Ordinary Course of Conduct; No Other Business. (i) No Specified Borrower Entity shall, or shall agree to: (A) engage in any business, other than (A) the acquisition, ownership, design, engineering, development, construction, financing, implementation, completion, operation, repair, restoration, marketing and maintenance of the Project or the Facility, (B) holding Equity Interests in a Subsidiary, (C) the sourcing of materials capable of being processed by the Facility or other items used in connection therewith, (D) the manufacturing and sale of ATVM Products and the activities contemplated in clauses (A), (C) and (D), (E) any other activities reasonably related or ancillary to the foregoing, in each case, in a manner not prohibited by the Financing Documents, and (F) any other business carried out by such Person as of the Effective Date; (B) undertake any action that could reasonably be expected to lead to a material alteration of the nature of its business; or (C) undertake any action that could reasonably be expected to lead to a material alteration of the scope or function of the Project (including any expansion thereof). (ii) No Borrower Entity shall, or shall agree to, fail to maintain its existence and its right to carry on its business, except as a result of a merger or consolidation permitted under Section 9.03 (
Appears in 2 contracts
Sources: Loan Arrangement and Reimbursement and Sponsor Support Agreement (Rivian Automotive, Inc. / DE), Loan Arrangement and Reimbursement and Sponsor Support Agreement (Rivian Automotive, Inc. / DE)