Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation merged or amalgamated or consolidated into the Borrower or merged, amalgamated or consolidated with a Restricted Subsidiary in accordance with Section 7.04 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 3 contracts
Samples: Credit Agreement (APX Group Holdings, Inc.), Credit Agreement (APX Group Holdings, Inc.), Credit Agreement (APX Group Holdings, Inc.)
Investments of. a Restricted Subsidiary acquired after the Original Closing Restatement Effective Date or of a corporation an entity merged or amalgamated or consolidated into the Borrower or merged, amalgamated or consolidated with a Restricted Subsidiary in accordance with Section 7.04 the definition of Unrestricted Subsidiary after the Original Closing Restatement Effective Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 3 contracts
Samples: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (Safeway Stores 42, Inc.), Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.)
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation Person merged or amalgamated or consolidated into the Borrower or merged, amalgamated or consolidated with or into Borrower or a Restricted Subsidiary Subsidiary, in each case in accordance with Section 7.04 after the Original Closing Date terms of this Agreement to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 2 contracts
Samples: Credit Agreement (Wynn Las Vegas LLC), Credit Agreement (Wynn Resorts LTD)
Investments of. a Restricted Subsidiary of the Borrower acquired after the Original Closing Date or of a corporation an entity merged or amalgamated or consolidated into the Borrower or merged, amalgamated or consolidated with a Restricted Subsidiary of the Borrower in accordance with a transaction that is not prohibited by Section 7.04 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 2 contracts
Samples: Term Loan Credit Agreement (CommScope Holding Company, Inc.), Term Loan Credit Agreement (CommScope Holding Company, Inc.)
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation merged or amalgamated or consolidated into the Borrower or merged, amalgamated merged into or consolidated with a Restricted Subsidiary in accordance with Section 7.04 6.05 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence inexistence on the date of such acquisition, merger or consolidation;
Appears in 2 contracts
Samples: Credit Agreement (Foundation Coal Holdings, Inc.), Credit Agreement (Alpha NR Holding Inc)
Investments of. a Restricted Subsidiary acquired after the Original Closing Effective Date or of a corporation an entity merged or amalgamated or consolidated into the Borrower or merged, amalgamated or consolidated with a Restricted Subsidiary in accordance with Section 7.04 the definition of Unrestricted Subsidiary after the Original Closing Effective Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 2 contracts
Samples: Asset Based Revolving Credit Agreement (King Merger Sub II LLC), Asset Based Revolving Credit Agreement (Nextier Oilfield Solutions Inc.)
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation an entity merged or amalgamated or consolidated into the Borrower or merged, amalgamated or consolidated with a Restricted Subsidiary in accordance with a transaction that is not prohibited by Section 7.04 7.8 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 2 contracts
Samples: Credit Agreement (Clarivate PLC), Credit Agreement (Clarivate Analytics PLC)
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation Person merged or amalgamated or consolidated into the Borrower or merged, amalgamated or consolidated with or into Borrower or a Restricted Subsidiary Subsidiary, in each case in accordance with Section 7.04 after the Original Closing Date terms of this Agreement to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation or consolidation and were committed or in existence on the date of such acquisition, merger or consolidation;
Appears in 2 contracts
Samples: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Resorts LTD)
Investments of. a Restricted Subsidiary of the Borrower acquired after the Original Closing Date or of a corporation an entity merged or amalgamated or consolidated into the Borrower or mergedinto, amalgamated with, or consolidated with a Restricted Subsidiary of the Borrower in accordance with a transaction that is not prohibited by Section 7.04 6.3 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger merger, amalgamation or consolidation;
Appears in 1 contract
Samples: Credit Agreement (Egalet Corp)
Investments of. a Restricted Subsidiary acquired after the Original Closing Amendment and Restatement Effective Date or of a corporation merged or amalgamated or consolidated into the Borrower or merged, amalgamated or consolidated with a Restricted Subsidiary in accordance with Section 7.04 after the Original Closing Amendment and Restatement Effective Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation an entity merged or amalgamated or consolidated into the Borrower or merged, amalgamated merged into or consolidated with a Restricted Subsidiary in accordance with Section 7.04 8.04 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
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Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation an entity merged or amalgamated or consolidated into the Borrower or merged, amalgamated merged into or consolidated with a Restricted Subsidiary in accordance with Section 7.04 6.07 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation merged or amalgamated or consolidated into the a Borrower or merged, amalgamated or consolidated with a Restricted Subsidiary in accordance with Section 7.04 6.08 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger or consolidation;; and
Appears in 1 contract
Investments of. a Restricted Subsidiary of the Borrower acquired after the Original Closing Date or of a corporation an entity merged or amalgamated or consolidated into the Borrower or merged, amalgamated or consolidated with a Restricted Subsidiary of the Borrower in accordance with a transaction that is not prohibited by Section 7.04 7.03 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Investments of. a Restricted Subsidiary acquired after the Original Closing Restatement Date or of a corporation merged or amalgamated or consolidated into the Borrower or merged, amalgamated merged into or consolidated with a Restricted Subsidiary in accordance with Section 7.04 6.05 after the Original Closing Restatement Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Samples: Credit Agreement (Universal City Development Partners LTD)
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation merged or amalgamated or consolidated into the Borrower or merged, amalgamated merged into or consolidated with a Restricted Subsidiary in accordance with Section 7.04 7.05 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
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Investments of. a Restricted Subsidiary acquired after the Original Closing Effective Date or of a corporation an entity merged or into, amalgamated with, or consolidated into with the Borrower or merged, amalgamated or consolidated with a Restricted Subsidiary in accordance with Section 7.04 a transaction that is not prohibited by Article V after the Original Closing Effective Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation or consolidation and were in existence on the date of such acquisition, merger merger, amalgamation or consolidation;
Appears in 1 contract
Samples: Escrow and Security Agreement (MBOW Four Star, L.L.C.)
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation merged or amalgamated or consolidated into the Borrower or merged, amalgamated merged or consolidated with a Restricted Subsidiary in accordance with Section 7.04 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Samples: Credit Agreement (Uici)
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation merged or amalgamated or consolidated into the Borrower or Person merged, amalgamated or consolidated with or into Borrower or a Restricted Subsidiary Subsidiary, in each case in accordance with Section 7.04 after the Original Closing Date terms of this Agreement to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation or consolidation and were in existence (or were committed) on the date of such acquisition, merger merger, amalgamation or consolidation;
Appears in 1 contract
Samples: Credit Agreement (Boyd Gaming Corp)
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a corporation Person merged or amalgamated into or consolidated into with the Borrower or merged, amalgamated or consolidated with a Restricted any Subsidiary in accordance with Section 7.04 after the Original Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation merger or consolidation and were in existence on the date of such acquisition, merger or consolidation;
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