Common use of No Activity Clause in Contracts

No Activity. Holding was incorporated on July 28, 2003. Since its inception, Holding has not engaged in any activity, other than such actions in connection with (i) its organization, (ii) the purchase of all of the outstanding capital stock of Acquisition and (iii) the preparation, negotiation and execution of the Pinnacle Merger Agreement and the transaction documents under and relating to the Pinnacle Merger Agreement, this Agreement and the other Transaction Documents and the transactions contemplated thereby and hereby. Holding does not have any operations, has not generated any revenues and does not have any liabilities other than those incurred (a) in connection with the foregoing, (b) in association with the Pinnacle Merger as provided by the Pinnacle Merger Agreement and (c) in connection with the financing under the Pinnacle Senior Credit Facility and the Debt Commitment Letter.