Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto, all of the Collateral has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 21 contracts
Samples: Restatement Agreement (Centurylink, Inc), Security Agreement (OCI Partners LP), Security Agreement (Raptor Pharmaceutical Corp)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 4 attached hereto, all of the Collateral has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 11 contracts
Samples: Credit Agreement (Navisite Inc), Loan Agreement (Xfone Inc.), Credit Agreement (Davita Inc)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached heretohereto and in Schedule 3 to the Prior Perfection Certificate, all of the Collateral has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 6 contracts
Samples: Security Agreement (Vonage Holdings Corp), Credit Agreement (Vonage Holdings Corp), Credit Agreement (RR Donnelley & Sons Co)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 attached 4 hereto, all of the Collateral has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 5 contracts
Samples: Credit Agreement (BioScrip, Inc.), Credit Agreement (Merge Healthcare Inc), Security Agreement (SAExploration Holdings, Inc.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto, all of the Collateral owned by a Company has been originated by each such Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 4 contracts
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Intercreditor Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto, all of the Collateral has been originated by each Company and Qualified Subsidiary in the ordinary course of business or consists of goods which have been acquired by such Company or Qualified Subsidiary in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 3 contracts
Samples: Security Agreement (American Renal Associates LLC), Junior Lien Intercreditor Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 attached hereto, all of the Collateral has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 3 contracts
Samples: Credit Agreement (Container Store Group, Inc.), Security Agreement (Serena Software Inc), Credit Agreement (Container Store Group, Inc.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto, all of the Collateral within the past five (5) years has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 3 contracts
Samples: Credit Agreement (NortonLifeLock Inc.), Credit Agreement (Iac/Interactivecorp), Credit Agreement (ChampionX Corp)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto3, all of the Collateral has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 2 contracts
Samples: Credit Agreement (Starwood Property Trust, Inc.), Security Agreement (IMS Health Holdings, Inc.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto1(c) or Schedule 3, in the past five years, all of the Collateral has been originated by each the relevant Company in the ordinary course of business or consists of goods which have been acquired by such the relevant Company in the ordinary course of business from a person in the business of selling goods of that kindbusiness.
Appears in 2 contracts
Samples: Security Agreement (Vivint Solar, Inc.), Security Agreement (Vivint Solar, Inc.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 attached hereto, all of the Collateral has been originated by each Company Grantor in the ordinary course of business or consists of goods which have been acquired by such Company Grantor in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 2 contracts
Samples: Collateral Agreement (TA Holdings 1, Inc.), Credit Agreement (Amplify Snack Brands, INC)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 attached hereto, all of the Collateral has been originated by the Company, Parent, Holdings and each domestic Subsidiary of the Company in the ordinary course of business or consists of goods which have been acquired by such the Company, Parent, Holdings or any domestic Subsidiary of the Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 2 contracts
Samples: Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto, all of the Collateral within the past five (5) years has been originated by each Company in the ordinary course of business or consists of goods assets which have been acquired by such Company in the ordinary course of business from a person in the business of originating or selling goods assets of that kind.
Appears in 2 contracts
Samples: Assignment and Assumption (Claros Mortgage Trust, Inc.), Assignment and Assumption (Claros Mortgage Trust, Inc.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions transac- tions described in Schedule 3 attached hereto, all of the Collateral has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto, all of the Collateral owned by the Company has been originated by each the Company in the ordinary course of business or consists of goods which have been acquired by such the Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto, all of the Collateral has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kindkind in each case within the past five years.
Appears in 1 contract
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 attached hereto, in the preceding 5 years, all of the Collateral has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Samples: Loan and Security Agreement (Louisiana-Pacific Corp)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 attached hereto, all of the Collateral acquired has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Samples: Collateral Agreement (EVERTEC, Inc.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 4 attached hereto, all of the Collateral has been originated by each the Company or the Guarantors in the ordinary course of business or consists of goods which have been acquired by such the Company or any Guarantor in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 attached hereto, all of the Collateral acquired in the last five years has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Samples: Security Agreement (Trinseo S.A.)
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto, all of the Collateral has been originated or acquired by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 attached hereto, all of the Collateral has been originated by the Company and each domestic Subsidiary of the Company in the ordinary course of business or consists of goods which have been acquired by such the Company or any domestic Subsidiary of the Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in on Schedule 3 attached heretohereto and on Schedule 3 to the Prior Perfection Certificate, all of the Collateral has been originated by the Company and each domestic Subsidiary of the Company in the ordinary course of business or consists of goods which have been acquired by such the Company or any domestic Subsidiary of the Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule 3 attached hereto, during the past five years, all of the Collateral has been originated by each Company in the ordinary course of business or consists of goods which have been acquired by such Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described in Schedule on SCHEDULE 3 attached heretohereto and except as may be acquired in connection with the Acquisition, all of the Collateral has been originated by the Company and each Subsidiary of the Company in the ordinary course of business or consists of goods which have been acquired by such the Company or any Subsidiary of the Company in the ordinary course of business from a person in the business of selling goods of that kind.
Appears in 1 contract
Samples: Credit Agreement (Ionics Inc)
