Restricted Agreements. Except as disclosed on the Schedule or as timely disclosed in writing to Bank pursuant to Section 6.9, Borrower is not a party to, nor is bound by, any Restricted Agreement.
Restricted Agreements. Prior to entering into or becoming bound by any Restricted Agreement, Borrower shall : (i) provide written notice to Bank of the material terms of such license or agreement with a description of its likely impact on Borrower’s business or financial condition; and (ii) use commercially reasonable efforts to obtain the consent of, or waiver by, any person whose consent or waiver is necessary for Bank to have a security interest in the Collateral, and to have the power to enforce remedies in the Collateral, that might otherwise be restricted by the terms of the applicable license or agreement, whether now existing or entered into in the future.
Restricted Agreements. Borrower will not, and will not permit any Subsidiary to, directly or indirectly (i) enter into or assume any agreement (other than the Financing Documents and the Subordinated Debt Documents) prohibiting the creation or assumption of any Lien upon its properties or assets, whether now owned or hereafter acquired or (ii) create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind (except as provided by the Subordinated Debt Documents) on the ability of any Subsidiary to: (1) pay or make Restricted Distributions to Borrower or any Subsidiary; (2) make loans or advances to Borrower or any Subsidiary; or (3) transfer any of its property or assets to Borrower or any Subsidiary.
Restricted Agreements. Prior to entering into or becoming bound by any Restricted Agreement: (i) provide written notice to Administrative Agent of the material terms of such license or agreement with a description of its likely impact on Borrower’s or its Subsidiaries’ business and financial condition; and (ii) use commercially reasonable efforts to obtain the consent of, or waiver by, any Person whose consent or waiver is necessary for each Loan Party’s interest in such Restricted Agreement and the rights and benefits thereunder to be deemed Collateral and for Administrative Agent, for the benefit of the Secured Parties, to have a first-priority security interest in such Restricted Agreement and the rights and benefits thereunder, and to have the power to exercise rights thereunder and to assign such Restricted Agreement and rights in connection with an enforcement of remedies under the Loan Documents, that might otherwise be restricted by the terms of the applicable license or agreement, whether now existing or entered into in the future.
Restricted Agreements. The Borrower will not, and will not permit any Subsidiary to, directly or indirectly, enter into, incur or permit to exist any agreement or other arrangement that prohibits, restricts or 90 imposes any condition upon the ability of any Subsidiary to pay dividends or other distributions with respect to any shares of its capital stock or to make or repay loans or advances to the Borrower or to guarantee Indebtedness of the Borrower; PROVIDED that (a) the foregoing shall not apply to restrictions and conditions imposed by law or by any Loan Document, and (b) the foregoing shall not apply to restrictions and conditions existing on the Effective Date identified on Schedule 6.08 (but shall apply to any extension or renewal of, or any amendment or modification expanding the scope of, any such restriction or condition).
Restricted Agreements. The Company is party to certain agreements that are subject to confidentiality or non-disclosure obligations or restrictions ("Restricted Agreements") which have not been made available to the Purchaser. With respect to the Restricted Agreements that, in the Company's reasonable belief are material the Company agrees to use its commercially reasonable best efforts to make the Restricted Agreement or a summary thereof available to Purchaser for inspection and review. 42
Restricted Agreements. The Company shall not, and shall not permit its advisors, to enter into confidentiality agreements or other agreements with parties interested in participating in the market evaluation and exploration process or the marketing process unless such confidentiality agreements or other agreements allow such parties or any other persons to deal with persons other than the Company, its Board of Directors or their advisors after December 31, 1997 as to any potential transaction involving the sale of the Company or its assets.
Restricted Agreements. Borrower shall not amend, modify or supplement any Restricted Agreement in any manner that would or is reasonably likely to adversely affect in any material respect Administrative Agent’s or any Lender’s interests (or violate or breach any provision in any material respect) under this Agreement or any other Financing Agreements to which Borrower is a party, without the prior written consent of Administrative Agent and any Lender affected thereby (including, without limitation, amending or modifying the Management Agreement to increase the amount or frequency of payment of any management fee or similar type payment); provided, however, that the Management Agreement may be terminated in its entirety, or amended, in the event that Borrower’s obligations thereunder are satisfied in full solely through the issuance of equity securities of the Borrower to Xxxxxxx
Restricted Agreements. Prior to entering into or becoming bound by any Restricted Agreement, Borrower shall: (i) provide written notice to Bank of the material terms of such Restricted Agreement with a description of its likely impact on Borrower’s business or financial condition; and (ii) upon Bank’s request, will obtain the consent of, or waiver by, any person whose consent or waiver is necessary for (A) Borrower’s interest in such licenses or contract rights to be deemed Collateral and for Bank to have a security interest in such license or contract right, and to have the power to assign such license or contract rights in connection with an enforcement of remedies, that might otherwise be restricted by the terms of the applicable license or agreement, whether now existing or entered into in the future, and (B) Bank to have the ability in the event of a liquidation of any Collateral to dispose of such Collateral in accordance with Bank’s rights and remedies under this Agreement and the other Loan Documents.
Restricted Agreements. Except as disclosed on the Schedule or as timely disclosed in writing to Bank pursuant to Section 4.12, neither Borrower nor any Third Party Obligor is a party to, or bound by, any Restricted Agreement.
