Common use of Permitted Acquisition Clause in Contracts

Permitted Acquisition. Any acquisition by the Borrower or any of its Subsidiaries, in a single transaction or a series of related transactions, through a merger, stock purchase or otherwise, of assets or companies if, (a) the Borrower or its Subsidiary is the surviving or continuing Person, (b) immediately before and after giving effect thereto, no Default or Event of Default exists or result therefrom, (c) after giving effect to such acquisition the Borrower and its Subsidiaries, derives and will derive at least 85% of their consolidated revenue from the ownership or management of marine containers or any ancillary, related or complementary business, (d) all transactions related thereto are consummated in accordance with applicable laws, (e) all actions required to be taken with respect to such acquired or newly formed Subsidiary under §8.14 have been taken, (f) the Borrower and its Subsidiaries are in compliance, on a pro forma basis after giving effect to such acquisition, with §10.1, recomputed as of the last day of the most recently ended fiscal quarter of the Borrower for which financial statements are available, as if such acquisition (and any related incurrence or repayment of Indebtedness with any new Indebtedness being deemed to be amortized over the applicable testing period in accordance with its terms) had occurred on the first day of each relevant period for testing such compliance and (g) the Borrower has delivered a certificate to the Agent and each Lender to the effect set forth in clauses (a), (b), (c), (d), (e) and (f) above. Permitted Liens. Liens permitted by §9.2.

Permitted Acquisition. Any acquisition by the Borrower or any of its Subsidiaries, in a single transaction or a series of related transactions, through a merger, stock purchase or otherwise, of assets or companies if, (ai) the Borrower or its Subsidiary is the surviving or continuing Person, (bii) immediately before and after giving effect thereto, no Default or Event of Default exists or result results therefrom, (ciii) after giving effect to such acquisition acquisition, the Borrower and its Subsidiaries, derives Subsidiaries derive and will derive at least 8570% of their consolidated revenue from the ownership or management of marine containers or any ancillary, related or complementary business, (div) all transactions related thereto are consummated in accordance with applicable laws, (ev) all actions required to be taken with respect to such acquired or newly formed Subsidiary under §8.14 have been taken, (fvi) the Borrower and its Subsidiaries are in compliance, on a pro forma basis after giving effect to such acquisition, with §10.110.1 and §10.2, recomputed as of the last day of the most recently ended fiscal quarter of the Borrower for which financial statements are available, as if such acquisition (and any related incurrence or repayment of Indebtedness with any new Indebtedness being deemed to be amortized over the applicable testing period in accordance with its terms) had occurred on the first day of each relevant period for testing such compliance and (gvii) the Borrower has delivered a certificate to the Administrative Agent and each Lender to the effect set forth in clauses (ai), (bii), (ciii), (div), (ev) and (fvi) above. Permitted Liens. Liens permitted by §9.2.

Permitted Acquisition. Any acquisition by the Borrower or any of its Subsidiaries, in a single transaction or a series of related transactions, through a merger, stock purchase or otherwise, of assets or companies if, (ai) the Borrower or its Subsidiary is the surviving or continuing Person, (bii) immediately before and after giving effect thereto, no Default or Event of Default exists or result results therefrom, (ciii) after giving effect to such acquisition acquisition, the Borrower and its Subsidiaries, derives Subsidiaries derive and will derive at least 85% of their consolidated revenue from the ownership or management of marine containers or any ancillary, related or complementary business, (div) all transactions related thereto are consummated in accordance with applicable laws, (ev) all actions required to be taken with respect to such acquired or newly formed Subsidiary under §8.14 have been taken, (fvi) the Borrower and its Subsidiaries are in compliance, on a pro forma basis after giving effect to such acquisition, with §10.110.1 and §10.2, recomputed as of the last day of the most recently ended fiscal quarter of the Borrower for which financial statements are available, as if such acquisition (and any related incurrence or repayment of Indebtedness with any new Indebtedness being deemed to be amortized over the applicable testing period in accordance with its terms) had occurred on the first day of each relevant period for testing such compliance and (gvii) the Borrower has delivered a certificate to the Administrative Agent and each Lender to the effect set forth in clauses (ai), (bii), (ciii), (div), (ev) and (fvi) above. Permitted Liens. Liens permitted by §9.2.

Permitted Acquisition. Any acquisition by the Borrower or any of its Subsidiaries, in a single transaction or a series of related transactions, through a merger, stock purchase or otherwise, of assets or companies if, (ai) the Borrower or its Subsidiary is the surviving or continuing Person, (bii) immediately before and after giving effect thereto, no Default or Event of Default exists or result results therefrom, (ciii) after giving effect to such acquisition acquisition, the Borrower and its Subsidiaries, derives Subsidiaries derive and will derive at least 85% of their consolidated revenue from the ownership or management of marine containers or any ancillary, related or complementary business, (div) all transactions related thereto are consummated in accordance with applicable laws, (ev) all actions required to be taken with respect to such acquired or newly formed Subsidiary under §8.14 have been taken, (fvi) the Borrower and its Subsidiaries are in compliance, on a pro forma basis after giving effect to such acquisition, with §10.1, recomputed as of the last day of the most recently ended fiscal quarter of the Borrower for which financial statements are available, as if such acquisition (and any related incurrence or repayment of Indebtedness with any new Indebtedness being deemed to be amortized over the applicable testing period in accordance with its terms) had occurred on the first day of each relevant period for testing such compliance and (gvii) the Borrower has delivered a certificate to the Agent and each Lender to the effect set forth in clauses (ai), (bii), (ciii), (div), (ev) and (fvi) above. Permitted Liens. Liens permitted by §9.2.