Common use of Limitation of Restrictions Affecting Subsidiaries Clause in Contracts

Limitation of Restrictions Affecting Subsidiaries. Borrower and each Guarantor shall not, directly, or indirectly, create or otherwise cause or suffer to exist any encumbrance or restriction which prohibits or limits the ability of its Subsidiaries of Borrower or such Guarantor to (a) pay dividends or make other distributions or pay any Indebtedness owed to Borrower or such Guarantor or its Subsidiaries of Borrower or such Guarantor; (b) make loans or advances to Borrower or such Guarantor or its Subsidiaries of Borrower or such Guarantor, (c) transfer any of its properties or assets to Borrower or such Guarantor or its Subsidiaries of Borrower or such Guarantor; or (d) create, incur, assume or suffer to exist any lien upon any of its property, assets or revenues, whether now owned or hereafter acquired, other than encumbrances and restrictions arising under (i) applicable law, (ii) this Agreement, (iii) customary provisions restricting subletting or assignment of any lease governing a leasehold interest of Borrower or such Guarantor or its Subsidiaries of Borrower or such Guarantor, (iv) 85

Appears in 1 contract

Sources: Loan and Security Agreement (Gsi Group Inc)

Limitation of Restrictions Affecting Subsidiaries. Each Borrower and each Guarantor shall not, directly, or indirectly, create or otherwise cause or suffer to exist any encumbrance or restriction which prohibits or limits the ability of its Subsidiaries any Subsidiary of such Borrower or such Guarantor to (a) pay dividends or make other distributions or pay any Indebtedness owed to such Borrower or such Guarantor or its Subsidiaries any Subsidiary of such Borrower or such GuarantorGuarantor (other than dividends or distributions paid or made by Parent); (b) make loans or advances to such Borrower or such Guarantor or its Subsidiaries any Subsidiary of such Borrower or such Guarantor, (c) transfer any of its properties or assets to such Borrower or such Guarantor or its Subsidiaries any Subsidiary of such Borrower or such Guarantor; or (d) in the case of any Borrower or Guarantor, create, incur, assume or suffer to exist any lien Lien in favor of any of Secured Parties upon any of its property, assets or revenuesrevenues constituting Working Capital Priority Collateral (as defined in the Intercreditor Agreement) or affecting the rights or remedies of Agent with respect thereto, whether now owned or hereafter acquiredacquired (provided, that, to the extent otherwise expressly permitted hereunder, dividend or liquidation priority between classes of Equity Interests, or subordination of any obligation (including the application of any remedy bars thereto) to any other than obligation, will not be deemed to constitute such a Lien, encumbrance or restriction); except, for, encumbrances and restrictions arising under (i) applicable lawunder, (ii) this Agreement, (iii) customary provisions restricting subletting pursuant to or assignment of any lease governing a leasehold interest of Borrower or such Guarantor or its Subsidiaries of Borrower or such Guarantor, (iv) 85by reason of:

Appears in 1 contract

Sources: Loan and Security Agreement (Nci Building Systems Inc)