Common use of ADDITIONAL CREDIT PARTIES AND COLLATERAL Clause in Contracts

ADDITIONAL CREDIT PARTIES AND COLLATERAL. Promptly ---------------------------------------- after (i) the formation or acquisition (provided that nothing in this Section shall be deemed to authorize the acquisition of any entity) of any Subsidiary not listed on Schedule 5.01, (ii) the domestication of any Foreign ------------- Subsidiary, or (iii) the occurrence of any other event creating a new Subsidiary, Intermet shall execute and deliver, and cause to be executed and delivered (x) in the case of Foreign Subsidiary, if, in the reasonable opinion of Intermet's accountants, delivery of a Guaranty Agreement would cause Intermet to be subject to tax on the undistributed earnings and profits of such Subsidiary pursuant to Subpart F of Part III, Subchapter N of the Internal Revenue Code, a Pledge Agreement with respect to 49% of the capital stock of such Subsidiary if it is a Foreign Subsidiary directly owned by Intermet or a Subsidiary that is not, and is not directly or indirectly controlled by, a Foreign Subsidiary, and (y) a Guaranty Agreement from each such Subsidiary that is not a Foreign Subsidiary whose stock has been pledged to the extent and in accordance with subsection (x) hereof, together with related documents with respect to such new Subsidiary (or the pledgor of its stock) of the kind described in Section 4.01 (e), (f), (g), (h), (i) and (p), all in form and ------------ --- --- --- --- --- --- substance satisfactory to the Agent and the Required Lenders.

ADDITIONAL CREDIT PARTIES AND COLLATERAL. Promptly ---------------------------------------- after (i) the formation or acquisition (provided that nothing in this Section shall be deemed to authorize the acquisition of any entity) of any Subsidiary Material Sub- sidiary not listed on Schedule 5.017.13, (ii) the transfer of assets to any Consolidated Company if notice thereof is required to be given pursuant to Section 8.07(q) and as a result thereof the recipient of such assets becomes a Material Subsidiary, (iii) the domestication of any Foreign ------------- Subsidiary that is a Material Subsidiary, or (iiiiv) the occurrence of any other event creating a new Material Subsidiary, Intermet shall execute and deliver, and cause to be executed and delivered (x) in the case of Foreign Subsidiary, if, in the reasonable opinion of Intermet's accountants, delivery of a Guaranty Agreement would cause Intermet to be subject to tax on the undistributed earnings and profits of such Subsidiary pursuant to Subpart F of Part III, Subchapter N of the Internal Revenue Code, a Pledge Agreement with respect to 4966% (or such greater percentage as would not result in such adverse tax consequences to Intermet as reasonably determined by Intermet's accountants) of the capital stock of such Material Subsidiary if it is a Foreign Subsidiary directly owned by Intermet or a Subsidiary that is not, and is not directly or indirectly controlled by, a Foreign Subsidiary, and (y) a Guaranty Agreement from each such Material Subsidiary that is not a Foreign Subsidiary whose stock has been pledged to the extent and in accordance with subsection (x) hereof, together with related documents with respect to such new Material Subsidiary (or the pledgor of its stock) of the kind described in Section 4.01 6.01(c), (ed), (f), (g), (h), (i), (s) and (pt), all in form and ------------ --- --- --- --- --- --- substance satisfactory to the Agent and the Required Lenders.

ADDITIONAL CREDIT PARTIES AND COLLATERAL. Promptly ---------------------------------------- Unless the Required Lenders otherwise agree, promptly after (i) the formation or acquisition (provided that nothing in this Section shall be deemed to authorize the acquisition of any entityentity not otherwise permitted hereunder) of any Subsidiary not listed on Schedule 5.015.01 (unless such Subsidiary holds no assets and conducts no business), (ii) the domestication of any Foreign ------------- Subsidiary, or (iii) the occurrence of oc cxxxxxxx xx any other event creating a new Subsidiary, Intermet shall execute and deliver, and cause to be executed and delivered (x) in the case of Foreign Subsidiary, if, in the reasonable opinion of Intermet's accountants, delivery of a Guaranty Agreement would cause Intermet to be subject to tax on the undistributed earnings and profits of such Subsidiary pursuant to Subpart F of Part III, Subchapter N of the Internal Revenue Code, a Pledge Agreement with respect to 49% of the capital stock of such Subsidiary if it is a Foreign Subsidiary directly owned by Intermet or a Subsidiary that is not, and is not directly or indirectly controlled by, a Foreign Subsidiary, and (y) a Guaranty Agreement from each such Subsidiary that is not a Foreign Subsidiary whose stock has been pledged to the extent and in accordance with subsection (x) hereof, together with related documents with respect to such new Subsidiary (or the pledgor of its stock) of the kind described in Section 4.01 (e), (f), (g), (h), (i) and (po), all in form and ------------ --- --- --- --- --- --- substance satisfactory to the Agent and the Required Lenders.

ADDITIONAL CREDIT PARTIES AND COLLATERAL. Promptly ---------------------------------------- Unless the Required Lenders otherwise agree, promptly after (i) the formation or acquisition (provided that nothing in this Section shall be deemed to authorize the acquisition of any entityentity not otherwise permitted hereunder) of any Subsidiary not listed on Schedule 5.015.01 (unless such Subsidiary holds no assets and conducts no business), (ii) the domestication of any Foreign ------------- Subsidiary, or (iii) the occurrence of any other event creating a new Subsidiary, Intermet shall execute and deliver, and cause to be executed and delivered (x) in the case of Foreign Subsidiary, if, in the reasonable opinion of Intermet's accountants, delivery of a Guaranty Agreement would cause Intermet to be subject to tax on the undistributed earnings and profits of such Subsidiary pursuant to Subpart F of Part III, Subchapter N of the Internal Revenue Code, a Pledge Agreement with respect to 49% of the capital stock of such Subsidiary if it is a Foreign Subsidiary directly owned by Intermet or a Subsidiary that is not, and is not directly or indirectly controlled by, a Foreign Subsidiary, and (y) a Guaranty Agreement from each such Subsidiary that is not a Foreign Subsidiary whose stock has been pledged to the extent and in accordance with subsection (x) hereof, together with related documents with respect to such new Subsidiary (or the pledgor of its stock) of the kind described in Section 4.01 (e), (f), (g), (h), (i) and (po), all in form and ------------ --- --- --- --- --- --- substance satisfactory to the Agent and the Required Lenders.