Common use of Use of Proceeds; Margin Stock Clause in Contracts

Use of Proceeds; Margin Stock. The Borrowers shall use the proceeds of the Loans (i) to refinance existing indebtedness, (ii) for its general working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Borrower or Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Amcol International Corp), Credit Agreement (Amcol International Corp)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Loans (i) Revolving Credit to refinance existing indebtedness, (ii) to fund acquisitions and capital expenditures, for its general working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Borrower or Neither the Borrower, Whitestone REIT nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT Operating Partnership, L.P.)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Loans (i) Revolving Credit to refinance existing indebtedness, (ii) indebtedness and to provide funding for its general working capital purposes and (iii) for such other legal and proper purposes as are operations consistent with all applicable lawsSection 8.18, including without limitation the acquisition of Real Property for residential development, residential development, and the construction of Housing Units. No Neither the Borrower or nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% no portion of the assets of the Company Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Kimball Hill, Inc.), Credit Agreement (National Credit & Guaranty CORP)

Use of Proceeds; Margin Stock. The Borrowers shall use the proceeds of the Loans (i) Revolving Credit to refinance existing indebtedness, (ii) for its their general corporate and working capital purposes (including Acquisitions), and (iii) for such other legal to fund certain fees and proper purposes as are consistent with all applicable lawsexpenses relating to the Agreement and the transactions contemplated hereby. No Neither any Borrower or nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company any Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 2 contracts

Sources: Credit Agreement (Smucker J M Co), Credit Agreement (Smucker J M Co)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Loans (i) Revolving Credit to refinance its existing indebtedness, (ii) for its general to finance capital expenditures, to finance working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Neither the Borrower or nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (Plexus Corp)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Loans (i) to refinance existing indebtedness, (ii) Revolving Credit for its general working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Borrower or Neither the Borrower, Whitestone REIT nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (Whitestone REIT Operating Partnership, L.P.)

Use of Proceeds; Margin Stock. The Borrowers shall use the proceeds of the Loans (i) Credits to refinance existing indebtedness, indebtedness (iiincluding the refinancing of the indebtedness under the Previous Credit Agreement) and for its general working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Neither any Borrower or nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company each Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (Rc2 Corp)

Use of Proceeds; Margin Stock. The Borrowers shall use the proceeds of the Revolving Credit Loans (i) to refinance existing indebtedness, (ii) shall be used for its general working capital purposes purposes, general corporate purposes, Permitted Acquisitions, Permitted Investments and (iii) for such other legal and proper purposes as are consistent with all applicable lawsrepayment of the outstanding obligations under the Existing Credit Facility. No Borrower or Subsidiary None of the Borrowers is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Revolving Credit Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company and its Subsidiaries Borrowers which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Revolving Credit Agreement (Lojack Corp)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Loans (i) to refinance existing indebtedness, (ii) for its general working capital purposes and (iii) for such other legal and proper general corporate purposes as are consistent with all applicable lawslaws and this Agreement. No Neither the Borrower or Subsidiary nor any Guarantor is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (Smart Balance, Inc.)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Loans (i) to refinance existing indebtedness, (ii) and other extensions of credit made available hereunder for the purpose of retiring the indebtedness outstanding under the Existing Credit Agreements and for its general working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Neither the Borrower or nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the those assets of the Company Borrower and its Subsidiaries which are subject to any limitation on sale, pledge pledge, or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (Sycamore Park Convalescent Hospital)

Use of Proceeds; Margin Stock. The Borrowers shall use the proceeds of the Revolving Credit Loans (i) to refinance existing indebtedness, (ii) shall be used for its general working capital purposes purposes, general corporate purposes, Permitted Acquisitions, Permitted Investments and (iii) for such other legal and proper purposes as are consistent with all applicable lawsrepayment of the outstanding obligations under the Existing Credit Facility. No Borrower or Subsidiary None of the Borrowers is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Revolving Credit Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company and its Subsidiaries Borrowers which are subject to any limitation on sale, pledge or other restriction hereunder.. §

Appears in 1 contract

Sources: Multicurrency Revolving Credit Agreement (Lojack Corp)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Loans (i) to refinance existing indebtedness, (ii) pay a portion of the purchase price for its general working capital purposes the ELC Acquisition and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Neither the Parent, the Borrower or nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company Parent, the Borrower and its the Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Excelligence Learning Corp)

Use of Proceeds; Margin Stock. The Borrowers Company shall use the proceeds of the Loans (i) and other extensions of credit made available hereunder to refinance existing indebtednessthe Prior Indebtedness, (ii) for its general working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Borrower or Neither the Company nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the those assets of the Company and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (Ha Lo Industries Inc)

Use of Proceeds; Margin Stock. The Borrowers shall use the proceeds of the Loans (i) Credits to refinance existing indebtedness, indebtedness (iiincluding the repayment of all indebtedness under the Existing Credit Agreement) and for its general working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Neither any Borrower or nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company each Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (Racing Champions Corp)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Loans (i) Revolving Credit to refinance existing indebtedness, (ii) for its general working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Neither the Borrower or nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (Rent Way Inc)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of the Loans (i) to refinance Revolving Credit for refinancing its existing indebtedness, (ii) for its general working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Neither the Borrower or nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Revolving Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (LTC Properties Inc)

Use of Proceeds; Margin Stock. The Borrowers Borrower shall use the proceeds of Loans and the Loans (i) Letters of Credit from time to refinance existing indebtedness, (ii) time made available hereunder for its general working capital purposes and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Neither the Borrower or nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the those assets of the Company Borrower and its Subsidiaries which are subject to any limitation on sale, pledge pledge, or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (Vision Twenty One Inc)

Use of Proceeds; Margin Stock. The Borrowers shall use the proceeds of the Loans (i) to refinance existing indebtedness, (ii) for its their general working capital purposes purposes, to finance capital expenditures and (iii) for such other legal and proper purposes as are consistent with all applicable laws. No Borrower or Neither of the Borrowers nor any Subsidiary is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U of the Board of Governors of the Federal Reserve System), and no part of the proceeds of any Loan or any other extension of credit made hereunder will be used to purchase or carry any such margin stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock. Margin stock (as hereinabove defined) constitutes less than 25% of the assets of the Company each Borrower and its Subsidiaries which are subject to any limitation on sale, pledge or other restriction hereunder.

Appears in 1 contract

Sources: Credit Agreement (Penford Corp)