Prohibited Assignee definition

Prohibited Assignee means any Person that is a bona fide business competitor of the Consolidated Parties and is set forth in that certain letter agreement, dated as of the date hereof, between the Borrower and the Administrative Agent as updated from time to time with the Administrative Agent’s prior written consent in its reasonable discretion.

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Prohibited Assignee means (i) any Competitor and (ii) any Affiliate of a Competitor, as determined by the Borrowers and identified in a written notice by the Borrower Representative to the Administrative Agent with the Administrative Agent’s written consent (not to be unreasonably withheld); provided as to clause (i) and (ii) above, that “Prohibited Assignee” shall not include commercial or corporate banks or bona fide debt funds, and any funds that are managed or controlled by such commercial or corporate banks or bona fide debt funds which funds principally invest in commercial loans or debt securities.

Prohibited Assignee. The meaning set forth in the Fee Letter, which definition is incorporated herein by reference.

Examples of Prohibited Assignee in a sentence

Provided, that, so long as no Event of Default has occurred, Buyer shall not assign to a Prohibited Assignee.
If the assignee of any Restructured Loan or Restructured Note is a broker or other intermediary, the Restructure Lender making the assignment shall be required to obtain, prior to such assignment, a representation from such Person that the Restructured Loan and Restructured Note will not be beneficially owned by any Prohibited Assignee.
Notwithstanding the foregoing, no Lender shall disclose any of the information described in the prior sentence to a Prohibited Assignee.
If such assignee is a Prohibited Assignee, then Operator shall have the right, without penalty or payment, to terminate this Agreement immediately upon such assignment or transfer.
Notwithstanding the foregoing, in the event Licensee has reason to believe that Licensor's Board of Directors has not made such determination in good faith after reasonable inquiry, such issue of Licensor's good faith shall be resolved in accordance with the arbitration mechanism set forth in Section 19(c) of the Distributor Agreement, dated the date hereof between the parties hereto, and if it is determined not to have been made in good faith, then such entity will not be deemed a Prohibited Assignee.

More Definitions of Prohibited Assignee

Prohibited Assignee means (i) any Competitor and (ii) any Affiliate of a Competitor, as determined by the Borrower and identified in a written notice by the Borrower to the Administrative Agent with the Administrative Agent’s written consent (not to be unreasonably withheld); provided as to clause (i) and (ii) above, that “Prohibited Assignee” shall not include commercial or corporate banks or bona fide debt funds, and any funds that are managed or controlled by such commercial or corporate banks or bona fide debt funds which funds principally invest in commercial loans or debt securities.

Prohibited Assignee means (i) any competitor of the Company primarily operating in the biopharmaceutical industry, at least 50.0% of the revenues of which are derived from the sale of biopharmaceutical products, and (ii) any of such competitor’s Affiliates (other than any Person that is a bona fide debt fund primarily engaged in the making, purchasing, holding or other investing in commercial loans, notes, bonds or similar extensions of credit or securities in the ordinary course of business) that is either (x) identified by name in writing by the Company to the Investors from time to time or (y) clearly identifiable on the basis of such Affiliate’s name.

Prohibited Assignee means any (a) so-called “vulture fund”, “loan-to-own fund”, distressed debt fund or other fund that is similar to the foregoing, in each case, whose primary business is distressed investing; (b) entity set forth in Schedule 10, (c) business development company under the Investment Company Act (or entity which has filed with the Securities and Exchange Commission to become a business development company under the Investment Company Act as of such date), hedge fund, non-bank asset manager, credit opportunities fund or specialty finance company, in each case, that directly and routinely competes with Logan Ridge’s senior debt business and which derives substantially all of its revenue from lending to and making investments in middle market companies; or (d) any Affiliate of any entity described under clauses (b) or (c) above.

Prohibited Assignee has the meaning set forth in Section 12.5.

Prohibited Assignee means any (i) so-called “vulture fund”, “loan-to-own fund”, distressed debt fund or other fund that is similar to the foregoing, in each case, whose primary business is distressed investing; (ii) business development company under the Investment Company Act (or entity which has filed with the Securities and Exchange Commission to become a business development company under the Investment Company Act as of such date), hedge fund, non-bank asset manager, credit opportunities fund or specialty finance company, in each case, that directly and routinely competes with Capitala’s senior debt business and which derives substantially all of its revenue from lending to and making investments in middle market companies; or (iii) any Affiliate of any entity described under clause (ii) above.

Prohibited Assignee means any third party who (x) [***] Any purported assignment of this VPA or the rights or obligations of a party under this VPA in violation of this Section 12.4 shall be null, void and of no further force or effect and shall constitute a Material Default.

Prohibited Assignee means (i) any Official in Ghana or of the Government or GNPC whilst it is owned or Controlled by the Government; or (ii) any Family Member of such an Official referred to in (i) above; or (iii) any entity in which one or more individuals specified in (i) or (ii) owns an interest, except as a consequence of ownership by such individual of publicly-traded securities.