Additional Subsidiaries. Pursuant to Section 5.12 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in this Agreement as a Subsidiary Party upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Interline Brands, Inc./De), Guarantee and Collateral Agreement (Sea Coast Foods, Inc.), Guarantee and Collateral Agreement (Interline Brands, Inc./De)
Additional Subsidiaries. Pursuant to Section 5.12 of the Credit Agreement, each Subsidiary certain Subsidiaries of a Loan Party that was were not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is are required to enter in this Agreement as a Subsidiary Loan Party upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Loan Party hereunder with the same force and effect as if originally named as a Subsidiary Loan Party hereinin this Agreement. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 4 contracts
Samples: Credit Agreement (United Surgical Partners International Inc), Credit Agreement (United Surgical Partners International Inc), Guarantee and Collateral Agreement (United Surgical Partners International Inc)
Additional Subsidiaries. Pursuant to Section 5.12 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in into this Agreement as a Subsidiary Party upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Dex Media Inc), Guarantee and Collateral Agreement (Dex Media International Inc), Guarantee and Collateral Agreement (Dex Media West LLC)
Additional Subsidiaries. Pursuant to Section 5.12 6.11 of the Credit Agreement, each Subsidiary certain Subsidiaries of a the Loan Party Parties that was were not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is are required to enter in this Agreement as a Subsidiary Party Grantors upon becoming such a SubsidiarySubsidiaries. In addition, certain Subsidiaries of the Loan Parties that are not required under the Credit Agreement to enter in this Agreement as Grantors may elect to do so at their option. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I heretoa Security Agreement Supplement, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.)
Additional Subsidiaries. Pursuant to Section 5.12 5.16 of the Credit Agreement, each Material Subsidiary of a Loan Party that was not in existence or not a Material Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary Restatement Effective Date is required to enter in into this Agreement as a Subsidiary Party upon becoming such a Material Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (L Brands, Inc.), Amendment and Restatement Agreement (L Brands, Inc.), Amendment and Restatement Agreement (Limited Brands Inc)
Additional Subsidiaries. Pursuant to Section 5.12 5.11 of the Credit Agreement, each Domestic Subsidiary of a Loan Party the Borrower that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in into this Agreement as a Subsidiary Party upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Blockbuster Inc), Guarantee and Collateral Agreement (Blockbuster Inc)
Additional Subsidiaries. Pursuant to Section 5.12 5.11 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in into this Agreement as a Subsidiary Loan Party upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Loan Party hereunder with the same force and effect as if originally named as a Subsidiary Loan Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp)
Additional Subsidiaries. Pursuant to Section 5.12 8.14 of the Credit Agreement, each Domestic Subsidiary of a Loan Credit Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary Agreement, is required to enter in this Agreement as a Subsidiary Credit Party upon becoming such a Domestic Subsidiary. Upon execution and delivery by the Collateral Agent and a such Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Credit Party hereunder with the same force and effect as if originally named as a Subsidiary Credit Party hereinin this Agreement. The execution and delivery of any such instrument shall not require the consent of any other Loan Credit Party hereunder. The rights and obligations of each Loan Credit Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Credit Party as a party to this Agreement.
Appears in 2 contracts
Samples: Second Lien Guaranty and Collateral Agreement (HUGHES Telematics, Inc.), Guaranty and Collateral Agreement (HUGHES Telematics, Inc.)
Additional Subsidiaries. Pursuant Upon execution and delivery by any Subsidiary that is required or permitted to become a party hereto by Section 5.12 5.10 or the Collateral and Guarantee Requirement of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary on the date by Section 4.13 of the Credit Notes Indenture or by any Other First Lien Agreement and is not a Foreign Subsidiary is required to enter in this Agreement as a Subsidiary Party upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument substantially in the form of Exhibit I heretohereto (or another instrument reasonably satisfactory to the Collateral Agent and the Borrower), such Subsidiary subsidiary shall become a Subsidiary Loan Party hereunder with the same force and effect as if originally named as a Subsidiary Loan Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunderparty to this Agreement. The rights and obligations of each Loan Party hereunder party to this Agreement shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 2 contracts
Samples: Collateral Agreement (McGraw-Hill Interamericana, Inc.), Collateral Agreement (McGraw-Hill Global Education LLC)
Additional Subsidiaries. Pursuant to Section 5.12 9.14 of the Credit Agreement, each Domestic Subsidiary of a Loan Credit Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary Agreement, is required to enter in this Agreement as a Subsidiary Credit Party upon becoming such a Domestic Subsidiary. Upon execution and delivery by the Collateral Agent and a such Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Credit Party hereunder with the same force and effect as if originally named as a Subsidiary Credit Party hereinin this Agreement. The execution and delivery of any such instrument shall not require the consent of any other Loan Credit Party hereunder. The rights and obligations of each Loan Credit Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Credit Party as a party to this Agreement.
Appears in 2 contracts
Samples: Guaranty and Collateral Agreement (NightHawk Radiology Holdings Inc), Guaranty and Collateral Agreement (NightHawk Radiology Holdings Inc)
Additional Subsidiaries. Pursuant to Section 5.12 5.09 of the Revolving Credit Agreement and Sections 3.11 or 3.17 of the Term Loan Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and is not a Foreign Subsidiary Restatement Effective Date is required to enter in into this Agreement as a Subsidiary Party upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 2 contracts
Samples: Collateral Agreement (American Axle & Manufacturing Holdings Inc), Collateral Agreement (American Axle & Manufacturing Holdings Inc)
Additional Subsidiaries. Pursuant to Section 5.12 6.13(c) of the Credit Agreement, each Subsidiary of a Loan Party that was certain Subsidiaries not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is originally parties hereto may be required from time to time to enter in this Agreement as a Subsidiary Party upon becoming such a SubsidiaryLoan Parties. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a party to this Agreement as a Subsidiary Loan Party hereunder (and a guarantor and grantor hereunder) with the same force and effect as if originally named as a Subsidiary Loan Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 2 contracts
Samples: Abl Guarantee and Collateral Agreement (Spectrum Brands, Inc.), Abl Guarantee and Collateral Agreement (Spectrum Brands, Inc.)
Additional Subsidiaries. Pursuant to and in accordance with Section 5.12 of the Credit Agreement, each Domestic Subsidiary of a Loan Party Amscan that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in this Security Agreement as a Subsidiary Party promptly upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Administrative Agent and a Subsidiary of an instrument in the form of Exhibit I G hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Security Agreement.
Appears in 1 contract
Samples: Pledge and Security Agreement (Amscan Holdings Inc)
Additional Subsidiaries. Pursuant to Section 5.12 5.16 of the Credit AgreementAgreements, each Material Subsidiary of a Loan Party that was not in existence or not a Material Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary Restatement Effective Date is required to enter in into this Agreement as a Subsidiary Party upon becoming such a Material Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Limited Brands Inc)
Additional Subsidiaries. Pursuant to Section 5.12 of the Credit Agreement, each Each Domestic Subsidiary of a Loan Party that is not a Foreign Subsidiary that was not in existence or not such a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in this Agreement as a Subsidiary Loan Party upon becoming such a Subsidiaryin accordance with Section 5.11 of the Credit Agreement. Upon execution and delivery by the Collateral Administrative Agent and a Subsidiary of an instrument in the form of Exhibit I heretoa Guarantee and Collateral Agreement Supplement, such Subsidiary shall become a Subsidiary Loan Party hereunder with the same force and effect as if originally named as a Subsidiary Loan Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (CCE Spinco, Inc.)
Additional Subsidiaries. Pursuant to Section 5.12 5.10 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in this Agreement as a Subsidiary Party upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party Grantor or Pledgor hereunder. The rights and obligations of each Loan Subsidiary Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party Grantor or Pledgor as a party to this Agreement.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Alon USA Energy, Inc.)
Additional Subsidiaries. Pursuant to Section 5.12 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in this Agreement as a Subsidiary Party upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I II hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Additional Subsidiaries. Pursuant to Section 5.12 6.12 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in this Agreement as a Subsidiary Party upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Additional Subsidiaries. Pursuant to Section 5.12 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in this Agreement as a Subsidiary Party upon becoming such a Subsidiary. Upon execution and delivery by any Subsidiary that is required or permitted to become a party hereto by Section 5.10 of the Credit Agreement or the Collateral Agent and Guarantee Requirement of the Credit Agreement of a Subsidiary of an instrument Supplement hereto substantially in the form of Exhibit I heretohereto (or another instrument reasonably satisfactory to the Collateral Agent and the Borrower Representative), such Subsidiary subsidiary shall become a Subsidiary Party U.S. Pledgor or Foreign Pledgor, as applicable, hereunder with the same force and effect as if originally named as a Subsidiary Party Pledgor herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunderparty to this Agreement. The rights and obligations of each Loan Party hereunder party to this Agreement shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Additional Subsidiaries. Pursuant to Section 5.12 5.11 of the Credit Agreement, each Domestic Subsidiary of a Loan Party that was not in existence or not a Domestic Subsidiary Loan Party on the date of the Credit Agreement and is not a Foreign Subsidiary Restatement Effective Date is required to enter in into this Agreement as a Subsidiary Party upon becoming such a SubsidiaryDomestic Subsidiary Loan Party. Upon execution and delivery by the Collateral Administrative Agent and a Domestic Subsidiary Loan Party of an instrument in the form of Exhibit I A hereto, such Domestic Subsidiary Loan Party shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party Grantor hereunder. The rights and obligations of each Loan Party Grantor hereunder shall remain in full force and effect notwithstanding the addition of any new Domestic Subsidiary Loan Party as a party to this Agreement.
Appears in 1 contract
Samples: Domestic Security Agreement (Indalex Holdings Finance Inc)
Additional Subsidiaries. Pursuant to Section 5.12 5.11 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and is not a Foreign Subsidiary Second Amendment Effective Date is required to enter in this Agreement as a Subsidiary Party upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery by the Collateral Agent and a Subsidiary Loan Party of an instrument in the form of Exhibit I hereto, such Subsidiary Loan Party shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Blockbuster Inc)
Additional Subsidiaries. Pursuant to Section 5.12 5.09 of the Revolving Credit Agreement and Section 5.09 of the Term Loan Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and is not a Foreign Subsidiary Restatement Effective Date is required to enter in into this Agreement as a Subsidiary Party upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Samples: Collateral Agreement (American Axle & Manufacturing Holdings Inc)
Additional Subsidiaries. Pursuant to Section 5.12 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is required to enter in this Agreement as a Subsidiary Party upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Administrative Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Additional Subsidiaries. Pursuant to Section 5.12 5.09 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Credit this Agreement and is not a Foreign Subsidiary is required to enter in into this Agreement as a Subsidiary Party upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery by the Collateral Agent Lender and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Samples: Credit Agreement (American Axle & Manufacturing Holdings Inc)
Additional Subsidiaries. Pursuant to Section 5.12 5.11 of the Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary is may be required to enter in into this Agreement as a Subsidiary Party Guarantor and Grantor upon becoming such a Subsidiary. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party Guarantor and Grantor hereunder with the same force and effect as if originally named as a Subsidiary Party Guarantor and Grantor herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Symbol Technologies Inc)
Additional Subsidiaries. Pursuant to Section 5.12 of the Credit Agreement, each Each Subsidiary of a Loan Party that was not in existence or existence, was not a Subsidiary or was an Excluded Subsidiary on the date of the Credit Agreement and is not a Foreign Subsidiary Effective Date, is required to enter in into this Agreement as a Subsidiary Party upon becoming such a Subsidiary that is not an Excluded Subsidiary. Upon the execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunderParty. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party Subsidiary as a party to this Agreement.
Appears in 1 contract
Samples: Collateral and Guarantee Agreement (Healthsouth Corp)
Additional Subsidiaries. Pursuant to Section 5.12 5.09 of the Revolving Credit Agreement, each Subsidiary of a Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and is not a Foreign Subsidiary Restatement Effective Date is required to enter in into this Agreement as a Subsidiary Party upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery by the Collateral Agent and a Subsidiary of an instrument in the form of Exhibit I hereto, such Subsidiary shall become a Subsidiary Party hereunder with the same force and effect as if originally named as a Subsidiary Party herein. The execution and delivery of any such instrument shall not require the consent of any other Loan Party hereunder. The rights and obligations of each Loan Party hereunder shall remain in full force and effect notwithstanding the addition of any new Loan Party as a party to this Agreement.
Appears in 1 contract
Samples: Collateral Agreement (American Axle & Manufacturing Holdings Inc)