New Entities. Borrower owns no equity interests in any partnership, limited liability company, corporations or other entity. Until Lender’s obligations hereunder have terminated and the Debt is paid in full, Borrower agrees that it shall not create, organize or acquire any interest in any limited partnership, limited liability company, corporation or other entity (collectively, a “New Entity”) without complying with each of the following requirements:
New Entities. GFB-AS will form one or more wholly owned subsidiaries to be admitted as the new general partners of the Investing Partnerships and the new managing partners of the Owning Partnerships. GFB-AS will cause its affiliates, Summerville Healthcare, Inc. and Brookdale Living Communities, Inc., to form one or more subsidiaries wholly owned by either or both of them to manage the Facilities.
New Entities. Borrowers shall not make any material sales or
New Entities. With respect to LS&Co.’s acquisition of other entities, or LS&Co.’s inclusion of additional Affiliates or Service Recipients (each a “New Entity” and, collectively, “New Entities”), Supplier shall provide, at LS&Co.’s request and at no additional cost (except with respect to any one-time transition charges agreed to in advance by the Parties): (i) support services as necessary to assist LS&Co. with its assessment of the New Entity and the impact of a New Entity’s technology, operations and capabilities on the technology, operations CONFIDENTIAL TREATMENT REQUESTED – REDACTED COPY EXECUTION VERSION and capabilities of LS&Co.; except that to the extent that such support services would require that Supplier incur material additional costs or increase, in a material manner, the Supplier Staff beyond, in each case, that which is ordinarily used or incurred by Supplier to provide the Services, then Supplier may, in accordance with the Contract Change Process, request that LS&Co. pay the incremental costs related to such material increase; and (ii) the Services, whether all or a portion specified by LS&Co., to the New Entities in accordance with, and under the then-current terms, conditions and pricing of, this Agreement, including performing those Services specified in the Statements of Work. Supplier shall, at the request of LS&Co. (and at the one-time charges agreed to in advance by the Parties) perform assessments of a New Entity’s technology, operations and capabilities, and complete any plans and designs necessary to accomplish the transition of the New Entities technology, operations and capabilities to the Services and provide support services as necessary to integrate and incorporate a New Entity’s technology, operations and capabilities into the technology, operations and capabilities of LS&Co.
New Entities. If ADVO acquires any additional Affiliate during the Term and ADVO desires that ISSC provide Services for such Affiliate, subject to additional charges if acceptance of such responsibilities would require New Services as described in Section 6.5 and/or resources in excess of existing Baselines, then ISSC will provide such Affiliate with Services in accordance with this Agreement.
New Entities. Parent and the New Entities shall not permit prior to the Distribution any New Entity to conduct any activities other than the negotiation and execution of this Agreement and the Other Transaction Documents and the consummation of the Transactions; and
New Entities. The Operating Company shall not create any subsidiaries or enter into any partnership or joint venture arrangement with any other Person.
New Entities. 15 (i) 3
New Entities. If OTI acquires any additional Affiliate during the Term and OTI desires that IBM provide Services for such Affiliate, IBM will provide such Affiliate with Services in accordance with this Agreement, subject to OTI's agreement to pay additional charges if IBM's acceptance of such responsibilities requires New Services as described in Section 6.3.
New Entities. With respect to Michaels’ acquisition of other entities, or Michaels’ inclusion of additional Affiliates or Authorized Users (collectively, “New Entities”), Supplier shall, as requested by Michaels, provide support services as necessary to incorporate the New Entities’ information technology systems into the Systems, including those services specified in the Statements of Work and any required planning and design services, and shall upon Michaels’ request, provide the Services, whether all or a portion specified by Michaels, to the New Entities in accordance with this Agreement. Michaels retains the financial responsibility for the Services so provided and to cause each New Entities to comply with all obligations of Michaels as they apply to such Services. Suppliers’ charges as a result of the provision of the Services to a New Entity shall be in accordance with this Agreement. Supplier may also charge additional one-time Fees for the completion of any services, functions, and responsibilities necessary for the incorporation of the New Entities’ information technology systems into the Systems where such Fees have been agreed upon by Michaels and Supplier prior to Supplier commencing the provision of any such services, functions or responsibilities. To the extent any acquisition by Michaels results in additional Services or any New Services for the Supplier under this Agreement, any due diligence activity performed by Supplier on behalf of Michaels shall be at no cost to Michaels. For clarity, if Michaels requires or requests any other services, activity or responsibility in addition to due diligence, Supplier shall be entitled to xxxx Xxxxxxxx for such additional effort unless Michaels permits Supplier to utilize the existing resources and personnel already charged to Michaels.
