Common use of Since the Closing Date Clause in Contracts

Since the Closing Date. (a) No Loan Party (other than the Parent) has acquired any Property of the type described in Section 6.10(a) of the Credit Agreement as to which the Administrative Agent does not have a perfected Lien pursuant to the Security Documents; (b) No Loan Party (other than the Parent) has acquired any fee interest in any tract (or series of Tracts at the same location) of real property having a value (together with improvements thereof) of at least $3,000,000; (c) No Loan Party has formed or acquired any Restricted Subsidiary (and no Foreign Subsidiary that was an Excluded Foreign Subsidiary has ceased to be an Excluded Foreign Subsidiary); and (d) No Loan Party has acquired or formed any Excluded Foreign Subsidiary; except, in each case, (i) any of the foregoing that has been previously disclosed in writing to the Administrative Agent and in respect of which the Borrower has taken all actions required by Section 6.10 of the Credit Agreement with respect thereto and (ii) any of the foregoing described in Attachment 3 hereto in respect of which the Borrower is concurrently herewith taking all actions required by Section 6.10 of the Credit Agreement with respect thereto.

Since the Closing Date. (a) No Loan Party (other than the Parent) Subsidiary has acquired any Property of the type described in Section 6.10(a) of the Credit Agreement as to which the Administrative Agent does not have a perfected Lien pursuant to the Security Documents; (b) No Loan Party (other than the Parent) Subsidiary has acquired any fee interest in any tract (or series of Tracts at the same location) of real property having a value (together with improvements thereof) of at least $3,000,0001,000,000; (c) No Loan Party has formed or acquired any Restricted Subsidiary (and no Foreign Subsidiary that was an Excluded Foreign Subsidiary has ceased to be an Excluded Foreign Subsidiary); and (d) No Loan Party has acquired or formed any Excluded Foreign Subsidiary; except, in each case, (i) any of the foregoing that has been previously disclosed in writing to the Administrative Agent and in respect of which the Borrower or the applicable Subsidiary has taken all actions required by Section 6.10 of the Credit Agreement with respect thereto and (ii) any of the foregoing described in Attachment 3 hereto in respect of which the Borrower or the applicable Subsidiary is concurrently herewith taking all actions required by Section 6.10 of the Credit Agreement with respect thereto.