Common use of Extraordinary Transactions Clause in Contracts

Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on Schedule 4 attached hereto and on Schedule 4 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 5 contracts

Samples: Purchase Agreement (Terremark Worldwide Inc), Credit Agreement (Davita Inc), Credit Agreement (Davita Inc)

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Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on Schedule 4 attached hereto and on Schedule 4 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 4 contracts

Samples: Credit Agreement (BioScrip, Inc.), Credit Agreement (Merge Healthcare Inc), Credit Agreement (Merge Healthcare Inc)

Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on Schedule 4 attached hereto and on Schedule 4 to the Prior Perfection Certificate, all of the material 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 4 contracts

Samples: Credit Agreement (Norcraft Companies, Inc.), Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp)

Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on Schedule 4 attached hereto and on Schedule 4 to the Prior Perfection Certificatehereto, all of the material 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 4 contracts

Samples: Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies, Inc.)

Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on in Schedule 4 3 attached hereto and on in Schedule 4 3 to the Prior Perfection Certificate, 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 2 contracts

Samples: 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 on Schedule 4 attached hereto and on Schedule 4 to the Prior Perfection Certificatehereto, all of the Collateral 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: First Lien Security Agreement (Emdeon Inc.), Security Agreement (Emdeon Inc.)

Extraordinary Transactions. Except as listed on Schedule 4 hereto and made a part hereof, except for those purchases, acquisitions and other transactions described on Schedule 4 attached hereto and on Schedule 4 to the Prior Perfection CertificateCertificate or consummated more than 5 years prior to the date hereof, 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: Franchise Agreement (NPC Operating Co B, Inc.)

Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on Schedule 4 attached hereto and on hereto, Schedule 4 to the Prior Perfection Certificate, Certificate sets forth all of the exceptions to the Collateral has having been originated by each Company in the ordinary course of business or consists consisting 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 (SAExploration Holdings, Inc.)

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Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on Schedule 4 attached hereto and on Schedule 4 to the Prior Perfection Certificate, all of the Collateral has been originated by Borrower and each Company Guarantor in the ordinary course of business or consists of goods which have been acquired by such Company Borrower 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

Samples: Credit Agreement (PGT, Inc.)

Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on Schedule 4 attached hereto and on Schedule 4 to the Prior Perfection Certificatehereto, 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 within the past five years in the ordinary course of business from a person in the business of selling goods of that kind.

Appears in 1 contract

Samples: Pledge and Security Agreement (Amscan Holdings Inc)

Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on in Schedule 4 attached hereto and on Schedule 4 to the Prior Perfection Certificatehereto, all of the Collateral obtained by each Company in the past 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: Intercreditor Agreement (ProFrac Holding Corp.)

Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on Schedule 4 3 attached hereto and on Schedule 4 3 to the Prior Perfection Certificate, 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)

Extraordinary Transactions. Except for those purchases, acquisitions and other transactions described on Schedule 4 attached hereto and on Schedule 4 to the Prior Perfection Certificate, all of the Collateral has been originated by the Company and each Company Guarantor 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

Samples: Credit Agreement (Norcraft Companies Lp)

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