Ethex definition
Examples of Ethex in a sentence
Redeem, retire, purchase or ------------------- otherwise acquire, directly or indirectly, any common capital stock of any Borrower or other evidence of ownership interest, or declare or pay dividends upon any common capital stock of any Borrower or make any distribution of Borrowers' property or assets to any stockholders except Ethex and PDI may declare and pay dividends to K-V.
Redeem, retire, purchase or otherwise acquire, directly or indirectly, any common capital stock of any Borrower or other evidence of ownership interest, or declare or pay dividends upon any common capital stock of any Borrower or make any distribution of Borrowers' property or assets to any stockholders except Ethex and PDI may declare and pay dividends to K-V.
Notwithstanding anything herein to the contrary, the Indebtedness of or relating to Ethex shall be permitted only pursuant to the foregoing clause (p).
The Borrower also shall cause the sale or other disposition of all assets of Ethex to Persons that are not Affiliates.
Notwithstanding anything herein to the contrary, no Liens shall be permitted on any Credit Party’s (other than Ethex) or any of its Subsidiaries, assets or properties of any kind if such Lien relates to any obligation of Ethex’s unless such Lien existing on the Closing Date.
Notwithstanding anything herein to the contrary, no Investment in or for the benefit of Ethex shall be permitted other than an Investment contemplated by the then-applicable Cash Flow Forecast, and all such Investments shall not exceed in the aggregate from the Closing Date of the Existing Credit Agreement, the amount contemplated in the Initial Approved Budget.
The Court granted in part and denied in part our motion to dismiss the complaint, as well as that of co-defendants Ethex Corp.
The Credit Parties shall not at any time permit cash or Cash Equivalents held by Ethex to exceed the amount set forth in the then-applicable Cash Flow Forecast and necessary to pay a current obligation, and in any event, not to exceed, in the aggregate from the Closing Date, the amount contemplated for such payments in the Initial Approved Budget.