Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 14 contracts
Samples: Indenture (Albertsons Companies, Inc.), Indenture (Albertsons Companies, Inc.), Indenture (Albertsons Companies, Inc.)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into into, amalgamated with, or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger merger, amalgamation or consolidation;.
Appears in 6 contracts
Samples: Supplemental Indenture (Verso Sartell LLC), Indenture (RBS Global Inc), Indenture (OEI, Inc.)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an any entity merged into or consolidated with the Company or a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date accordance with Article 5 to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 5 contracts
Samples: Indenture (Bonanza Creek Energy, Inc.), Indenture (Bonanza Creek Energy Operating Company, LLC), Indenture (Bill Barrett Corp)
Investments of. a Restricted Subsidiary of the Company Borrower acquired after the Issue Closing Date or of an entity merged into or consolidated with a Restricted Subsidiary of the Company Borrower in a transaction that is not prohibited by Section 5.01 6.7 after the Issue Closing Date to the extent that such Investments were not made in contemplation of such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 4 contracts
Samples: Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (JELD-WEN Holding, Inc.)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 3 contracts
Samples: Acceptable Intercreditor Agreement (Dave & Buster's Entertainment, Inc.), Indenture (At Home Group Inc.), Indenture (Clarivate Analytics PLC)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date date of this Indenture or of an entity merged into the Company or merged into or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 accordance with Article 5 after the Issue Date date of this Indenture to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 2 contracts
Samples: Indenture (Graham Packaging Holdings Co), Graham Packaging Holdings Co
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into or consolidated with the Company or a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 4.1 after the Issue Date Date, to the extent that such Investments were not made in contemplation of such acquisition, merger merger, or consolidation and were in existence on the date of such acquisition, merger merger, or consolidation;; and
Appears in 2 contracts
Samples: Indenture (Libbey Inc), Indenture (Libbey Inc)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date date of this Indenture or of an any entity merged into or consolidated with the Company or a Restricted Subsidiary of the Company in a transaction that is not prohibited by accordance with Section 5.01 after the Issue Date to of this Indenture, the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 2 contracts
Samples: Indenture (EV Energy Partners, LP), Indenture (Linn Energy, LLC)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into into, amalgamated with, or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger merger, amalgamation or consolidation;
Appears in 2 contracts
Samples: Indenture (Rexnord Corp), Indenture (RBS Global Inc)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity consolidated, amalgamated or merged with or into or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 or that otherwise becomes a Restricted Subsidiary in accordance with the provisions of this Indenture after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, consolidation, amalgamation, merger or consolidation other transaction and were in existence on the date of such acquisition, consolidation, amalgamation, merger or consolidationother transaction;
Appears in 2 contracts
Samples: Indenture (FTAI Aviation Ltd.), Supplemental Indenture (FTAI Aviation Ltd.)
Investments of. a Restricted Subsidiary of or the Company acquired after the Issue Date or of an entity merged into or consolidated with the Company or a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Samples: Indenture (Maxar Technologies Inc.)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into into, amalgamated with, or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section TRDOCS01/76765.8 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger merger, amalgamation or consolidation;.
Appears in 1 contract
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity consolidated, amalgamated or merged with or into or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, consolidation, amalgamation or merger or consolidation and were in existence on the date of such acquisition, merger consolidation, amalgamation or consolidationmerger;
Appears in 1 contract
Samples: Supplemental Indenture (Fortress Transportation & Infrastructure Investors LLC)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into into, amalgamated with, or consolidated with the Issuer or a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger merger, amalgamation or consolidation;consolidation and do not constitute a material portion of the assets of the entity so acquired; and
Appears in 1 contract
Samples: Senior Secured Notes Indenture (Lri Holdings, Inc.)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity consolidated, amalgamated or merged with or into or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 6.9 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, consolidation, amalgamation or merger or consolidation and were in existence on the date of such acquisition, merger consolidation, amalgamation or consolidationmerger;
Appears in 1 contract
Samples: Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into into, amalgamated with or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger merger, amalgamation or consolidation and were in existence on the date of such merger, acquisition, merger amalgamation or consolidation;
Appears in 1 contract
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into into, amalgamated with, or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 after the Issue Date to the extent that such Investments were not made in contemplation of such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;Section
Appears in 1 contract
Samples: Supplemental Indenture (Covalence Specialty Adhesives LLC)
Investments of. a Restricted Subsidiary of the Company acquired after the Issue Date or of an entity merged into the Issuer or merged into or consolidated with a Restricted Subsidiary of the Company in a transaction that is not prohibited by Section 5.01 accordance with Article 5 after the Issue Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Samples: Indenture (Orbimage Inc)