holdings shall engage in no business or activity other than acting as the parent of the Company and owning all of the issued and outstanding shares of the common stock of the Company and activities reasonably related thereto or as otherwise permitted by the Loan Documents. The Subsidiaries of the Company (other than Borrowers) conducting business in Europe shall not engage in any business or activity other than acting as the agent for Pegasus pursuant to the terms of an agency agreement between Pegasus and such Subsidiary, in form and substance reasonably satisfactory to the Senior Revolving Lenders.
Conduct of Business; Subsidiaries; Acquisitions. No member of the Barneys Group shall engage in any business other than the businesses engaged in by the Borrowers on the date hereof and any business or activities which are substantially similar, related or incidental thereto. No member of the Barneys Group shall sell or otherwise dispose of, or permit the sale or disposition of, any shares of Capital Stock of any of its Subsidiaries except to other members of the Barneys Group. No member of the Barneys Group shall enter into or permit any transaction or series of transactions in which such member or any other member of the Barneys Group acquires all or any significant portion of the assets of another Person.
Conduct of Business; Subsidiaries; Acquisitions. (i) Neither the Borrower nor any of its Subsidiaries shall engage in any business other than the businesses engaged in by the Borrower on the date hereof and any business or activities which are substantially similar, related or incidental thereto. IHC shall not, either directly or indirectly, engage in any operating business enterprise other than the operation of the Elgin, Illinois plant (effected through the Borrower for the benefit of IHC), incur any Indebtedness or other liabilities other than pursuant to the IHC Agreements and the Tax Allocation Agreement, or own any real or personal property other than the IHC Assets.
