New Transactions Sample Clauses
The "New Transactions" clause defines the terms and conditions under which additional transactions may be initiated between the parties during the term of the agreement. Typically, this clause outlines the process for proposing, approving, and documenting new transactions, such as requiring written consent or adherence to specific procedures. Its core practical function is to provide a clear framework for expanding the business relationship while ensuring that both parties agree to the terms of any new engagements, thereby reducing the risk of misunderstandings or unauthorized commitments.
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New Transactions. Seller shall not do or agree to enter into any contract, commitment or transaction which would materially adversely effect the ability of Seller to perform any obligation set forth in this Agreement of any Collateral Agreement.
New Transactions. Seller shall not do, or agree to do without the prior written consent of the Buyer, any of the following acts:
(a) enter into any contract, commitment or transaction not in the usual and ordinary course of its business; or
(b) enter into any contract, commitment or transaction in the usual and ordinary course of business involving an amount exceeding $100,000.00, individually, or $100,000.00 in the aggregate; or
(c) make any capital expenditures in excess of $50,000.00 for any single item or $100,000.00 in the aggregate, or enter into any leases of capital equipment or property under which the annual lease charge is in excess of $50,000.00; or
(d) sell or dispose of any capital assets with a net book value in excess of $ 50,000.00 individually, or $100,000.00 in the aggregate.
New Transactions. If at any time the Market Value (assuming for purposes of this subsection that Market Value does not exceed the unpaid principal balance of the related Purchased Loan) of the aggregate of all Purchased Loans subject to a Transaction hereunder as of any date of determination multiplied by the Applicable Percentage is greater than the aggregate Purchase Price of all Purchased Loans subject to a Transaction hereunder as of such date (a “Margin Excess”), then Seller may, by delivery of written notice to Buyer by 11:00 a.m. (Eastern Time) on any Business Day (an “Excess Margin Notice”), request that Buyer, as Seller elects, either to (i) remit additional Purchase Price in an amount equal to the lesser of (x) such Margin Excess and (y) the amount requested by LEGAL02/41072931v2 Seller (but subject to Buyer’s consent in its sole discretion) or (ii) reallocate the Purchase Price to Purchased Loans with Margin Excess in order to release Purchased Loans which, following such reallocation, will have a Purchase Price of zero. In no event shall Buyer be obligated to remit Margin Excess or release Purchased Loans pursuant to clause (i) or (ii) above to the extent (A) it would cause the outstanding Purchase Price to exceed the Maximum Aggregate Purchase Price or otherwise be inconsistent with the requirements or conditions of this Agreement; (B) a Default has occurred and is continuing or would exist after such action by Buyer or (C) such action would cause a Margin Deficit. Any Margin Excess remitted as cash shall be deemed an increase in Purchase Price.
New Transactions. Except as provided in the final paragraph of the definition of “New Transactions” or in subparagraph (h) infra, the Company covenants and agrees that, during the New Transaction Period it will not, without the prior written consent of the Lead Investor in each instance, enter into any New Transaction.
New Transactions. Seller shall not, without Buyer’s prior written consent, which shall not be unreasonably withheld, enter into any new agreements or sell or dispose of any of the Assets prior to the Closing Date.
New Transactions. Company will not, without Buyer's written consent, enter into any contract, commitment, or transaction not in the usual and ordinary course of its business.
New Transactions. Action will not, without Americana's written consent, do or agree to do any of the following acts:
4.5.1. Enter into any contract, commitment, or transaction not in the usual and ordinary course of business, or
4.5.2. Enter into any contract, commitment, or transaction in the usual and ordinary course of business involving an amount exceeding Five Thousand Dollars ($5,000.00), individually, or in the aggregate.
New Transactions. Seller shall not do or agree to do any of the following acts:
(a) Sell or dispose of any of the Assets.
New Transactions. Seller will not, without Buyer's written consent, which shall not be unreasonably withheld, do or agree to do any of the following acts:
4.6.1 Enter into any contract, commitment, or transaction not in the usual and ordinary course of business, or
4.6.2 Enter into any contract, commitment, or transaction in the usual and ordinary course of business involving an amount exceeding Five Thousand Dollars ($5,000.00), individually, or Twenty-Five Thousand Dollars ($25,000.00) in the aggregate.
New Transactions. 1. Except as noted below, approval authority for all new single obligor loan transactions resides solely with the Investment Committee.
2. Except as noted below, approval of new transactions requires the majority vote of the members of the Investment Committee, including an affirmative vote from the Chairman or his designee.
3. In addition to approval by the Investment Committee, Underwriting Commitments are subject to additional approval rules described in Policy 2.2 (Approval of Syndicated Credits).