Unconditional Purchase Obligations. The Borrower shall not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 7 contracts
Samples: Loan and Security Agreement (CHS Inc), Revolving Credit and Security Agreement (Millennium Ethanol, LLC), And Security Agreement (Millennium Ethanol, LLC)
Unconditional Purchase Obligations. The Borrower shall not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 5 contracts
Samples: Bridge Financing Agreement (Jaguar Animal Health, Inc.), Note Purchase Agreement (Blue Calypso, Inc.), Securities Purchase Agreement
Unconditional Purchase Obligations. The Borrower shall not enter into or be a party to any contract for the purchase or lease of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 3 contracts
Samples: Reimbursement Agreement (Cellu Tissue Holdings, Inc.), Reimbursement Agreement (Cellu Tissue Holdings, Inc.), Reimbursement Agreement (Clearwater Paper Corp)
Unconditional Purchase Obligations. The Borrower shall not and shall not permit any Subsidiary to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 3 contracts
Samples: Loan and Security Agreement (Ari Network Services Inc /Wi), Revolving Credit Agreement (American Land Lease Inc), Credit Agreement (Integrity Media Inc)
Unconditional Purchase Obligations. The Borrower shall not, and shall not permit any Material Subsidiary to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services services, if such contract requires that payment payments be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 3 contracts
Samples: Bridge Credit Agreement (Fred Meyer Inc), Credit Agreement (Fred Meyer Inc), Day Credit Agreement (Fred Meyer Inc)
Unconditional Purchase Obligations. The Borrower shall not, and shall not permit any Subsidiary to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 3 contracts
Samples: Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Boyd Bros Transportation Inc)
Unconditional Purchase Obligations. The Borrower shall not not, without the prior written consent of the Bank, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Loan and Security Agreement (PLM Equipment Growth Fund V), Loan and Security Agreement (PLM Equipment Growth Fund V)
Unconditional Purchase Obligations. The Borrower shall not, and shall not permit any Affiliate, to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.), Credit and Security Agreement (Sancilio Pharmaceuticals Company, Inc.)
Unconditional Purchase Obligations. The Borrower shall not, and shall not permit any Subsidiary to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services services, if such contract requires that payment payments be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Loan Agreement (Fred Meyer Inc), Loan Agreement (Quality Food Centers Inc)
Unconditional Purchase Obligations. The No Borrower shall not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Loan and Security Agreement (BG Staffing, Inc.), Loan and Security Agreement (LTN Staffing, LLC)
Unconditional Purchase Obligations. The Borrower shall not, and shall not permit any of its Material Subsidiaries to, enter into or be a party to to, any material contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it the Borrower or such Material Subsidiary regardless of whether or not delivery is ever made of such materials, supplies or other property or servicesservices is ever made, except any such contract for the purchase of electrical power entered into by the Borrower or such Material Subsidiary in the ordinary course of its business.
Appears in 2 contracts
Samples: Intercreditor Agreement (Eldorado Gold Corp /Fi), Intercreditor Agreement (Eldorado Gold Corp /Fi)
Unconditional Purchase Obligations. The Each Borrower shall not enter into ---------------------------------- or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amrep Corp.), Loan and Security Agreement (Amrep Corp.)
Unconditional Purchase Obligations. The Borrower Borrowers shall not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amerinac Holding Corp.), Loan and Security Agreement (Smithway Motor Xpress Corp)
Unconditional Purchase Obligations. The No Domestic Borrower shall not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Samples: Loan and Security Agreement (Allied Defense Group Inc)
Unconditional Purchase Obligations. The Borrower shall not, and shall not permit any Subsidiary to, enter into or be a party to any contract for the purchase of materials, supplies or other property Property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property Property or services.
Appears in 1 contract
Unconditional Purchase Obligations. The Borrower shall not not, nor shall it permit any of its Subsidiaries to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services services, if such contract requires that payment be made by it regardless of whether or not delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Unconditional Purchase Obligations. The Borrower shall not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or servicesservices provided however that the Borrower may, in the ordinary course of business enter into “take or pay” contracts with natural gas, water and electric utilities under commercially reasonable terms.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp)
Unconditional Purchase Obligations. The Borrower shall not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services. [****]=[CONFIDENTIAL PORTION HAS BEEN OMMITTED BECAUSE (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF DISCLOSED.
Appears in 1 contract
Unconditional Purchase Obligations. The Borrower shall not, and shall not permit any Subsidiary, to enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Samples: Loan and Security Agreement (Parlux Fragrances Inc)
Unconditional Purchase Obligations. The Borrower shall agrees that it will not, and not permit any other Parent Entity to, enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Unconditional Purchase Obligations. The Each Borrower shall not enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Unconditional Purchase Obligations. The Neither Borrower shall not nor Operator will enter into or be a party to any contract for the purchase of materials, supplies or other property or services if such contract requires that payment be made by it regardless of whether delivery is ever made of such materials, supplies or other property or services.
Appears in 1 contract
Samples: Loan and Security Agreement (Adcare Health Systems, Inc)
