Consent to Acquisition. The Landlord hereby acknowledges and agrees that (a) the Purchaser may acquire the assets of the Tenant and such Acquisition does not constitute a breach of, or default under, or modify the terms of, the Lease and, to the extent the Lease contains any provision to the contrary, such provisions are hereby waived with respect to the Acquisition, and (b) the Tenant may assign the Lease to the Purchaser.
Consent to Acquisition. Each of the undersigned Noteholders hereby waives the restrictions set forth in Section 3(g)(viii), of each of the BM Notes to permit, and hereby consents for all other purposes under the BM Note to, the entry into and the consummation of the transactions contemplated by the Purchase Agreement, including, without limitation, the Blocker Purchase and the Merger. For the avoidance of doubt, this letter shall constitute a waiver and consent with respect to such transactions contemplated by the Purchase Agreement for the purposes of Section 3(e) of each of the BM Notes.
Consent to Acquisition. (a) Notwithstanding the restrictions set forth in Sections 7.6 and 7.9 of the Loan Agreement, Agent and Lender hereby consent to the consummation of the Ampersand Acquisition subject to the terms of this Amendment and compliance by Borrower with the conditions and requirements set forth on Schedule I attached hereto.
Consent to Acquisition. Notwithstanding any provision of Section 10.11 of the Credit Agreement to the contrary, the Required Banks hereby agree that the Company may acquire 520,100 shares of the capital stock of ERMFI (which represent all shares of such stock not currently owned by the Company) so long as (i) all of the consideration for such acquisition is stock of the Company, (ii) at the time of such acquisition, ERMFI does not have more than $10,500,000 in Debt, (iii) neither the Company nor any other Subsidiary shall guarantee or otherwise have any liability with respect to any Debt or other obligations of ERMFI, and (iv) concurrently with such acquisition, Donaxx X. Xxxxxxxxx, Xx. xxx Solid Waste Ventures shall exchange all Debt owing to them by ERMFI for common stock of the Company.
Consent to Acquisition. The Landlord hereby acknowledges and agrees that LTC may acquire all of the outstanding capital stock of the Tenant and such Acquisition does not constitute a breach of, or default under, or modify the terms of, the Lease and, to the extent the Lease contains any provision to the contrary, such provisions are hereby waived with respect to the Acquisition
Consent to Acquisition. The execution and delivery by Borrower of the Clicktools Purchase Agreement and the consummation of the Clicktools Acquisition would violate certain of the terms and provisions of the Loan Documents, including, without limitation, Sections 6.3(a) and 6.9 of the Credit Agreement. Borrower has requested that the Lender Group consent to the Clicktools Acquisition, and the Lender Group as of the effective date of the Third Amendment consents to such Clicktools Acquisition so long as at the time of the consummation of the Clicktools Acquisition: (i) no Default or Event of Default exists and (ii) Borrower has Availability plus Qualified Cash in an amount equal to or greater than $15,000,000. The foregoing consent shall be effective only in this specific instance and for the specific purpose for which it is given, and this consent shall not entitle Borrower to any other consent or waiver in any similar or other circumstances. The foregoing consent shall be limited precisely as written and shall not be deemed to (a) be a waiver or modification of any other term or condition of the Credit Agreement or any documents related thereto, or (b) prejudice any right or remedy which the Lender Group may now have or may have in the future under or in connection with the Credit Agreement or any documents related thereto.
Consent to Acquisition. The Lender consents to the Borrower’s acquisition of Terrasyn Environmental Corp., Environmental Venture Partners LLC, Bio Methods, LLC and Geo Methods, LLC (collectively, the “Acquired Entities”) on the following conditions:
Consent to Acquisition. CIT hereby consents to CCI’s formation of, and the acquisition of the Assets by, CA and the consummation of the transactions contemplated by the APA.
Consent to Acquisition. The Banks hereby consent to the purchase by the Borrowers of the capital stock of Maintenance Concepts, Inc. and the assets of Tank Management, Inc. pursuant to, and in accordance with, the documentation and information previously furnished to the Banks. Such consent shall include, without limitation, the consent required of the Banks pursuant Section 2.11 of the Agreement.
Consent to Acquisition. The Lenders hereby consent to the Kansas City Acquisition as required by Sections 7.3.3(d) and 7.3.3(e) of the Credit Agreement. Such consent is conditioned upon the Company complying with all other Sections of the Credit Agreement in connection with the Kansas City Acquisition, including, but not limited to, Sections 7.3.3 (a) through (c), 7.3.3 (f) through (g), 7.3.3 (i) through (j) and 7.26.2, and such consent shall not act as a waiver of the provisions of any Section of the Credit Agreement, except as provided in Section 4 below.
