Common use of Limited Condition Acquisition Clause in Contracts

Limited Condition Acquisition. Notwithstanding anything in this Section 2.14 to the contrary to the extent the proceeds of any increase requested pursuant to this Section 2.14 will be used to finance a Limited Condition Acquisition, upon the Borrower’s request, the lenders providing such increase may agree to “funds certain provision” that (i) provides for the testing of the Consolidated First Lien Leverage Ratio set forth in Section 2.14(a) as of the date on which the acquisition agreement for such Limited Condition Acquisition (a “Limited Condition Acquisition Agreement”) is executed (ii) does not impose as a condition to funding thereof that no Default or Event of Default (other than a Default under Section 8.01(a) or 8.01(f) or 8.01(g)) exist at the time of the applicable Increase Effective Date, in which case the condition set forth in Section 2.14(e)(i)(B)(2) and Section 2.14(e)(vii) shall be required to be satisfied on the date the Limited Condition Acquisition Agreement is executed and (iii) does not impose as a condition to funding thereof that all of the representations and warranties contained in Article V and the other Loan Documents shall be true and correct on and as of the Increase Effective Date, in which case the condition set forth in Section 2.14(e)(i)(B)(1) shall be required to be satisfied on the date the Limited Condition Acquisition Agreement is executed.

Limited Condition Acquisition. Notwithstanding anything in this Section 2.14 to the contrary to the extent the proceeds of any increase requested pursuant to this Section 2.14 will be used to finance a Limited Condition Acquisition, upon the Borrower’s request, the lenders providing such increase may agree to “funds certain provision” that (i) provides for the testing of the Consolidated First Lien Leverage Ratio set forth in Section 2.14(a) as of the date on which the acquisition agreement for such Limited Condition Acquisition (a “Limited Condition Acquisition Agreement”) is executed and effective and (ii) does not impose as a condition to funding thereof that no Default or Event of Default (other than a Default under Section 8.01(a) or 8.01(f) or 8.01(g)) exist at the time of the applicable Increase Effective Datesuch Limited Condition Acquisition is consummated, in which case the condition set forth in Section 2.14(e)(i)(B)(2) and Section 2.14(e)(vii) shall be required to be satisfied on the date the Limited Condition Acquisition Agreement is executed and (iii) does not impose as a condition to funding thereof that all of the representations and warranties contained in Article V and the other Loan Documents shall be true and correct on and as of the Increase Effective Date, in which case the condition set forth in Section 2.14(e)(i)(B)(1) shall be required to be satisfied on the date the Limited Condition Acquisition Agreement is executed. n. Section 6.02 of the Credit Agreement is hereby amended by deleting the words “and Section 7.15(b) of the Amended and Restated Second Lien Credit Agreement” in clause (g) thereof.