Transactions With Affiliates or Subsidiaries. (a) The Borrower shall not enter into any transaction with any Affiliate or Subsidiary including, without limitation, the purchase, sale, or exchange of Property, or the loaning or giving of funds to any Affiliate or any Subsidiary, unless (i) such Subsidiary or Affiliate is engaged in a business substantially related to the business conducted by the Borrower, and the transaction is in the ordinary course of and pursuant to the reasonable requirements of the Borrower’s business and upon terms substantially the same and no less favorable to the Borrower as it would obtain in a comparable arm’s-length transactions with any Person not an Affiliate or a Subsidiary, and (ii) such transaction is not otherwise prohibited hereunder.
Transactions With Affiliates or Subsidiaries. (a) No Borrower shall enter into any transaction with any Subsidiary or other Affiliate (other than another Borrower) including, without limitation, the purchase, sale, lease or exchange of Property, or the loaning, capitalization or giving of funds to any such Affiliate or any Subsidiary, unless (i) such Subsidiary or Affiliate is engaged in a business substantially related to the business conducted by such Borrower, (ii) the transaction is in the ordinary course of and pursuant to the reasonable requirements of such Borrower’s business and upon terms substantially the same and no less favorable to such Borrower as it would obtain in a comparable arm’s-length transactions with any Person not an Affiliate or a subsidiary and (iii) such transaction is not prohibited hereunder.
Transactions With Affiliates or Subsidiaries a. No Borrower shall enter into any transaction with any Subsidiary or other Affiliate, including, without limitation, the purchase, sale, or exchange of Property, or the loaning or giving of funds to any Affiliate or any Subsidiary unless: (i) the transaction is in the ordinary course of and pursuant to the reasonable requirements of such Loan Party’s business and upon terms substantially the same and no less favorable to such Loan Party as it would obtain in a comparable arm’s length transactions with any Person not an Affiliate or a Subsidiary, and so long as such transaction is not prohibited hereunder; (ii) such transaction is intended for incidental administrative purposes; (iii) pursuant to the Management Agreement; or (iv) pursuant to the making of the Proceeds Loan to Parent or receipt of payments of the Proceeds Loan.
Transactions With Affiliates or Subsidiaries. Borrower shall not enter into any transaction with any Subsidiary or other Affiliate, including, without limitation, the purchase, sale, or exchange of Property, or the loaning or giving of funds to any Affiliate or any Subsidiary unless: (i) such Subsidiary or Affiliate is engaged in a business substantially related to the business conducted by Borrower and the transaction is in the ordinary course of and pursuant to the reasonable requirements of Borrower’s business and upon terms substantially the same and no less favorable to Borrower as it would obtain in a comparable arm’s length transactions with any Person not an Affiliate or a Subsidiary, and so long as such transaction is not prohibited hereunder; (ii) such transaction is intended for incidental administrative purposes; or (iii) it is a dividend.
Transactions With Affiliates or Subsidiaries. The Borrower shall not, nor shall they cause or permit any of the Restricted Subsidiaries to, enter into any transaction of any kind or nature with any Affiliate, including, without limitation, the purchase, sale, transfer or exchange of Property, or the loaning or giving of funds to any Affiliate or any Subsidiary, excepting (a) sales of Property (including the sale of receivables and related accounts to the Bankruptcy Remote Subsidiary) and/or services and co-licensing or co-marketing arrangements or agreements pursuant to the reasonable requirements of the Borrower’s or any Restricted Subsidiary’s business and upon terms substantially the same and no less favorable to such party as it would obtain in a comparable arm’s length transaction with any Person not an Affiliate, and so long as such transaction is not otherwise prohibited hereunder, (b) loans and transfers of Property by the Borrower to any Restricted Subsidiary and loans and transfers of Property by any Restricted Subsidiary to the Borrower or other Restricted Subsidiary, (c) loans by the Borrower or any Restricted Subsidiary to any of the Borrower’s Subsidiaries (other than the Borrower or a Restricted Subsidiary) after the date hereof in an aggregate amount as to all such loans under this clause (c) not to exceed $20,000,000 at any time outstanding in the aggregate after the Effective Date, provided, however, that a loan may be made by the Borrower or a Restricted Subsidiary to any of the Borrower’s Subsidiaries (other than the Borrower or a Restricted Subsidiary) which, when aggregated with all then outstanding loans referenced in this clause (c), would exceed $20,000,000 so long as the recipient of such loan unconditionally guarantees and becomes surety for all of the Borrower’s Obligations on terms and conditions and under a written guaranty satisfactory to the Administrative Agent within sixty (60) days of the funding of such loan, (d) the de minimis transfer by the Borrower or a Restricted Subsidiary of its Property to any of the Borrower’s Subsidiaries and (e) transactions expressly permitted pursuant to Sections 6.5, 6.6 and 6.7(k) hereof and payment of compensation in the ordinary course.
Transactions With Affiliates or Subsidiaries. Borrower shall not enter into any transaction with any Subsidiary or other Affiliate, including, without limitation, the purchase, sale, or exchange of Property, or the loaning or giving of funds to any Affiliate or any Subsidiary unless: (i) (A) except with regard to loans or advances to Borrower by either the Permitted Capcos or by Parent, such Subsidiary or Affiliate is engaged in a business substantially related to the business conducted by Borrower, and (B) except with regard to loans or advances to Borrower by either the Permitted Capcos or by Parent expressly permitted under the Loan Documents, the transaction is in the ordinary course of Borrower’s business (but nevertheless such loans or advances to Borrower by either the Permitted Capcos or by Parent must be consistent with past practices), and, in each case, pursuant to the reasonable requirements of Borrower’s business and upon terms substantially the same and no less favorable to Borrower as it would obtain in a comparable arm’s length transactions with any Person not an Affiliate or a Subsidiary, and so long as such transaction is not prohibited hereunder; (ii) such transaction is intended for incidental administrative purposes; or (iii) it is a dividend.
Transactions With Affiliates or Subsidiaries. (a) Borrower shall not enter into any transaction with any Subsidiary or other Affiliate including, without limitation, the purchase, sale, lease or exchange of Property, or the loaning or giving of funds to any Affiliate or any Subsidiary (other than a sale to a special purpose Subsidiary in connection with a Securitization Transaction or other non-recourse sale), unless (i) such Subsidiary or Affiliate is engaged in a business substantially related to the business conducted by Borrower and the transaction is in the ordinary course of and pursuant to the reasonable requirements of Borrower's business and upon terms substantially the same and no less favorable to Borrower as it would obtain in a comparable arm's-length transactions with any Person not an Affiliate or a Subsidiary, and (ii) so long as such transaction is not otherwise prohibited hereunder.
Transactions With Affiliates or Subsidiaries. (a) No Borrower shall enter into any transaction with any Subsidiary or other Affiliate including, without limitation, the purchase, sale, or exchange of Property, or the loaning or giving of funds to any Affiliate or any Subsidiary unless (i) such Subsidiary or Affiliate is engaged in a business substantially related to the business conducted by Borrowers, is a Borrower hereunder and the transaction is in the ordinary course of and pursuant to the reasonable requirements of such Borrower's business and upon terms substantially the same and no less favorable to such Borrower as it would obtain in a comparable arm's-length transactions with any Person not an Affiliate or a Subsidiary, and so long as such transaction is not prohibited hereunder; or (ii) such transaction is intended for incidental administrative purposes. (An "Affiliate" means any entity which directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with any such Borrower. Control may be by ownership, contract, or otherwise.)
Transactions With Affiliates or Subsidiaries. (a) No Borrower shall enter into any transaction with any Subsidiary or other Affiliate (other than another Borrower) including, without limitation, the purchase, sale, lease or exchange of Property, or the loaning, capitalization or giving of funds to any such Affiliate or any Subsidiary, unless (i) such Subsidiary or Affiliate is engaged in a business substantially related to the business conducted by such Borrower, (ii) the transaction is in the ordinary course of and pursuant to the reasonable requirements of such Borrower’s business and upon terms substantially the same and no less favorable to such Borrower as it would obtain in a comparable arm’s length transactions with any Person not an Affiliate or a Subsidiary, and (iii) such transaction is not prohibited hereunder. Notwithstanding the foregoing, Borrowers may engage in each of the transactions noted on Schedule 7.04(a) hereto, in each case to the extent (as applicable) not prohibited under the Subordination Agreements and not otherwise prohibited hereunder.
Transactions With Affiliates or Subsidiaries. (a) No BORROWER shall enter into any transaction with any subsidiary or other Affiliate (other than another BORROWER) including, without limitation, the purchase, sale, lease or exchange of Property, or the loaning, capitalization or giving of funds to any such Affiliate or any subsidiary, unless (i) such subsidiary or Affiliate is engaged in a business substantially related to the business permitted to be conducted by such BORROWER hereunder and (ii) the transaction is in the ordinary course of and pursuant to the reasonable requirements of such BORROWER'S business and upon terms substantially the same and no less favorable to such BORROWER as it would obtain in a comparable arm's-length transactions with any Person not an Affiliate or a subsidiary and (iii) such transaction is not prohibited hereunder.
