Limitation on Activities of the Issuer Sample Clauses

Limitation on Activities of the Issuer. The Issuer shall not hold any material assets (other than Permitted Assets and its interests under the Transaction Documents and Financial Investments as contemplated by the Transaction Documents), become liable for any material obligations (other than the Senior Notes), engage in any trade or business or conduct any activity other than the incurrence of indebtedness as a co-obligor of the Senior Notes, the activities contemplated in this Indenture, the Participation Agreement, the Issuer Trust Agreement, the Liquidity Agreement, the Remarketing and Support Agreement, the WCG Note Reset Remarketing Agreement and any other Transaction Document to which it is a party and the activities incidental thereto.
AutoNDA by SimpleDocs
Limitation on Activities of the Issuer. The Issuer shall not conduct, transfer or otherwise engage in any material business or operations and will not own or otherwise hold any material assets other than (1) any action required or, in the good faith judgment of the Company, desirable to maintain its existence, (2) the performance of its obligations under the Senior Credit Facility, the Notes, the New US Dollar Notes, this Indenture, the New US Dollar Notes Indenture, the Collateral Documents, the Collateral Documents as defined in the New US Dollar Notes Indenture, and the Intercreditor Agreement and any other Indebtedness (and any related agreements or collateral documents) Incurred by the Issuer in compliance with this Indenture, (3) any action required or, in the good faith judgment of the Company, desirable in connection with the listing of the Notes, (4) activities incidental to its maintenance and continuance and to any of the foregoing activities, (5) the intercompany loan pursuant to which the Issuer will lend the net proceeds from the offering of the Notes to Xxxxxxx Xxxxxxx Holding Germany GmbH or any other intercompany loan pursuant to which the Issuer will lend the net proceeds from any other Indebtedness Incurred by the Issuer in compliance with this Indenture to Xxxxxxx Nixdorf Holding Germany GmbH or any other Restricted Subsidiary of the Company and (6) any funds received from or at the direction of the Company or any Affiliate of the Company in connection with the performance of its obligations under Senior Credit Facility, the Notes, the New US Dollar Notes, this Indenture, the New US Dollar Notes Indenture, the Collateral Documents, the Collateral Documents as defined in the New US Dollar Notes Indenture, and the Intercreditor Agreement or any other Indebtedness (and any related agreements or collateral documents) Incurred by the Issuer in compliance with this Indenture.
Limitation on Activities of the Issuer. The Issuer shall not conduct, transfer or otherwise engage in any material business or operations or hold, own or otherwise have any interest in any material assets; provided that the following and any activities incidental to the following shall be permitted: (i) action required by law to maintain its existence, (ii) performance of its obligations under the Credit Facility, this Indenture, the Senior Priority Notes Indenture and its guarantee of the Senior Priority Notes, the Collateral Documents and other agreements contemplated thereby or other debt, and (iii) the payment of dividends and distributions permitted to be made under this Indenture or the Senior Priority Notes Indenture, the payment of interest and principal on the Notes (or any Refinancing Indebtedness in respect thereof) permitted to be made under this Indenture or the Senior Priority Notes Indenture, the making of contributions to the capital of the Issuer or a Restricted Subsidiary, the incurrence of Indebtedness and any related Liens permitted to be incurred under this Indenture or the Senior Priority Notes Indenture by a Restricted Subsidiary or the Guarantee of the Indebtedness permitted to be incurred by the Issuer or any Restricted Subsidiary under this Indenture or the Senior Priority Notes Indenture (including operating and equipment leases that are not considered to be Indebtedness).
Limitation on Activities of the Issuer. Notwithstanding anything to the contrary set forth in Section 4.06, Section 4.07 and/or Section 4.15, for so long as any Notes are outstanding, the Issuer shall not, and shall not cause or permit any of its Restricted Subsidiaries (if any) to, directly or indirectly:
Limitation on Activities of the Issuer. So long as any of the Notes of any series remain outstanding, the Issuer shall not engage in any business or activity other than:

Related to Limitation on Activities of the Issuer

  • LIMITATION ON ACTIVITIES Notwithstanding any provision in this Agreement to the contrary, the Advisor shall not take any action that, in its sole judgment made in good faith, would (i) adversely affect the ability of the Company to qualify or continue to qualify as a REIT under the Code, (ii) subject the Company to regulation under the Investment Company Act of 1940, as amended, (iii) violate any law, rule, regulation or statement of policy of any governmental body or agency having jurisdiction over the Company, its Shares or its other securities, (iv) require the Advisor to register as a broker-dealer with the SEC or any state, or (v) violate the Charter or Bylaws. In the event an action that would violate (i) through (v) of the preceding sentence but such action has been ordered by the Board, the Advisor shall notify the Board of the Advisor’s judgment of the potential impact of such action and shall refrain from taking such action until it receives further clarification or instructions from the Board. In such event, the Advisor shall have no liability for acting in accordance with the specific instructions of the Board so given.

  • Limitation on Investments Make any advance, loan, extension of credit (by way of guaranty or otherwise) or capital contribution to, or purchase any Capital Stock, bonds, notes, debentures or other debt securities of, or any assets constituting an ongoing business from, or make any other investment in, any other Person (all of the foregoing, “Investments”), except:

  • Limitation on Indemnities The indemnities provided in this Section 2 by Customer to MSIL and its affiliates shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any agreement of MSIL contained in this Agreement to the extent caused by such event. Likewise, the indemnities provided in this Section 2 by MSIL to Customer and its successors and assigns shall be inapplicable in the event of any losses, liabilities, damages, costs or expenses arising out of, or based upon, any material breach of any representation, warranty or agreement of Customer contained in this Agreement to the extent caused by such breach.

  • Limitation on Responsibilities of Agent Agent shall not be liable to Lenders for any action taken or omitted to be taken under the Loan Documents, except for losses directly and solely caused by Agent’s gross negligence or willful misconduct. Agent does not assume any responsibility for any failure or delay in performance or any breach by any Obligor or Lender of any obligations under the Loan Documents. Agent does not make to Lenders any express or implied warranty, representation or guarantee with respect to any Obligations, Collateral, Loan Documents or Obligor. No Agent Indemnitee shall be responsible to Lenders for any recitals, statements, information, representations or warranties contained in any Loan Documents; the execution, validity, genuineness, effectiveness or enforceability of any Loan Documents; the genuineness, enforceability, collectibility, value, sufficiency, location or existence of any Collateral, or the validity, extent, perfection or priority of any Lien therein; the validity, enforceability or collectibility of any Obligations; or the assets, liabilities, financial condition, results of operations, business, creditworthiness or legal status of any Obligor or Account Debtor. No Agent Indemnitee shall have any obligation to any Lender to ascertain or inquire into the existence of any Default or Event of Default, the observance or performance by any Obligor of any terms of the Loan Documents, or the satisfaction of any conditions precedent contained in any Loan Documents.

  • Limitation on Designations of Unrestricted Subsidiaries (a) The Company may designate any Restricted Subsidiary as an “Unrestricted Subsidiary” under this Indenture (a “Designation”) only if:

  • Limitation on Indebtedness Create, incur, assume or suffer to exist any Indebtedness, except:

  • Limitation on Asset Sales The Company will not, and will not permit any of its Restricted Subsidiaries to, consummate an Asset Sale unless:

  • Restriction on Activities Commencing as of the date first above written, and until the earlier of payment of the Note in full or full conversion of the Note, the Company shall not, directly or indirectly, without the Buyer’s prior written consent, which consent shall not be unreasonably withheld: (a) change the nature of its business; or (b) sell, divest, acquire, change the structure of any material assets other than in the ordinary course of business.

  • Limitation on Indemnification Notwithstanding any other provision herein to the contrary, the Company shall not be obligated pursuant to this Agreement:

  • Limitation on Fundamental Changes Enter into any merger, consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution), or Dispose of all or substantially all of its Property or business, except that:

Time is Money Join Law Insider Premium to draft better contracts faster.