DAH definition
Examples of DAH in a sentence
Agents shall have received copies of the Merger Agreement and the Merger Agreement shall be in full force and effect and no provision thereof shall have been modified or waived in any material respect (including, without limitation, any increase in the price to be paid for the DAH Common Stock to an amount in excess of $23.00 per share after the date hereof), in each case without the consent of Agents and Requisite Lenders, such consent not to be unreasonably withheld.
Agents shall have an Officer's Certificate from Company to the effect that, to the best knowledge of Company, the representations and warranties of Acquisition Co. and DAH in the Merger Agreement are true, correct and complete in all material respects on and as of the date thereof.
Acquisition Co. shall have deposited with the depository not less than the purchase price for the DAH Common Stock to be purchased in the Tender Offer in immediately available funds contemporaneously with the application of the Term Loans to be made on the Closing Date.
To the extent Company advances to DAH proceeds of the Working Capital Loans during such period, such advances shall be evidenced by the Intercompany Note Relating to Tranche A Term Loans and Working Capital Loans which note shall be pledged by Company to Administrative Agent pursuant to the Finance Co. Pledge Agreement.
The proceeds of the Working Capital Loans and any Swing Line Loans may be applied by Company for working capital and general and other corporate purposes, including the making of advances to DAH as described below.
Company shall cause Acquisition Co. and DAH to comply with all material covenants set forth in the Merger Agreement applicable prior to the consummation of the Merger.
To the extent Company advances to DAH proceeds of the Term Loans on the Closing Date to repay the Existing DAH Debt, such advances shall be evidenced by the Intercompany Note Relating to Tranche A Term Loans and Working Capital Loans and /or the Intercompany Note Relating to Tranche B Term Loans, as the case may be, which notes shall be pledged by Company to Administrative Agent pursuant to the Finance Co. Pledge Agreement.
The Working Capital Loans may be advanced by Company to DAH during the period from and including the Closing Date to and including the Merger Date for working capital and general and other corporate purposes.
Company shall not permit DAH on and after the Closing Date to issue any options, warrants or other rights to purchase or acquire any equity interest in DAH if after giving effect thereto, Company would own less than the Minimum Shares.
No material adverse change in the financial condition, operations, assets, business, properties or prospects of DAH and its Subsidiaries (excluding Avtech and its Subsidiaries), taken as a whole, since December 31, 1997, and of Avtech and its Subsidiaries, taken as a whole, since September 30, 1997, shall have occurred.