Acquisition SPV definition

Acquisition SPV means a direct or indirect Subsidiary of the Parent other than a Loan Party, established or maintained for the purpose of making Investments that are not prohibited hereunder provided it has no other Indebtedness other than Acquisition SPV Indebtedness or Indebtedness owed to a member of the Group.

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Acquisition SPV shall have the meaning assigned to such term in the recitals hereto.

Acquisition SPV means Berry Global International Holdings Limited, a newly incorporated company under the laws of England and Wales, formed by the Company for the purpose of undertaking the Acquisition.

Examples of Acquisition SPV in a sentence

• Following the Acquisition Date, Acquisition SPV shall not have any commitment or obligation to make capital contributions to the PMF.

• There is no material fact concerning Borrower or, to Borrower’s knowledge, Acquisition SPV the PMF or any PE Fund that Borrower has not disclosed to Lender in writing which would reasonably be expected to result in a Material Adverse Effect.

• The seizure or foreclosure of any of the properties or assets of Borrower, Acquisition SPV or the PMF pursuant to process of law or by respect of legal self-help, and which shall have a Material Adverse Effect, unless said seizure or foreclosure is stayed or bonded in full within sixty (60) days after the occurrence of same.

• A copy of the Acquisition SPV Partnership Agreement and any other Organizational Documents of Acquisition SPV.

• The Security Agreement (including all of its respective schedules and exhibits), duly executed and delivered by Borrower to Lender and all other appropriate parties thereto, together with (i) the establishment and opening of the Master Collateral Account as required therein and (ii) the Recognition Agreement, duly executed and delivered by Acquisition SPV and Borrower.

• There is no outstanding Indebtedness owed by Borrower or Acquisition SPV except as permitted by Section 5.4 and, on the Closing Date, there is no Lien affecting the Collateral, other than Liens in favor of Lender.

• Upon receipt of an Issuer Insolvency Payment by the Borrower or the Acquisition SPV, the Borrower shall prepay the Loan in an amount equal to 50% or (in the case of a Full Prepayment Event) 100% of such Issuer Insolvency Payment, provided that any Issuer Insolvency Payment not applied in prepayment of the Loan pursuant to this Clause 6.7 shall be used and applied towards prepayment of the outstanding loans under the KEXIM Facility Agreement.

• Notwithstanding anything to the contrary in this Section 4.12(b), but subject to Section 2.5 hereof, Borrower shall be permitted to withdraw and direct that all funds in the Master Collateral Account be distributed to Acquisition SPV to consummate the Acquisition Transactions.

• Borrower shall not, and shall not exercise its voting rights under Acquisition SPV’s Organizational Documents to permit Acquisition SPV to, create or suffer to exist any Lien, or cause any other Person to create or suffer to exist any Lien (other than Liens in favor of Lender), upon or against any of the assets or properties of Borrower or Acquisition SPV, including, without limitation, the Collateral.

• Borrower shall not, and shall not exercise its voting rights under Acquisition SPV’s Organizational Documents to permit Acquisition SPV to, incur any Indebtedness, other than Permitted Indebtedness.

More Definitions of Acquisition SPV

Acquisition SPV means HarbourVest-Origami Structured Solutions L.P., a Delaware limited partnership.

Acquisition SPV shall have the meaning assigned to such term in the definition of “RPC Acquisition.”

Acquisition SPV means ▇▇▇▇▇ Global International Holdings Limited, a newly incorporated company under the laws of England and Wales, formed by the Company for the purpose of undertaking the Acquisition.

Acquisition SPV means a direct or indirect Subsidiary of the Parent, established or maintained for the sole purpose of making Permitted Acquisitions provided it has no other Financial Indebtedness other than Acquisition SPV Indebtedness and/or Financial Indebtedness owed to a member of the Group;