Common use of Conduct of Business; Subsidiaries; Acquisitions Clause in Contracts

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. Neither the The Company shall not, nor shall it permit any of its Significant Subsidiaries shall Subsidiary to, 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(L7.2(k). Neither the The Company nor any Significant Domestic Subsidiary shall not 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. 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 substantially 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 Event of Default or Unmatured Default which is not being cured shall have occurred and be continuing or would result therefromtherefor; (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) Sections 9.6 and Section 7.3(L)9.9 hereof. Neither the The Company nor any Significant Domestic Subsidiary shall not make any Acquisitions, other than Acquisitions meeting the following requirements or otherwise approved by the Required Lenders Holders (each such Acquisition constituting a “Permitted Acquisition”):

Conduct of Business; Subsidiaries; Acquisitions. Neither the Company Borrower nor any of its Significant Material Subsidiaries shall engage in any business other than the businesses engaged in by the Company Borrower and its Material Subsidiaries on the date hereof Closing Date and any business or activities which are reasonably substantially similar, related or incidental thereto or 91 logical extensions thereof. The Company Borrower shall not create, acquire or capitalize any Material Subsidiary after the date hereof Closing Date 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 and correct as of such date); and (iii) after such creation, acquisition or capitalization the Company Borrower and such Material Subsidiary shall be in compliance comply with the terms of Section 7.2(K) and Section 7.3(L). Neither the Company Borrower nor any Significant Domestic Subsidiary its Subsidiaries shall make any Acquisitions, other than (a) the IITRI Acquisition and (b) Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”):

Conduct of Business; Subsidiaries; Acquisitions. Neither the Company Borrower nor any of its Significant Material Subsidiaries shall engage in any business other than the businesses engaged in by the Company Borrower and its Material Subsidiaries on the date hereof Closing Date and any business or activities which are reasonably substantially similar, related or incidental thereto or logical extensions thereof. The Company Borrower shall not create, acquire or capitalize any Material Subsidiary after the date hereof Closing Date 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 and correct as of such date); and (iii) after such creation, acquisition or capitalization the Company Borrower and such Material Subsidiary shall be in compliance comply with the terms of Section 7.2(K) and Section 7.3(L). Neither the Company Borrower nor any Significant Domestic Subsidiary its Subsidiaries shall make any Acquisitions, other than (a) the IITRI Acquisition and (b) Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”"PERMITTED ACQUISITION"):

Conduct of Business; Subsidiaries; Acquisitions. Neither the Company nor any of its Significant Material Subsidiaries shall engage in any business other than the businesses engaged in by the Company and its Material Subsidiaries on the date hereof Closing Date and any business or activities which are reasonably substantially similar, related or incidental thereto or logical extensions thereof. The Company shall not create, acquire or capitalize any Material Subsidiary after the date hereof Closing Date unless (i) no Default or Unmatured Event of 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 and correct as of such date); and (iii) after such creation, such creation, acquisition or capitalization the Company and such Material Subsidiary shall be in compliance comply with the terms of Section 7.2(K) and Section 7.3(L10.2(k). Neither the Company nor any Significant Domestic Subsidiary its Subsidiaries shall make any Acquisitions, other than (a) the IITRI Acquisition and (b) Acquisitions meeting the following requirements or otherwise approved by the Required Lenders Holders (each such Acquisition constituting a “"Permitted Acquisition”"):

Conduct of Business; Subsidiaries; Acquisitions. Neither the The Company shall not, nor shall it permit any of its Significant Subsidiaries shall Subsidiary to, 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 The Company nor any Significant Domestic Subsidiary shall not make any Acquisitions, other than Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”"PERMITTED ACQUISITION"):

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 The Company nor any Significant Domestic Subsidiary shall not make any Acquisitions, other than Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”"PERMITTED ACQUISITION"):

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”):): 86

Conduct of Business; Subsidiaries; Acquisitions. Neither the Company Borrower nor any of its Significant Subsidiaries shall engage in any business other than the businesses engaged in by the Company Borrower on the date hereof and any business or activities which are reasonably substantially similar, related or incidental thereto or logical extensions thereof. The Company 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 therefromtherefor; (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 Borrower shall be in compliance with the terms of Section 7.2(K) and Section 7.3(L7.2(L). Neither the Company nor any Significant Domestic Subsidiary The Borrower shall not make any Acquisitions, other than (i) the KAGT Acquisition and (ii) Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”"PERMITTED ACQUISITION"):

Conduct of Business; Subsidiaries; Acquisitions. Neither the The Company shall not, nor shall it permit any of its Significant Subsidiaries shall Subsidiary to, 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 SECTION 7.2(K) and Section 7.3(L). Neither the The Company nor any Significant Domestic Subsidiary shall not make any Acquisitions, other than Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”"PERMITTED ACQUISITION"):

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 The Company nor any Significant Domestic Subsidiary shall not 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. Neither the The Company shall not, nor shall it permit any of its Significant Subsidiaries shall Subsidiary to, 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 Except for the Spectra Precision Acquisition, 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(L7.2(k). Neither the The Company nor any Significant Domestic Subsidiary shall not make any Acquisitions, other than the Spectra Precision Acquisition or Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “"Permitted Acquisition”"):

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 substantially 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 Event of Default or Unmatured Default which is not being cured shall have occurred and be continuing or would result therefromtherefor; (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) Sections 10.6 and Section 7.3(L)10.9 hereof. Neither the The Company nor any Significant Domestic Subsidiary shall not make any Acquisitions, other than Acquisitions meeting the following requirements or otherwise approved by the Required Lenders Holders (each such Acquisition constituting a “Permitted Acquisition”):

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 or, with respect to any representation that is qualified by materiality or Material Adverse Effect, all 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 or all respects, as applicable, 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) 95 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. Neither the Company ----------------------------------------------- Borrower nor any of its Significant Subsidiaries shall engage in any business other than the businesses engaged in by the Company Borrower on the date hereof and any business or activities which are reasonably similar, related or incidental thereto or logical extensions thereof. The Company 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 Company Borrower shall be in compliance with the terms of Section 7.2(K) and (L) and Section 7.3(L7.3(O). Neither the Company nor any Significant Domestic Subsidiary The Borrower shall not 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. Neither the Company Borrower nor any of its Significant Subsidiaries shall engage in any business other than the businesses engaged in by the Company Borrower on the date hereof and any business or activities which are reasonably similar, related or incidental thereto or logical extensions thereof. The Company 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 Company Borrower shall be in compliance with the terms of Section 7.2(K) and (L) and Section 7.3(L7.3(O). Neither the Company nor any Significant Domestic Subsidiary The Borrower shall not make any Acquisitions, other than Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”"PERMITTED ACQUISITION"):

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 or, with respect to any representation that is qualified by materiality or Material Adverse Effect, all 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 or all respects, as applicable, 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 Incorporated 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. Neither the Company Borrower nor any of its Significant Subsidiaries shall engage in any business other than the businesses engaged in by the Company Borrower on the date hereof and any business or activities which are reasonably similar, related or incidental thereto or logical extensions thereof. The Company 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 91 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 Borrower shall be in compliance with the terms of Section SECTION 7.2(K) and Section SECTION 7.3(L). Neither the Company nor any Significant Domestic Subsidiary The Borrower shall not make any Acquisitions, other than Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”"PERMITTED ACQUISITION"):

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 substantially similar, related or incidental thereto or logical extensions thereof. The Company shall not permit the aggregate value of the assets of Miramar to exceed $1,000. The Company shall not create, acquire or capitalize any Subsidiary after the date hereof unless (i) no Event of Default or Unmatured Default which is not being cured shall have occurred and be continuing or would result therefromtherefor; (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)9.6 hereof. Neither the The Company nor any Significant Domestic Subsidiary shall not make any Acquisitions, other than Acquisitions meeting the following requirements or otherwise approved by the Required Lenders Holders (each such Acquisition constituting a “Permitted Acquisition”):

Conduct of Business; Subsidiaries; Acquisitions. Neither the Company Borrower nor any of its Significant Subsidiaries shall engage in any business other than the businesses engaged in by the Company Borrower on the date hereof and any business or activities which are reasonably substantially similar, related or incidental thereto or logical extensions thereof. The Company 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 therefromtherefor; (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 Borrower 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 The Borrower shall not make any Acquisitions, other than (a) the Stock Acquisition and (b) other Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”"PERMITTED ACQUISITION"):

Conduct of Business; Subsidiaries; Acquisitions. Neither the Company Parent nor any of its Significant Subsidiaries shall engage in any business other than the businesses engaged in by the Company Parent and its Subsidiaries on the date hereof and any business or activities which are reasonably substantially similar, related or incidental thereto or logical extensions thereof. The Company Parent shall not create, capitalize or acquire any Subsidiary other than the Borrowers and their Subsidiaries. No Subsidiary of the Parent shall create, acquire or capitalize any Subsidiary (a "NEW 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 and correct as of such date); and (iii) after such creation, acquisition or capitalization capitalization, the Company Parent and its Subsidiaries shall be in compliance with the terms of Section Sections 7.2(K) and (L) and Section 7.3(L7.3(Q). Neither No Subsidiary of the Company nor any Significant Domestic Subsidiary Parent 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”"PERMITTED ACQUISITION"):

Conduct of Business; Subsidiaries; Acquisitions. Neither the Company Borrower nor any of its Significant Subsidiaries shall engage in any business other than the businesses engaged in by the Company Borrower on the date hereof and any business or activities which are reasonably similar, related or incidental thereto or logical extensions thereof. The Company 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 Company Borrower shall be in compliance with the terms of Section 7.2(K), Section 7.3(L) and Section 7.3(L)7.4. Neither the Company nor any Significant Domestic Subsidiary The Borrower shall not make any Acquisitions without approval by the Lender provided that approval of the Lender shall not be required to make Permitted Acquisitions (as defined below) of up to $10,000,000 in aggregate purchase price thereafter. For purposes of this Agreement, "Permitted Acquisitions, other than " are Acquisitions meeting the following requirements or otherwise approved by the Required Lenders (each such Acquisition constituting a “Permitted Acquisition”):Lenders: