Restricted Entity definition

Restricted Entity means a Person principally engaged in the business of owning, operating, managing, franchising or branding retail nutrition supplement stores, or developing or manufacturing nutritional supplements, that, in each case, competes with the Company and is listed on Exhibit B attached hereto, as such list may be amended by the Company acting reasonably and in good faith from time to time, but not more than once every twelve (12) months, by delivery of written notice to Investor no less than one-hundred and twenty (120) days prior to such amendment; provided that in no event shall Exhibit B contain more than fifteen (15) such Persons at any one time; provided, further, for the avoidance of doubt, “Restricted Entity” shall not include any Investor Entity as of the date hereof.

Restricted Entity means any "employee benefit plan" as defined in and subject to ERISA, any "plan" as defined in and subject to Section 4975 of the Code, or any entity any portion or all of the assets of which are deemed pursuant to United States Department of Labor Regulation Section 2510.3-101 or otherwise pursuant to ERISA or the Code to be, for any purpose of ERISA or Section 4975 of the Code, assets of any such "employee benefit plan" or "plan" that invests in such entity.

Restricted Entity means any of the Parent and its Restricted Subsidiaries, including the Borrowers.

Examples of Restricted Entity in a sentence

• The Warrants cannot be sold, transferred, assigned or novated or otherwise disposed of and no back-to-back ODIs may be entered into and no agreement with respect to any of the foregoing may be entered into by the Warrantholder nominees, associates or affiliates (each, a " Transfer") with, an entity which is a Restricted Entity or an entity which is not a Regulated Entity.

• No Restricted Entity or Affiliate thereof is an "investment company" or a company "controlled" by an "investment company" within the meaning of the Investment Company Act of 1940, as amended.

• Each Restricted Entity possesses all permits, licenses, patents, patent rights or licenses, trademarks, trademark rights, trade names rights, and copyrights which are material to the conduct of its business.

• No Restricted Entity or Affiliate thereof is a regulated public utility.

• Each Restricted Entity manages and operates its business in accordance with all applicable Legal Requirements except where the failure to so manage or operate could not reasonably be expected to result in a Material Adverse Change; provided that this Section 4.14 does not apply with respect to Environmental Permits.

More Definitions of Restricted Entity

Restricted Entity means (a) the Borrower and (b) each Restricted Subsidiary.

Restricted Entity means any of the entities whose names appear on Appendix A hereto.

Restricted Entity means any Restricted Subsidiary and any of the Canadian Joint Ventures.

Restricted Entity means any Person that is (i) a financial holding company, (ii) a bank holding company, (iii) a foreign bank that is subject to the BHCA, (iv) a savings and loan holding company under the Home Owners’ Loan Act of 1933, as amended, (v) an investment advisor, an investment company, a broker-dealer, security-based swap dealer or security–based swap execution facility, (vi) an insurance company, (vii) a Person regulated by the Commodity Futures Trading Commission, (viii) a Controlled Affiliate of any of the foregoing, or subject to registration with any non-U.S. Governmental authority or any SRO, or (ix) any entity that is the functional equivalent of any of the Persons described in the foregoing subsections (i) - (viii).

Restricted Entity means the SPEs and any other Subsidiary of the Borrower that the Administrative Agent has designated as a Restricted Entity in its sole discretion.

Restricted Entity means (a) [***] and any Subsidiaries of the companies set forth above; (b) any successor-in-interest of any of the companies referenced in (a) above and any successors to all or substantially all of their respective Memory Products businesses; (c) any Affiliate of any company set forth in (a) above; or (d) a company that uses its Controlled Facility to manufacture Memory Products in wafer form and that derives (either on a consolidated or standalone basis) at least [***] percent ([***]%) of its revenue from the manufacture or sale of Memory Products (based on the last fiscal year of such revenue).

Restricted Entity means any person or entity identified on the Denied Persons List published by the Bureau of Industrial Security (http://www.bis.doc.gov/dpl/thedeniallist.asp), or any entity incorporated or having a principle place of business in an embargoed country as defined in EAR Part 746 (http://www.bis.doc.gov/news/archive99/repts/embargod.pdf).