Other Permitted Acquisition definition

Other Permitted Acquisition means any Permitted Acquisition (excluding, however, an Act III Acquisition, if any).
Other Permitted Acquisition. Permitted Acquisition”, “Permitted Equity Offering”, “Subsequent Effective Date”, “Total EBITDA Ratio”, “Total Funded Debt”.
Other Permitted Acquisition means a Permitted Acquisition in respect of which either (i) less than 100% (other than directors’ qualifying shares required by law) of the capital stock or similar equity interest of any acquired or newly formed corporation, partnership, limited liability company or other business entity is owned directly by Holdings or a U.S. Wholly-Owned Subsidiary such that such acquired or newly formed entity shall not become a Loan Party in accordance with Section 7.13 or (ii) in the case of an asset acquisition, the acquired assets are not owned directly by a Loan Party.

Examples of Other Permitted Acquisition in a sentence

  • Capital Expenditures made for the purpose ------------------------------ of, and in connection with, (a) the acquisition or construction by the Borrower or any of its Subsidiaries of Stopping Centers and Petro:Lubes acquired, constructed or opened after the Original Closing Date, (b) any Other Permitted Acquisition and (c) any New Profit Center.

  • Capital Expenditures made for the purpose ------------------------------ of, and in connection with, (a) the acquisition or construction by the Borrower or any of its Subsidiaries of Stopping Centers and Petro:Lubes to be acquired, constructed or opened after the Closing Date, (b) any Other Permitted Acquisition and (c) any New Profit Center.

  • The proceeds of the Advances shall be used solely to finance the Permitted Financed Acquisitions and New Site Capital Expenditures associated with any Project, Petro:Lube Project, New Profit Center Project or Other Permitted Acquisition of a New Profit Center.

  • Capital Expenditures made for the purpose of, ------------------------------ and in connection with, (a) the acquisition or construction by the Borrower or any of its Subsidiaries of Stopping Centers and Petro:Lubes to be acquired, constructed or opened after the Closing Date, (b) any Other Permitted Acquisition and (c) any New Profit Center.


More Definitions of Other Permitted Acquisition

Other Permitted Acquisition means the acquisition (other than the Designated Permitted Acquisition) by a Qualified Credit Party of an Acquired Entity or Business; provided that (in each case) (a) the consideration paid or to be paid by the Qualified Credit Party consists solely of cash, Borrower Common Stock, Qualified Preferred Stock of the Borrower, the issuance or incurrence of Indebtedness otherwise permitted by Section 9.04 and the assumption/acquisition of any Indebtedness (calculated at face value) which is permitted to remain outstanding in accordance with the requirements of Section 9.04, (b) in the case of the acquisition of 100% of the Equity Interests of any Acquired Entity or Business (including by way of merger), such Acquired Entity or Business shall own no Equity Interests of any other Person (either directly or indirectly) unless either (i) such Acquired Entity or Business owns 100% of the Equity Interests of such other Person or (ii) if such Acquired Entity or Business owns Equity Interests in any other Person which is a Non Wholly-Owned Subsidiary of such Acquired Entity or Business, (A) such Acquired Entity or Business shall not have been created or established in contemplation of, or for purposes of, the respective Other Permitted Acquisition, (B) any such Non-Wholly Owned Subsidiary of the Acquired Entity or Business shall have been a Non-Wholly-Owned Subsidiary of such Acquired Entity or Business prior to the date of the respective Other Permitted Acquisition and shall not have been created or established in contemplation thereof and (C) such Acquired Entity or Business and/or its Wholly-Owned Subsidiaries own at least 90% of the total value of all the assets owned by such Acquired Entity or Business and its Subsidiaries (for purposes of such determination, excluding the value of the Equity Interests of Non-Wholly-Owned Subsidiaries held by such Acquired Entity or Business and its Wholly-Owned Subsidiaries), (c) all of the business, division or product line acquired pursuant to the respective Other Permitted Acquisition, or the business of the Person acquired pursuant to the respective Permitted Acquisition and its Subsidiaries taken as a whole, is in the United States, (d) the Acquired Entity or Business acquired pursuant to the respective Permitted Acquisition is in a business permitted by Section 9.13 and (e) all requirements of Sections 8.18, 9.02 and 9.14 applicable to Permitted Acquisitions are satisfied.