Investments of. a Restricted Subsidiary acquired after the Closing Date or of a Person merged or consolidated with or into Borrower or a Restricted Subsidiary, in each case in accordance with the terms of this Agreement to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, or consolidation and were committed or in existence on the date of such acquisition, merger or consolidation;
Appears in 3 contracts
Samples: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Resorts LTD)
Investments of. a Restricted Subsidiary acquired after the Original Closing Date or of a Person corporation merged or amalgamated or consolidated into the Borrower or merged, amalgamated or consolidated with or into Borrower or a Restricted Subsidiary, in each case Subsidiary in accordance with Section 7.04 after the terms of this Agreement 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 committed or 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 Closing Restatement Effective Date or of a Person an entity merged into or consolidated with or into Borrower or a Restricted Subsidiary, in each case Subsidiary in accordance with the terms definition of this Agreement Unrestricted Subsidiary after the Restatement Effective Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, merger or consolidation and were committed or 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 of the Borrower acquired after the Closing Date or of a Person an entity merged into or consolidated with or into Borrower or a Restricted Subsidiary, Subsidiary of the Borrower in each case in accordance with a transaction that is not prohibited by Section 7.04 after the terms of this Agreement Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, merger or consolidation and were committed or 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 Closing Effective Date or of a Person an entity merged into or consolidated with or into Borrower or a Restricted Subsidiary, in each case Subsidiary in accordance with the terms definition of this Agreement Unrestricted Subsidiary after the Effective Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, merger or consolidation and were committed or 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 Closing Date or of a Person merged or consolidated with or into Borrower or a Restricted Subsidiary, in each case in accordance with the terms of this Agreement to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, merger 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 Las Vegas LLC), Credit Agreement (Wynn Resorts LTD)
Investments of. a Restricted Subsidiary acquired after the Closing Issue Date or of a Person an entity merged into the Company or merged into or consolidated with or into Borrower or a Restricted Subsidiary, in each case in accordance with Subsidiary after the terms of this Agreement Issue Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, merger or consolidation and were committed or in existence on the date of such acquisition, merger or consolidation;
Appears in 2 contracts
Samples: Indenture (Gray Television Inc), Indenture (KAR Auction Services, Inc.)
Investments of. a Restricted Subsidiary or the Company acquired after the Closing Issue Date or of a Person an entity merged into or consolidated with or into Borrower the Company or a Restricted Subsidiary, in each case in accordance with Subsidiary after the terms of this Agreement Issue Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, merger or consolidation and were committed or 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 acquired after the Closing Date or of a Person an entity merged into the Borrower or merged into or consolidated with or into Borrower or a Restricted Subsidiary, in each case Subsidiary in accordance with Section 8.04 after the terms of this Agreement Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, merger or consolidation and were committed or in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Investments of. a Restricted Subsidiary acquired after the Closing Date or of a Person an entity merged into the Borrower or merged into or consolidated with or into Borrower or a Restricted Subsidiary, in each case Subsidiary in accordance with Section 6.07 after the terms of this Agreement Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, merger or consolidation and were committed or in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Investments of. a Restricted Subsidiary of the Borrower acquired after the Closing Date or of a Person an entity merged into, amalgamated with, or consolidated with or into Borrower or a Restricted Subsidiary, Subsidiary of the Borrower in each case in accordance with a transaction that is not prohibited by Section 6.3 after the terms of this Agreement 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 committed or 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 Closing Date or of a Person corporation merged into the Borrower or merged or consolidated with or into Borrower or a Restricted Subsidiary, in each case Subsidiary in accordance with Section 7.04 after the terms of this Agreement Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, merger or consolidation and were committed or in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Samples: Credit Agreement (Uici)
Investments of. a Restricted Subsidiary of the Borrower acquired after the Closing Date or of a Person an entity merged into or consolidated with or into Borrower or a Restricted Subsidiary, Subsidiary of the Borrower in each case in accordance with a transaction that is not prohibited by Section 7.03 after the terms of this Agreement Closing Date to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, merger or consolidation and were committed or in existence on the date of such acquisition, merger or consolidation;
Appears in 1 contract
Investments of. a Restricted Subsidiary acquired after the Closing Date or of a Person merged merged, amalgamated or consolidated with or into Borrower or a Restricted Subsidiary, in each case in accordance with the 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 (or were committed) on the date of such acquisition, merger merger, amalgamation or consolidation;
Appears in 1 contract
Samples: Credit Agreement (Boyd Gaming Corp)