Common use of Activities of the Borrower Clause in Contracts

Activities of the Borrower. (a) The Borrower shall not enter into any business either directly or through any Subsidiary except for businesses in which the Borrower is engaged on the date of this Agreement. (b) The Borrower shall not amend, modify or waive or terminate any provision of, or permit or agree to the amendment, modification, waiver or termination of any provision of, any of the Loan Documents, License Agreements or the Acquisition Agreement without the prior written consent of the Lender (it being understood that the Lender shall be entitled to withhold its consent if such amendment, modification or waiver is or would be adverse in any respect to the Lender, as determined by the Lender in its sole discretion).

Appears in 3 contracts

Sources: Loan Agreement (Xoma LTD /De/), Loan Agreement (Xoma LTD /De/), Loan Agreement (Xoma LTD /De/)