Additional Obligor. (i) The Consenting Party agrees that, during the pendency of any notice and extended cure period set forth in Section 1(b) and prior to the substitution of a Substitute Owner (as defined below) with respect to the Assigned Agreement, the Collateral Agent may, with notice to the Consenting Party, and with the limited consent of the Consenting Party as set forth in this Section 1(c)(i), appoint a person, other than the Borrower, to assume and discharge the Borrower's rights and obligations under the Assigned Agreement jointly and severally with the Borrower (such person, an "Additional Obligor"); provided, however, that the Consenting Party may withhold consent to such person as an Additional Obligor on the basis solely of such person's (A) legal capacity, power and authorization, including, if necessary, its ability to obtain and maintain in force if necessary authorizations and consents; (B) financial ability, or in the event of any guarantee being offered in support, the financial ability of any guarantor to perform the Borrower's obligations under the Assigned Agreement, or (C) technical competence to perform the Borrower's obligations under the Assigned Agreement. Following the procurement of an Additional Obligor and until the discharge of such Additional Obligor by the Collateral Agent or assignment of its rights and obligations under the Assigned Agreement to a Substitute Owner (including during the period during which the Consenting Party is considering its consent to the appointment of such Additional Obligor), the Consenting Party will continue to perform its obligations under the Assigned Agreement in favor of such Additional Obligor.
(ii) If the Consenting Party does not consent to an Additional Obligor (A) the Consenting Party will notify the Collateral Agent in writing of its decision to withhold consent to such Additional Obligor, setting forth its reasons, which shall be in accordance with Section 1(c)(i), (B) any such decision to withhold consent will be without prejudice to the Collateral Agent's rights to appoint another Additional Obligor with respect to the Assigned Agreement, and (C) any notice and extended cure period under Section 1(b) will be extended by the number of days equal to the number of days between the delivery of the notice by the Collateral Agent to the Consenting Party regarding the appointment of an Additional Obligor and the day upon which the Consenting Party gave notice to the Collateral Agent that it withheld its c...
Additional Obligor. As of the date hereof and pursuant to this First Supplemental Indenture, ULC becomes a co-obligor of the Subordinated Debentures under the Indenture in accordance with the terms and conditions of the Indenture and shall jointly and severally with the Company assume all rights and obligations of the Company thereunder.
Additional Obligor. As of the date hereof, NOR fully and unconditionally assumes, on a joint and several basis with the Company, the due and punctual payment of the principal of and premium, if any, and interest, if any, on all Outstanding QUIPS Debentures and the performance of every covenant, obligation and agreement of the Company under the Indenture applicable to the Outstanding QUIPS Debentures to be performed or observed as though each such covenant, obligation and agreement were applicable directly to NOR (substituting NOR for the Company for purposes of the Indenture), which assumption shall be subject to all of the terms and conditions related to the QUIPS Debentures contained herein, in the Indenture and in the QUIPS Debentures, including, without limitation, the subordination of such obligations to all Senior Indebtedness of NOR (substituting NOR for the Company for purposes of the definition of Senior Indebtedness) to the same extent as such QUIPS Debentures are subordinated to all Senior Indebtedness of the Company. The assumption contained in this Second Supplemental Indenture shall remain in effect only for so long as any of the QUIPS Debentures, which are Outstanding on the date hereof, shall remain Outstanding. Notwithstanding the assumption contained in this Second Supplemental Indenture, the obligations of the Company to duly and punctually pay the principal of and premium, if any, and interest, if any, on the Outstanding QUIPS Debentures and to perform its covenants, obligations and agreements on the part of the Company under the Indenture shall remain in full force and effect, without diminution or derogation in any respect whatsoever.
Additional Obligor. A Subsidiary of the Company shall execute and deliver to the Agent and the Creditors an Additional Obligor Joinder Agreement in the form attached hereto as Exhibit B (as amended, supplemented, restated or otherwise modified, an “Additional Obligor Joinder Agreement”) upon being designated an “Additional Obligor” by the Company.
Additional Obligor. SanDisk hereby expressly assumes all of the obligations of the Company as a co-issuer of the Notes under the Indenture and on the terms and subject to the conditions set forth therein; provided that such terms and conditions are consistent with the terms and conditions set forth in this First Supplemental Indenture. The Trustee and the Holders of the Notes shall be entitled to enforce the obligations of the Company against SanDisk, and SanDisk shall be entitled to exercise the rights and powers of the Company, as if it were the Issuer under the Indenture and the Notes, consistent with the terms of this First Supplemental Indenture.
Additional Obligor. As of the date hereof and pursuant to this Second Supplemental Indenture, ULC becomes a co-obligor of the Senior Notes under the Indenture in accordance with the terms and conditions of the Indenture and shall jointly and severally with the Company assume all rights and obligations of the Company thereunder.
Additional Obligor. SIGNED at __________________ on this the _________ day of _____________ 2018 For and on behalf of ___________________________ Name: Capacity: Who warrants his authority hereto
Additional Obligor. EXECUTED as a DEED for and on behalf of [ ] by its duly authorised attorney-in-fact in the presence of:
Additional Obligor. Reference is made to the Amended and Restated Collateral Trust Agreement dated as of April 20, 2016 (as amended, supplemented, amended and restated or otherwise modified and in effect from time to time, the “Collateral Trust Agreement”), by and among Calumet Specialty Products Partners, L.P., a limited partnership organized under the laws of the State of Delaware (the “Parent”), the other Obligors from time to time party thereto, Wilmington Trust, National Association, as Trustee under the Indenture (as defined therein), the other Parity Lien Representatives from time to time party thereto and Wilmington Trust, National Association, as Collateral Trustee. Capitalized terms used but not otherwise defined herein have the meanings assigned to them in the Collateral Trust Agreement. This Collateral Trust Joinder is being executed and delivered pursuant to Section 7.18 of the Collateral Trust Agreement.
Additional Obligor. Each of the parties to this Supplemental Indenture 2008-1 confirms that TIFSA expressly agreed to become and did become, effective as of May 31, 2007, a co-obligor with respect to the due and punctual payment of the principal of and interest on all the Securities according to their tenor, and the due and punctual performance and observance of all of the covenants and agreements of the Indenture to be performed or observed by the Issuer. In connection with TIFSA becoming such a co-obligor, the Issuer remained as an obligor and Tyco remained as Guarantor under the Indenture with respect to the Securities.
