American Capital, LLC definition
Examples of American Capital, LLC in a sentence
The Borrower has disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which it, American Capital, LLC or any Subsidiary is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.
None of American Capital, LLC or any Loan Party is subject to any contract or other arrangement, the performance of which by them could reasonably be expected to result in a Material Adverse Effect.
Part B of Schedule II is a complete and correct list of each Lien securing Indebtedness of any Person outstanding on the Effective Date covering any property of American Capital, LLC, the Borrower or any Loan Parties (other than Liens under the Loan Documents), and the aggregate principal (or equivalent) amount of Indebtedness secured (or that may be secured) by each such Lien and the property covered by each such Lien is correctly described in Part B of Schedule II.
The Borrower will, and will cause each of its Subsidiaries and American Capital, LLC and European Capital, Limited and their respective Subsidiaries to, keep books of record and account in accordance with GAAP.
Each of American Capital, LLC, the Borrower and its Subsidiaries owns, or is licensed to use, all trademarks, tradenames, copyrights, patents and other intellectual property material to its business, and the use thereof by American Capital, LLC, the Borrower and its Subsidiaries does not infringe upon the rights of any other Person, except for any such infringements that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
Set forth in Part B of Schedule IV is a complete and correct list of all Investments (other than Investments of the types referred to in clauses (c), (d) and (e) of Section 6.04) held by American Capital, LLC and any of the Loan Parties in any Person on the Effective Date and, for each such Investment, (x) the identity of the Person or Persons holding such Investment and (y) the nature of such Investment.
Each of American Capital, LLC, the Borrower and its Subsidiaries is in compliance with all laws, regulations and orders of any Governmental Authority applicable to it or its property and all indentures, agreements and other instruments binding upon it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
The Borrower will not, nor will it permit any other Loan Party or American Capital, LLC to, enter into any transaction of merger or consolidation or amalgamation, or liquidate, wind up or dissolve itself (or suffer any liquidation or dissolution).
None of American Capital, LLC, the Borrower or any of its Subsidiaries is engaged principally, or as one of its important activities, in the business of extending credit for the purpose, whether immediate, incidental or ultimate, of buying or carrying Margin Stock, and no part of the proceeds of any extension of credit hereunder will be used to buy or carry any Margin Stock.
Set forth in Part A of Schedule IV is a complete and correct list of all of the Subsidiaries of American Capital, LLC and the Borrower on the Effective Date together with, for each such Subsidiary, (i) the jurisdiction of organization of such Subsidiary and (ii) whether such Subsidiary is a Financing Subsidiary or an Excluded Subsidiary.