Business and Property Sample Clauses
Business and Property. Each Purchaser has heretofore been furnished with a copy of the Company Information which generally sets forth the principal properties of the Company and the business conducted and proposed to be conducted by the Company.
Business and Property. No Restricted Party shall:
(i) carry on any business other than the exploration, the development, construction and operation of mining properties and any operation relating to mining, and the distribution, processing, hedging (to the extent not prohibited by Section 8.5(c)), trading, exchange and sale of any products produced from or in connection with such mining properties;
(ii) permit any Disposition of the whole or any part of its Property except, subject to Section 8.5(d)(iii), for:
(A) Dispositions of inventory and obsolete or redundant equipment in the Ordinary Course;
(B) Dispositions of any or all of the Equity Interests or other assets of HMI Nickel Inc. and/or its direct or indirect, wholly-owned Subsidiaries;
(C) Dispositions of any or all of the Equity Interests of Zochem Inc.;
(D) any Disposition of Property which has been consented to by the Required Lenders;
(E) any Disposition of Property by a Non-Recourse Subsidiary to any other HudBay Group Member;
(F) any Disposition of Property by an Obligor to any other Obligor;
(G) any Disposition permitted pursuant to Section 8.5(e)(i); and
(H) any other Dispositions of Property, if the aggregate fair market value of the assets being Disposed of does not exceed at the time of any such Disposition: (i) in any fiscal year of HudBay, 10% of the consolidated tangible assets of HudBay (excluding the carrying value of the Fenix Project) as set forth in the annual audited consolidated financial statements of HudBay as of the end of the most recently completed fiscal year; or (ii) since the date hereof, 20% of the consolidated tangible assets of HudBay (excluding the carrying value of the Fenix Project) as set forth in the annual audited consolidated financial statements of HudBay for the most recently completed fiscal year; and
(iii) notwithstanding Section 8.5(d)(ii), permit any Disposition, directly or indirectly, of all or substantially all of any of the Key Operating Assets or, subject to Article 12, any Equity Interest in any Person who, directly or indirectly, owns all or part of the Key Operating Assets.
Business and Property. The Prospectus accurately describes, in all material respects, the general nature of the business of the Seller.
Business and Property. The Prospectus accurately describes in all material respects the general nature of the business of the Originator.
Business and Property. The Prospectus Supplement (the "PROSPECTUS SUPPLEMENT") dated May 3, 2002, to the Prospectus, dated February 7, 2002, correctly describes in all material respects the Initial Contracts and the general nature of the business of the Contributor.
Business and Property. No Restricted Party shall:
(a) effect any material change in its business, being the exploration, the development, construction and operation of mining properties and any operation relating to mining, including mining activities pursuant to Contracts with third party mine operators, and the distribution, hedging (to the extent not prohibited by Section 7.5(3)), trading, exchange and sale of any products produced from or in connection with such mining properties;
(b) acquire any material Property of any Person, except for:
(i) Property acquired through capital expenditures that do not contravene any other provision of this Agreement;
(ii) Property acquired through transactions permitted in Section 7.5(4)(c);
(iii) Property acquired through transactions contemplated in the definition of Permitted Liens; and
(iv) acquisitions of inventory in the Ordinary Course for the purpose of carrying on its business;
(c) enter into any transaction, or any series of related transactions, by which it directly or indirectly, by means of a takeover bid, tender offer, purchase of Property, purchase of Equity Interests or other securities or otherwise (A) acquires any ongoing business or all or substantially all of the Property of any Person, (B) acquires Equity Interests or other securities of a Person, or (C) acquires an ownership interest in any partnership, joint venture, limited liability company, business trust or other Person, except if:
(i) the business or Person referred to in (A), (B) or (C) above is in the mining industry;
(ii) no Default has occurred and is continuing or would result from the acquisition; and
(iii) the Borrower provides the Agent with evidence satisfactory to the Agent to demonstrate that the transaction or transactions will not cause a Default, including demonstrating on a pro forma basis that the Borrower is and will continue to be in compliance with Section 7.1 after completion of the acquisition, taking into account Debt arising from the acquisition;
(d) have any Subsidiaries or hold or acquire Equity Interests or other securities of, or make investments in, any other Person except:
(i) other Restricted Parties as specified on SCHEDULE B as of the date of this Agreement;
(ii) Subsidiaries, Equity Interests and other securities acquired through transactions permitted in Section 7.5(4)(c);
(iii) securities held for investment purposes under the terms of Pension Plans, provided that the securities are held in strict compliance with all Applicable ...
Business and Property. The Prospectus and the Private Placement Memoranda, accurately describe in all material respects the general nature of the business of the Transferor.
Business and Property. The Lenders have each heretofore been furnished with a copy of the Annual Report of the Parent on Form 10-K for the fiscal year ended December 31, 1994 (the "Form 10-K"), the Quarterly Report of the Parent on Form 10-Q for the fiscal quarter ended June 30, 1995 (the "Form 10-Q") and the Information Memorandum dated July 1995 (the "Information Memorandum") of the Company, which Information Memorandum generally sets forth the business conducted by the Company and its Subsidiaries and the principal properties of the Company and its Subsidiaries. The Form 10-K, the Form 10-Q, and the Information Memorandum are hereinafter referred to as the "Disclosure Documents."
Business and Property. Borrower (i) holds all FCC Licenses necessary to the operation of the System and all other Licenses necessary to the operation of the System, except where the failure to hold such other Licenses could not reasonably be expected to have a Material Adverse Effect and (ii) has not engaged in and does not propose to engage in any business activity other than the operation of the System and the Paging Business relating thereto.
Business and Property. Neither the Seller nor any of its Subsidiaries engages in or currently proposes to engage in any business or activity unrelated to the Business, other than the direct or indirect ownership of the capital stock of or other interests in the Seller's Subsidiaries, Unity Cellular Systems, Inc. and Northern Maine Cellular Partnership.