Acceptable Acquisition definition

Acceptable Acquisition means any acquisition (whether by merger, amalgamation or otherwise) by the Company or any Subsidiary of more than 50% of the outstanding Equity Interests of a Person which is engaged in a line of business similar or complementary to the business of the Company or such Subsidiary (or reasonable extensions thereof) or the purchase of all or substantially all of the assets owned by such Person or a line of business or brand of such Person.

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Acceptable Acquisition means any Acquisition: (i) which has been either (A) approved by the Board of Directors of the corporation, or governing body of any other business entity, which is the subject of such Acquisition or (B) recommended by such Board or governing body to the shareholders of such corporation or equity owners of such other business entity; and (ii) with respect to which the following conditions are satisfied:

Acceptable Acquisition means an Acquisition:

Examples of Acceptable Acquisition in a sentence

Borrower will not, and it will not cause or permit any of its Subsidiaries to, become obligated to contribute to any Pension Plan or Multi-Employer Plan other than any such plan or plans in existence on the date hereof, except in connection with an Acceptable Acquisition and except in connection with the opening of a new facility as permitted under this Agreement as such new Pension Plan or Multi-Employer Plan may be required in any applicable union contract, if any.
Make, or permit any of its Subsidiaries to make, any Acquisition other than an Acceptable Acquisition.
Reducing Revolver Loans made hereunder to fund Acceptable Acquisitions shall not require the prior written consent of the Agent or the Required Lenders except as required in subpart (c) of the definition of Acceptable Acquisition.
Without the prior written consent of the Required Banks, which consent may not be unreasonably withheld, make any Acquisition other than an Acceptable Acquisition.
The Purchasers agree that any Closing with respect to the purchase and sale of Acquisition Shares shall occur and the Company Option may be exercised by the Company (subject to the notice provisions set forth in Section 1.1 hereof) in a manner such that the Company receives the proceeds from the sale of the Acquisition Shares as to which the Company Option is exercised immediately prior to or simultaneous with the Company's consummation of the Acceptable Acquisition.

More Definitions of Acceptable Acquisition

Acceptable Acquisition has the meaning set forth in Section 6.04.

Acceptable Acquisition means any acquisition (whether by merger or otherwise) by the Company or any Subsidiary of the Company of more than 50% of the outstanding capital stock, membership interests, partnership interests or other similar ownership interests of a Person which is engaged in a line of business similar to the business of the Company or such Subsidiary (or reasonable extensions thereof) or the purchase of all or substantially all of the assets owned by such Person; provided that (a) with respect to such Person which is the subject of an acquisition, such acquisition has been (i) approved by the board of directors or other appropriate governing body of such Person or

Acceptable Acquisition. (collectively, "Acceptable Acquisitions") means an Acquisition where (i) the Acquisition has been approved by the board of directors or similar governing body of the entity, whose assets, business, or securities are to be acquired or purchased, (ii) immediately after such Acquisition, the Borrower would be in compliance with the terms and conditions of this Agreement on a pro forma basis, and (iii) the business of the person or entity to be acquired is substantially similar to the existing business of the Borrower.

Acceptable Acquisition means any Acquisition which (a) has been either (i) approved by the Board of Directors of the corporation which is the subject of such Acquisition or (ii) recommended by such Board to the shareholders of such corporation; and (b) is for a business within similar or complementary lines of business as conducted by the Company on the date hereof; provided that (x) at the time of such Acquisition and immediately after giving effect thereto no Default or Event of Default shall have occurred and be continuing, and (y) if any amount of the consideration paid or being paid for such Acquisition shall be derived directly or indirectly from a Borrowing under the Credit Agreement, then the total cash consideration paid or being paid for such Acquisition, when added to the cash consideration paid or being paid for all Acquisitions made or committed to after November 12, 2002, shall not aggregate in excess of $50,000,000 in cash consideration for all Acquisitions made or committed to after November 12, 2002, and (z) no more than $20,000,000 of the aggregate purchase prices for all Acquisitions made or committed to after November 12, 2002, shall be capital contributions or commitments to make capital contributions to any partnerships or joint ventures in which the Company or any of its Subsidiaries owns less than fifty percent (50%) of the partnership interests or joint venture interests.”

Acceptable Acquisition means any Acquisition which meets all of the following conditions: (a) the aggregate consideration paid for such Acquisition and for all prior Acquisitions during the same Fiscal Year does not exceed $50,000,000; (b) such Acquisition has been approved in good faith by the Board of Directors of the Person making the Acquisition; (c) no Default or Event of Default exists or would exist after giving effect to such Acquisition; and (d) after reviewing historical financial statements of the business being acquired and considering the pro forma position of the Consolidated Entities subsequent to such Acquisition, Micro Warehouse believes in good faith that the Consolidated Entities will continue to be in compliance with the financial covenants contained in Article 9 on a pro forma basis.

Acceptable Acquisition means any transaction completed after the Third Amendment Effective Date pursuant to which the Company, the Holding Company or any Wholly-Owned Subsidiary

Acceptable Acquisition is hereby changed to read as follows: