Permitted Acquisition

Permitted Acquisition. The purchase or acquisition by the Borrower or any of its Subsidiaries of Equity Interests in, or substantially all of the assets of, another Corporation provided that: (A) all such purchases and acquisitions during any period of twelve (12) consecutive calendar months shall not in the aggregate exceed thirty-five and No/100 percent (35.00%) of the consolidated stockholders' equity of the Borrower, determined in accordance in GAAP; and (B) no default, Event of Default or event that would... constitute a default or Event of Default but for the giving of notice, the lapse of time or both, has occurred in any provision of this agreement, the Notes or any other Related Documents and is continuing or would result from such purchase or acquisition. View More

Permitted Acquisition. The Acquired Business shall (a) in the case of an Acquired Business that is a Person, be an operating company that engages in a line of business substantially similar to the business that Parent and its Subsidiaries are permitted to engage in pursuant to Section 9.15 and (b) in all other cases, be a business or a division engaged in, or assets related to, a line of business substantially similar to the business that Parent and its Subsidiaries are permitted to engage in pursuant to Section 9.15.

Permitted Acquisition. Any Acquisition (i) with an Acquisition amount of $100,000,000.00 or more if approved by Bank, and (ii) with an Acquisition amount of less than $100,000,000.00 if: (A) The business acquired is a Permitted Line of Business; (B) Any securities given as consideration therewith are securities of Borrower; (C) Immediately after the Acquisition, the business so acquired (and the assets constituting such business) shall be owned and operated by Borrower or another Member of the Borrower Consolidated... Group; (D) No Default shall have occurred and be continuing at the time of the consummation of such Acquisition or would exist immediately after such Acquisition; (E) With respect to any Acquisition with an acquisition amount of $10,000,000.00 or more, Borrower shall have delivered to Bank a pro-forma compliance certificate demonstrating that, on a pro-forma basis, after giving effect to the Acquisition, such Acquisition would not give rise to a Financial Covenant Default as of the consummation of the Acquisition, or a Financial Covenant Default during the one-year period following the consummation of such Acquisition; and (F) Any other Acquisition that may be approved in writing by Bank from time to time View More

Permitted Acquisition. (i) the aggregate amount of all acquisitions in any Fiscal Year shall not exceed $200,000,000; (ii) the amount of such individual acquisition shall not exceed $200,000,000, and (iii) the aggregate amount of all acquisitions during the term of the Revolving Loan Commitments shall not exceed $600,000,000;

Permitted Acquisition. The Lender shall receive written notice at least three (3) Business Days prior to the earlier of: (i) Borrower issuing a news release announcing such proposed Acquisition, (ii) Borrower filing a Form 8K with SEC announcing such proposed Acquisition and (iii) the closing of such proposed Acquisition, which notice shall include a reasonably detailed description of such proposed Acquisition.

Permitted Acquisition. Borrowers shall have Availability in an amount equal to or greater than 20% of the Maximum Revolver Amount immediately after giving effect to the consummation of the proposed Acquisition.

Permitted Acquisition. Provided that after giving effect to such acquisition, the Borrower and its subsidiaries shall be in pro forma compliance with a Secured Net Leverage Ratio not to exceed 3.00:1.00; provided further that, notwithstanding prong (i) of this definition of "Permitted Acquisitions" the True Harvest Acquisition may be funded with the proceeds of the Delayed Draw Term Loans.

Permitted Acquisition. (x) the [****] Product Acquisition; provided that such Acquisition is consummated in accordance with the terms and conditions of the [****] Product Acquisition Agreement without any material waiver, amendment or other modification thereto (unless approved in writing by the Administrative Agent prior to the effectiveness thereof, which approval may not be unreasonably withheld), and (y) any other Acquisition by the Borrower or any of its Subsidiaries; provided that, in the case of any such other... Acquisition made pursuant to this clause (y): View More

Permitted Acquisition. (i) clause (a) is amended by replacing each instance of "Leverage Ratio" with "Consolidated Net Leverage Ratio" and (ii) clauses (d), (e) and (f) are amended and restated to read as follows:(d) subject, in the case of a Limited Condition Acquisition, to Section 1.08, before and after giving effect to such Acquisition, on a Pro Forma Basis, the Borrower is in compliance with each of the covenants set forth in Article VII, measuring Consolidated Total Indebtedness for purposes of Section 7.01 as... of the date of such Acquisition and otherwise recomputing the covenants set forth in Article VII as of the last day of the most recently ended Fiscal Quarter for which financial statements are required to have been delivered pursuant to Section 6.01(a) or (b) as if such Acquisition had occurred, and any Indebtedness incurred in connection therewith was incurred, on the first day of the relevant period for testing compliance, and, to the extent the consideration for such Acquisition (including any assumed indebtedness and the fair market value of any deferred payment obligation) exceeds $10 million, the Borrower shall have delivered to the Administrative Agent a pro forma Compliance Certificate (which shall include the computation required by clause (a) above) signed by a Responsible Officer certifying to the foregoing at least five (5) days prior to the date of the consummation of such Acquisition (or such shorter period as the Administrative Agent may agree in its sole discretion);(e) at least thirty (30) days prior to the date of the consummation of such Acquisition, (or such shorter period as the Administrative Agent may agree in its sole discretion), the Borrower shall have delivered to the Administrative Agent notice of such Acquisition, together with, to the extent the consideration for such Acquisition (including any assumed indebtedness and the fair market value of any deferred payment obligation) exceeds $10 million, historical financial information and analysis with respect to the Person whose stock or assets are being acquired (provided, if historical financial information is not readily available, the Borrower may provide a reasonably detailed description of the proposed material terms of such Acquisition); (f) at least five (5) days prior to the date of the consummation of such Acquisition (or such shorter period as the Administrative Agent may agree in its sole discretion), to the extent the consideration for such Acquisition (including any assumed indebtedness and the fair market value of any deferred payment obligation) exceeds $10 million, the Borrower shall have delivered to the Administrative Agent copies of the substantially final acquisition agreement and related documents (including, to the extent applicable, financial information and analysis, environmental assessments and reports, opinions, certificates and lien searches) and information reasonably requested by the Administrative Agent prior to such date; View More