Common use of Restrictive Agreements, etc Clause in Contracts

Restrictive Agreements, etc. None of the Borrower or any of the Subsidiaries will enter into any agreement prohibiting (a) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, (b) the ability of the Borrower or any Subsidiary to amend or otherwise modify any Loan Document, or (c) the ability of the Borrower or any Subsidiary to make any payments, directly or indirectly, to the Borrower, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (i) in any Loan Document, or (ii) in the case of clause (a), in any agreement governing any Indebtedness permitted by Section 8.2(e) as to the assets financed with the proceeds of such Indebtedness.

Restrictive Agreements, etc. None of the Borrower or any of the Subsidiaries will enter into any agreement prohibiting (ai) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, (bii) the ability of the Borrower or any Subsidiary of the Subsidiaries to amend or otherwise modify any Loan Document, or (ciii) the ability of the Borrower or any Subsidiary to make any payments, directly or indirectly, to the Borrower, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (ix) in any Loan Document, or (iiy) in the case of clause (ai), (a) in any agreement governing any Indebtedness permitted by clause (e) of Section 8.2(e) 8.2 as to the assets financed with the proceeds of such IndebtednessIndebtedness and (b) customary provisions in contracts (including without limitation leases and inbound licenses or Intellectual Property) restricting the assignment thereof.

Restrictive Agreements, etc. None of the Borrower or any of the Subsidiaries will enter into any agreement prohibiting (ai) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, (bii) the ability of the Borrower or any Subsidiary of the Guarantors to amend or otherwise modify any Loan Investment Document, or (ciii) the ability of the Borrower or any Subsidiary to make any payments, directly or indirectly, to the Borrower, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (ix) in any Loan Investment Document, or (iiy) in the case of clause (ai), in any agreement governing any Indebtedness permitted by clause (e) of Section 8.2(e) 8.2 as to the assets financed with the proceeds of such Indebtedness.

Restrictive Agreements, etc. None of the Borrower or any of the Subsidiaries will enter into any agreement prohibiting (ai) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, (bii) the ability of the Borrower or any Subsidiary of the Guarantors to amend or otherwise modify any Loan Investment Document, or (ciii) the ability of the Borrower or any Subsidiary to make any payments, directly or indirectly, to the Borrower, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (ix) in any Loan DocumentInvestment Document (including any applicable intercreditor or subordination agreement), or (iiy) in the case of clause (ai), in any agreement governing any Indebtedness permitted by Section 8.2(e8.2(d) as to the assets financed with the proceeds of such Indebtedness.

Restrictive Agreements, etc. None of the The Borrower or will not, and will not permit any of the Subsidiaries will its Consolidated Entities to, enter into any agreement prohibiting prohibiting (a) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, other than with respect to Restricted Entities; (b) the ability of the Borrower or any Subsidiary Obligor to amend or otherwise modify any Loan Document, or ; or (c) the ability of the Borrower or any Subsidiary Consolidated Entity to make any payments, directly or indirectly, to the Borrower, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (i) in any Loan Document, Document or (ii) in the case of clause (a), in any agreement governing any Indebtedness permitted by clause (i) of Section 8.2(e) 7.2.2 as to the assets financed with the proceeds of such Indebtedness.

Restrictive Agreements, etc. None of Holdings, the Borrower or any of the Subsidiaries will enter into any agreement prohibiting (ai) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, (bii) the ability of Holdings, the Borrower or any Subsidiary of the Subsidiaries to amend or otherwise modify any Loan Document, or (ciii) the ability of the Borrower or any Subsidiary to make any payments, directly or indirectly, to the BorrowerBorrower or Holdings, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (ix) in any Loan Document, or (iiy) in the case of clause (ai), in any agreement governing any Indebtedness permitted by clause (e) of Section 8.2(e) 8.2 as to the assets financed with the proceeds of such IndebtednessIndebtedness or (z) in the case of clause (i), customary provisions restricting assignment of any agreement entered into in the ordinary course of business.

Restrictive Agreements, etc. None of the Neither Borrower or will, nor will it permit any of the Subsidiaries will its Consolidated Entities to, enter into any agreement prohibiting prohibiting (a) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, other than with respect to Limited Entities; (b) the ability of the Borrower or any Subsidiary Obligor to amend or otherwise modify any Loan Document, or ; or (c) the ability of the Borrower or any Subsidiary Consolidated Entity to make any payments, directly or indirectly, to the Borrowereither ▇▇▇▇▇▇▇▇, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained in (i) in any Loan Document, (ii) the Holdings Notes Indenture or (iiiii) in the case of clause (a), in any agreement governing any Indebtedness permitted by clause (i) of Section 8.2(e) 8.2.2 as to the assets financed with the proceeds of such Indebtedness.

Restrictive Agreements, etc. None Each of the Holdings, Intermediate Holdings and each Borrower or will not, and will not permit any of the Restricted Subsidiaries will to, enter into any agreement prohibiting prohibiting (a) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, ; (b) the ability of the Borrower or any Subsidiary Obligor to amend or otherwise modify any Loan Document, or ; or (c) the ability of the Borrower or any Restricted Subsidiary to make any payments, directly or indirectly, to the BorrowerCompany, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (i) in any Loan Document, Document or any of the Subordinated Debt Documents or (ii) in the case of clause (a), in any agreement governing any Indebtedness permitted by clause (d) of Section 8.2(e) 7.2.2 as to the assets financed with the proceeds of such Indebtedness.

Restrictive Agreements, etc. None of the Borrower Holdings or any of the its Subsidiaries will enter into any agreement prohibiting (ai) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, (bii) the ability of the Borrower Holdings or any Subsidiary of its Subsidiaries to amend or otherwise modify any Loan Document, Document or (ciii) the ability of the Borrower or any Subsidiary to make any payments, directly or indirectly, to the BorrowerBorrower or Holdings, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (ix) in any Loan Document, Document or (iiy) in the case of clause (ai), in any agreement governing any Indebtedness permitted by clause (d) of Section 8.2(e) 8.2 as to the assets financed with the proceeds of such Indebtedness.

Restrictive Agreements, etc. None of the Borrower or Loan Parties nor any of the their respective Subsidiaries will enter into any agreement prohibiting (ai) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, (bii) the ability of the Borrower or any Subsidiary Loan Party to amend or otherwise modify any Loan Document, or (ciii) the ability of the Borrower or any Subsidiary other Loan Party or its respective Subsidiaries to make any payments, directly or indirectly, to the BorrowerBorrower or any Guarantor, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (ix) in any Loan Document, or (iiy) in the case of clause (ai), in any agreement governing any Indebtedness permitted by Section 8.2(e) as to the assets financed with the proceeds of such Indebtedness.

Restrictive Agreements, etc. None of the Borrower Holdings or any of the its Subsidiaries will enter into any agreement prohibiting (ai) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, (bii) the ability of the Borrower Holdings or any Subsidiary of its Subsidiaries to amend or otherwise modify any Loan Document, Document or (ciii) the ability of the Borrower or any Subsidiary to make any payments, directly or indirectly, to the BorrowerBorrower or Holdings, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (ix) in any Loan Document, Document or (iiy) in the case of clause (ai), in any agreement governing any Indebtedness permitted by clause (e) of Section 8.2(e) 8.2 as to the assets financed with the proceeds of such Indebtedness.

Restrictive Agreements, etc. None of the Holdings and each Borrower or will not, and will not permit any of the their respective Subsidiaries will to, enter into any agreement prohibiting prohibiting (a) the creation or assumption of any Lien upon its properties, revenues or assets, whether now owned or hereafter acquired, acquired securing any Obligations; (b) the ability of the Borrower or any Subsidiary Obligor to amend or otherwise modify any Loan Document, or ; or (c) the ability of the Borrower or any Subsidiary to make any payments, directly or indirectly, to the either Borrower, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (i) in any Loan Document or Second-Lien Document, or (ii) in the case of clause (a), in any agreement governing any Indebtedness permitted by clause (e) of Section 8.2(e) 7.2.2 as to the assets financed with the proceeds of such Indebtedness, or (iii) in the case of clauses (a) and (c), any agreement of a Foreign Subsidiary governing the Indebtedness permitted by clause (f)(ii) of Section 7.2.2.

Restrictive Agreements, etc. None of the Borrower or ACT will not, and will not permit any of the its Subsidiaries will to, enter into any agreement prohibiting prohibiting (a) the creation or assumption of any Lien securing payment of the Obligations upon its properties, revenues or assets, whether now owned or hereafter acquired, ; (b) the ability of the Borrower or any Subsidiary Obligor to amend or otherwise modify any Loan Document, or ; or (c) the ability of the Borrower or any Subsidiary that is not an Obligor to make any payments, directly or indirectly, to the Borrowerany Obligor, including by way of dividends, advances, repayments of loans, reimbursements of management and other intercompany charges, expenses and accruals or other returns on investments. The foregoing prohibitions shall not apply to restrictions contained (i) in any Loan Document, Document or (ii) in the case of clause (a), in any agreement governing any Indebtedness permitted by clauses (c) or (e) of Section 8.2(e) 7.2.2 as to the assets financed with the proceeds of such Indebtedness.