New Transactions. Seller shall not do, or agree to do without the prior written consent of the Buyer, any of the following acts:
New Transactions. If at any time the Market Value (assuming for purposes of this subsection that Market Value does not exceed the unpaid principal balance of the related Purchased Loan) of the aggregate of all Purchased Loans subject to a Transaction hereunder as of any date of determination multiplied by the Applicable Percentage is greater than the aggregate Purchase Price of all Purchased Loans subject to a Transaction hereunder as of such date (a “Margin Excess”), then Seller may, by delivery of written notice to Buyer by 11:00 a.m. (Eastern Time) on any Business Day (an “Excess Margin Notice”), request that Buyer, as Seller elects, either to (i) remit additional Purchase Price in an amount equal to the lesser of (x) such Margin Excess and (y) the amount requested by Seller, or (ii) reallocate the Purchase Price to Purchased Loans with Margin Excess in order to release Purchased Loans which, following such reallocation, will have a Purchase Price of zero. In no event shall Buyer be obligated to remit Margin Excess or release Purchased Loans pursuant to clause (i) or (ii) above to the extent (A) it would cause the outstanding Purchase Price to exceed the Maximum Aggregate Purchase Price or otherwise be inconsistent with the requirements or conditions of this Agreement; (B) a Default has occurred and is continuing or would exist after such action by Buyer or (C) such action would cause a Margin Deficit. Any Margin Excess remitted as cash shall be deemed an increase in Purchase Price. In addition, Seller shall notify Custodian by 11:00 a.m. on the Business Day of the delivery of an Excess Margin Notice that Seller has delivered to Buyer an Excess Margin Notice and, in accordance with the Custodial Agreement, Custodian shall deliver to Buyer updated Trust Receipts with respect to the Loans currently subject to a Transaction.
New Transactions. Except as provided in the final paragraph of the definition of “New Transactions” or in subparagraph (h) infra, the Company covenants and agrees that, during the New Transaction Period it will not, without the prior written consent of the Lead Investor in each instance, enter into any New Transaction.
New Transactions. Seller shall not do or agree to do any of the following acts:
New Transactions. Company will not, without Buyer's written consent, enter into any contract, commitment, or transaction not in the usual and ordinary course of its business.
New Transactions. The Corporation will not, without Buyer's written consent, do or agree to do any of the following acts:
New Transactions. Except for transactions contemplated by Seller's proposed acquisition of MCI, Seller shall not do or agree to do any of the following acts:
New Transactions. 1. Except as noted below, approval authority for all new single obligor loan transactions resides solely with the Investment Committee.
New Transactions. Action will not, without Americana's written consent, do or agree to do any of the following acts:
New Transactions. Between the date hereof and the Closing, Seller shall cause the Company not to, without Purchaser's written consent, do or agree to do any of the following: (a) Enter into any contract, commitment or transaction not in the usual and ordinary course of business; or (b) enter into any contract, commitment or transaction in the ordinary and usual course of business involving an amount exceeding $10,000 individually or $20,000 in the aggregate.
