Common use of Permitted Acquisition Clause in Contracts

Permitted Acquisition. Prior to consummation of a Permitted Acquisition, the Borrower shall have delivered to Lender complete and correct copies of each document and agreement executed in connection therewith (collectively, the “Permitted Acquisition Documents”), including all schedules and exhibits thereto. The Permitted Acquisition Documents shall set forth the entire agreement and understanding of the Borrower and the parties thereto relating to the subject matter thereof, and there will be no other agreements, arrangements or understandings, written or oral, relating to the matters covered thereby. Borrower shall have the power, and shall have taken all necessary action (including, any necessary member or comparable owner action) to authorize it, to execute, deliver and perform in accordance with their respective terms the Permitted Acquisition Documents to which it is a party. Each of the Permitted Acquisition Documents will have been duly executed and delivered by Borrower and, to Borrower’s knowledge, each of the other parties thereto and will be the legal, valid and binding obligation of Borrower and to Borrower’s knowledge, such other parties, enforceable against Borrower and to Borrower’s knowledge, such other parties in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally. The execution, delivery and performance of the Permitted Acquisition Documents in accordance with their respective terms will not require any governmental approval or any other consent or approval, other than governmental approvals and other consents and approvals that have been obtained. All conditions precedent to the Permitted Acquisition pursuant to the Permitted Acquisition Documents shall have been fulfilled in all material respects and, as of the date of the consummation of the Permitted Acquisition, the Permitted Acquisition Documents shall not have been amended or otherwise modified and there shall not be any breach by the Borrower or, to Borrower’s knowledge, any other party thereto, of any term or condition of the Permitted Acquisition Documents. Upon consummation of the transactions contemplated by the Permitted Acquisition Documents to be consummated at the closing thereunder, the Borrower shall acquire good and legal title to the stock or assets and other property being transferred pursuant to the Permitted Acquisition Documents. None of the foregoing shall in any manner obligate the Borrower or any Subsidiary to consummate any Permitted Acquisition and the foregoing representation shall only apply if, when and to the extent that a Permitted Acquisition is consummated and the Permitted Acquisition Documents are executed and delivered.”

Permitted Acquisition. Prior to consummation In the case of a any Permitted Acquisition, the Borrower shall have has delivered to Lender complete and correct copies of the Acquisition Agreement and each document of the other documents and agreement agreements executed in connection therewith (collectively, the “Permitted Acquisition Documents”), including all schedules and exhibits theretothereto not less than five (5) days prior to the consummation of such Permitted Acquisition. The Permitted Acquisition Documents shall set forth the entire agreement and understanding of the Borrower applicable Credit Party or Credit Parties and the parties thereto relating to the subject matter thereof, and there will be are no other agreements, arrangements or understandings, written or oral, relating to the matters covered therebythereby and the Permitted Acquisition shall be consummated in accordance with the terms of the Acquisition Documents without any amendment, waiver or supplement to the terms thereof which would be adverse to the applicable Credit Party in any material respect. Borrower shall have Each applicable Credit Party has the power, and shall have has taken all necessary action (including, any necessary member or comparable owner action) to authorize it, to execute, deliver and perform in accordance with their respective terms the Permitted Acquisition Documents to which it is a party. Each of the Permitted Acquisition Documents will have has been duly executed and delivered by Borrower each applicable Credit Party and, to Borrower’s knowledge, each of the other parties thereto and will be the is a legal, valid and binding obligation of Borrower each applicable Credit Party and to Borrower’s knowledge, such other parties, enforceable against Borrower each such Credit Party and to Borrower’s knowledge, such other parties in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally. The execution, delivery and performance of the Permitted Acquisition Documents in accordance with their respective terms does not and will not require any governmental approval or any other consent or approval, other than governmental approvals and other consents and approvals that have been obtained. All conditions precedent to the Permitted Acquisition pursuant to the Permitted Acquisition Documents shall Agreement have been fulfilled in all material respects and, as of the date of the consummation closing of the such Permitted AcquisitionAcquisition , the Permitted Acquisition Documents shall Agreement has not have been amended or otherwise modified and there shall not be any has been no breach by the Borrower or, to Borrower’s knowledge, any other party thereto, of any term or condition of the Permitted Acquisition Documents. Upon consummation of the transactions contemplated by the Permitted Acquisition Documents to be consummated at the closing thereunder, the Borrower applicable Credit Party shall acquire good and legal title to the stock or assets and other property being transferred pursuant to the Permitted Acquisition Documents. None of the foregoing shall in any manner obligate the Borrower or any Subsidiary to consummate any Permitted Acquisition and the foregoing representation shall only apply if, when and to the extent that a Permitted Acquisition is consummated and the Permitted Acquisition Documents are executed and delivered.Agreement”

Permitted Acquisition. Prior to consummation In the case of a any Permitted Acquisition, the Borrower shall have has delivered to Lender complete and correct copies of the Acquisition Agreement and each document of the other documents and agreement agreements executed in connection therewith (collectively, the “Permitted Acquisition Documents”), including all schedules and exhibits theretothereto not less than five (5) days prior to the consummation of such Permitted Acquisition. The Permitted Acquisition Documents shall set forth the entire agreement and understanding of the Borrower applicable Credit Party or Credit Parties and the parties thereto relating to the subject matter thereof, and there will be are no other agreements, arrangements or understandings, written or oral, relating to the matters covered therebythereby and the Permitted Acquisition shall be consummated in accordance with the terms of the Acquisition Documents without any amendment, waiver or supplement to the terms thereof which would be adverse to the applicable Credit Party in any material respect. Borrower shall have Each applicable Credit Party has the power, and shall have has taken all necessary action (including, any necessary member or comparable owner action) to authorize it, to execute, deliver and perform in accordance with their respective terms the Permitted Acquisition Documents to which it is a party. Each of the Permitted Acquisition Documents will have has been duly executed and delivered by Borrower each applicable Credit Party and, to Borrower’s knowledge, each of the other parties thereto and will be the is a legal, valid and binding obligation of Borrower each applicable Credit Party and to Borrower’s knowledge, such other parties, enforceable against Borrower each such Credit Party and to Borrower’s knowledge, such other parties in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally. The execution, delivery and performance of the Permitted Acquisition Documents in accordance with their respective terms does not and will not require any governmental approval or any other consent or approval, other than governmental approvals and other consents and approvals that have been obtained. All conditions precedent to the Permitted Acquisition pursuant to the Permitted Acquisition Documents shall Agreement have been fulfilled in all material respects and, as of the date of the consummation closing of the such Permitted Acquisition, the Permitted Acquisition Documents shall Agreement has not have been amended or otherwise modified and there shall not be any has been no breach by the Borrower or, to Borrower’s knowledge, any other party thereto, of any term or condition of the Permitted Acquisition Documents. Upon consummation of the transactions contemplated by the Permitted Acquisition Documents to be consummated at the closing thereunder, the Borrower applicable Credit Party shall acquire good and legal title to the stock or assets and other property being transferred pursuant to the Permitted Acquisition Documents. None of the foregoing shall in any manner obligate the Borrower or any Subsidiary to consummate any Permitted Acquisition and the foregoing representation shall only apply if, when and to the extent that a Permitted Acquisition is consummated and the Permitted Acquisition Documents are executed and delivered.”Agreement