Certain Funds Covenant means, solely in relation to the Borrower, the covenants set forth in Sections 6.05, 7.01, 7.02, 7.03, 7.06, 7.07 and 7.08.
Certain Funds Covenant means the covenants contained in Section 6.14.
Certain Funds Covenant means, in each case, solely in relation to the Borrower (and excluding the Target and its Subsidiaries and excluding any covenant or procurement obligation with respect to the Target and its Subsidiaries), the covenants set forth in Sections 6.05(a), 6.12(a), 6.12(b), 6.12(c), 6.12(e) (with respect to delivery of any material Offer Documents or material Scheme Documents only, as applicable), Sections 7.01 (solely to the extent of Liens voluntarily created by the Borrower), 7.03, 7.04, 7.05, 7.06(b) (other than with respect to 7.06(b)(i), to the extent that such breaches, taken as a whole, would not reasonably be expected to materially and adversely affect the Borrower’s ability to consummate the Target Acquisition), 7.09(b), 7.11 (other than in respect of the Target Acquisition) and 7.16 (other than clause (c) thereof).
Examples of Certain Funds Covenant in a sentence
There shall not have occurred and be continuing a breach of any Certain Funds Covenant.
The Borrower fails to perform or observe any term, covenant or agreement contained in Section 6.20(a), (c), (e), (g), (h), (j) and (k)(i) to (v) (inclusive) (each, a “Certain Funds Covenant Event of Default”); provided that, notwithstanding anything herein to the contrary, a Certain Funds Covenant Event of Default shall not constitute an Event of Default with respect to any Facility other than the Original Tranche A Term Facility.
More Definitions of Certain Funds Covenant
Certain Funds Covenant means, with respect to the Borrower and Bidco (and not, for the avoidance of doubt, in respect of any obligation to procure that any other Subsidiary of the Borrower, the Target or any other member of the Target Group take, or refrain from taking, any action), any covenant under any of Sections 6.01(2), 6.01(17) (excluding clauses (a)(iv), (a)(v), (a)(vii), (a)(ix) and (a)(xi)), 6.01(18), 6.02(1), 6.02(2), 6.02(3), 6.02(5), 6.02(8), 6.02(9) or 6.02(10).
Certain Funds Covenant means, with respect to the Company and the RPS Buyer only (and not, for the avoidance of doubt, in respect of any obligation to procure that any Subsidiary of the Company (other than the RPS Buyer), the RPS Target or any Subsidiary of the RPS Target take, or refrain from taking, any action), any covenant under any of Sections 6.05(a) (but with respect to good standing, only to the extent a breach would have a material adverse effect on the Company’s ability to perform and comply with its monetary obligations under this Agreement, any Note and each other Loan Document), 6.11(b), 6.15 (excluding clauses (a)(i), (a)(iv), (a)(v), (a)(vii), (a)(ix) and (a)(xi)), 7.01 (solely with respect to intentional breaches thereof by the Company and/or the RPS Buyer), 7.04 or 7.10.
Certain Funds Covenant means (with respect to the Borrower and BidCo only and not, for the avoidance of doubt, in respect of any obligation on any other Subsidiary of the Borrower, the Target or any Subsidiary of the Target to take, or refrain from taking, any action) any covenant under any of Sections 5.2(a), 5.5, 5.6, 5.7, and 5.11 (excluding clauses (a)(iv), (a)(v), (a)(vii) and (a)(ix)).
Certain Funds Covenant means, in each case, solely in relation to each Loan Party (and excluding the Target and its Subsidiaries and excluding any covenant or procurement obligation with respect to the Target and its Subsidiaries), the covenants set forth in Sections 6.05(a), 6.12(a), 6.12(b), 6.12(c), 6.12(e) (with respect to delivery of any material Offer Documents or material Scheme Documents only, as applicable), Sections 7.01 (solely to the extent of Liens voluntarily created by any Loan Party), 7.03, 7.04, 7.05, 7.06(b) (other than with respect to 7.06(b)(i), to the extent that such breaches, taken as a whole, would not reasonably be expected to materially and adversely affect the Parent’s ability to consummate the Target Acquisition), 7.09(b), 7.11 (other than in respect of the Target Acquisition) and 7.16 (other than clause (c) thereof).
Certain Funds Covenant means, with respect to the Borrower and the Buyer only (and not, for the avoidance of doubt, in respect of any obligation to procure that any Subsidiary of the Borrower (other than the Buyer), the Target or any Subsidiary of the Target take, or refrain from taking, any action), any covenant under any of Sections 6.05(a) (but with respect to good standing, only to the extent a breach would have a material adverse effect on a Borrower’s ability to perform and comply with its monetary obligations under this Agreement, any Note and each other Loan Document), 6.11, 6.15 (excluding clauses (a)(i), (a)(iv), (a)(v), (a)(vii), (a)(ix) and (a)(xi)), 7.01 (solely with respect to intentional breaches thereof by the Borrower and/or the Buyer), 7.04 or 7.10.
Certain Funds Covenant means, with respect to Holdings, the Company, the US Borrower and Apex Buyer only (and not, for the avoidance of doubt, in respect of any obligation to procure that any Subsidiary of Holdings, the Company or the US Borrower (other than the Company, the US Borrower and Apex Buyer), the Target or any Subsidiary of the Target take, or refrain from taking, any action), any covenant under any of (a) Section 5.04 (solely in respect of the legal existence of each of Holdings, the Company, the US Borrower and Apex Buyer) of the Amended Credit Agreement, (b) Sections 6.01, 6.02, 6.03(a), 6.04 (provided that, for the avoidance of doubt but without prejudice to the requirements set out in Sections 4(b) of this Agreement (excluding clauses 4(b)(i)(A), 4(b)(i)(D), 4(b)(i)(E), 4(b)(i)(G), 4(b)(i)(I) and, other than for the purposes of any 2021 Subsequent Incremental Closing Date that falls after the expiry of the grace periods referred to therein, 4(b)(i)(K)), neither the Acquisition nor any step, circumstance or transaction contemplated or permitted by or relating to the Acquisition or the Acquisition Documents or otherwise contemplated by the Structure Paper (including the payment of the proceeds of 2021 Incremental Term Loans or other amounts by the Company, Holdings or the US Borrower to Apex Bidco for application towards any Certain Funds Purpose) shall constitute a breach of this Section (or any other Section of the Amended Credit Agreement referred to in this definition, including for the avoidance of doubt, Sections 6.07 and 6.08 thereof)), 6.05 (solely as such covenant relates to sales of Target Shares), 6.06, 6.07 or 6.08 of the Amended Credit Agreement, in each case solely with respect to breaches thereof by Holdings, the Company, the US Borrower or Apex Buyer and (c) Section 4(b) of this Amendment (excluding clauses 4(b)(i)(A), 4(b)(i)(D), 4(b)(i)(E), 4(b)(i)(G), 4(b)(i)(I) and, other than for the purposes of any 2021 Subsequent Incremental Closing Date that falls after the expiry of the grace periods referred to therein 4(b)(i)(K)).
Certain Funds Covenant means, solely in relation to Borrower and UK Holdco only (and, for the avoidance of doubt, excluding any other Loan Party, the Target and its Subsidiaries), the covenants set forth in Sections 6.01, 6.02, 6.05, 6.06, 6.08, 6.14, 6.15, 6.17 and 5.15 (other than clauses (f), (h), (k)(ii) and (l) thereof).