Prohibited Assignee means any Person that is a bona fide business competitor of the Consolidated Parties and is set forth in that certain letter agreement, dated as of the date hereof, between the Borrower and the Administrative Agent as updated from time to time with the Administrative Agent’s prior written consent in its reasonable discretion.
Prohibited Assignee means (i) any Competitor and (ii) any Affiliate of a Competitor, as determined by the Borrower and identified in a written notice by the Borrower to the Administrative Agent with the Administrative Agent’s written consent (not to be unreasonably withheld); provided as to clause (i) and (ii) above, that “Prohibited Assignee” shall not include commercial or corporate banks or bona fide debt funds, and any funds that are managed or controlled by such commercial or corporate banks or bona fide debt funds which funds principally invest in commercial loans or debt securities.
Prohibited Assignee means any (a) so-called “vulture fund”, “loan-to-own fund”, distressed debt fund or other fund that is similar to the foregoing, in each case, whose primary business is distressed investing; (b) entity set forth in Schedule 10, (c) business development company under the Investment Company Act (or entity which has filed with the Securities and Exchange Commission to become a business development company under the Investment Company Act as of such date), hedge fund, non-bank asset manager, credit opportunities fund or specialty finance company, in each case, that directly and routinely competes with Logan Ridge’s senior debt business and which derives substantially all of its revenue from lending to and making investments in middle market companies; or (d) any Affiliate of any entity described under clauses (b) or (c) above.
Examples of Prohibited Assignee in a sentence
In connection with any sale or transfer of Series 2020-VF1 Notes, the Purchaser shall certify in writing for the benefit of the Indenture Trustee and the Administrator that the prospective assignee is not a Prohibited Assignee (as such term is defined in the Note Purchase Agreement).
Award Ceiling:$112,444Per Budget PeriodAward Floor:$112,444Per Budget PeriodLength of Project Period:24-month project period with two 12-month budget periods Additional Information on Project Periods and Explanation of 'Other'1.
More Definitions of Prohibited Assignee
Prohibited Assignee means (i) any competitor of the Company primarily operating in the biopharmaceutical industry, at least 50.0% of the revenues of which are derived from the sale of biopharmaceutical products, and (ii) any of such competitor’s Affiliates (other than any Person that is a bona fide debt fund primarily engaged in the making, purchasing, holding or other investing in commercial loans, notes, bonds or similar extensions of credit or securities in the ordinary course of business) that is either (x) identified by name in writing by the Company to the Investors from time to time or (y) clearly identifiable on the basis of such Affiliate’s name.
Prohibited Assignee means (i) any Competitor and (ii) any Affiliate of a Competitor, as determined by the Borrowers and identified in a written notice by the Borrower Representative to the Administrative Agent with the Administrative Agent’s written consent (not to be unreasonably withheld); provided as to clause (i) and (ii) above, that “Prohibited Assignee” shall not include commercial or corporate banks or bona fide debt funds, and any funds that are managed or controlled by such commercial or corporate banks or bona fide debt funds which funds principally invest in commercial loans or debt securities. 41
Prohibited Assignee means (i) any Official in Ghana or of the Government or GNPC whilst it is owned or Controlled by the Government; or (ii) any Family Member of such an Official referred to in (i) above; or (iii) any entity in which one or more individuals specified in (i) or (ii) owns an interest, except as a consequence of ownership by such individual of publicly-traded securities.
Prohibited Assignee means any person or entity that: (i) has a Net Worth net worth of less than 50% of the Hotel Value; (ii) is a competitor engaged, directly or indirectly through an Affiliate, in the business of owning, operating, licensing (as licensor), franchising, or managing a hotel brand or lodging system of hotels; (iii) is a counterparty to any agreement with Operator or its Affiliates that is or was subject to any material default by such other party; (iv) is a Prohibited Person or a person or persons (or an Affiliate of a person or persons) who have been convicted of felonies involving moral turpitude in any court having proper jurisdiction; or (v) has been convicted (or has had one or more members of its senior leadership team convicted) by a court of competent jurisdiction of a felony involving, theft, fraud, extortion, embezzlement or other material criminal act involving dishonesty. For purposes of this definition, “Hotel Value” shall be defined as the EBITDA generated by the Hotel during the previous 12 months multiplied by 10, as reasonably determined by Operator in its sole discretion, and “Net Worth” shall mean the aggregate net worth of the proposed assignee (including equity in the Hotel) as well as the net worth of any other person guaranteeing the obligations of the proposed assignee under this Agreement, and calculated as of the date immediately following the applicable assignment or transfer.
Prohibited Assignee means any third party who (x) [***] Any purported assignment of this VPA or the rights or obligations of a party under this VPA in violation of this Section 12.4 shall be null, void and of no further force or effect and shall constitute a Material Default.
Prohibited Assignee. As set forth in Section 12.6.
Prohibited Assignee has the meaning set forth in Section 12.5.