Additional Subsidiary Guaranties. (i) Not later than the applicable Required Delivery Date, the Borrower shall cause (A) prior to the Investment Grade Release, each Subsidiary that is the Direct Owner of any Owned Property designated by the Borrower as an Unencumbered Asset and (B) on and after the Investment Grade Release, each Subsidiary that is the Direct Owner of any Owned Property designated by the Borrower as an Unencumbered Asset and that is also a borrower or guarantor or otherwise obligated in respect of, any Recourse Indebtedness, to deliver to the Administrative Agent: (1) a Subsidiary Guaranty executed by such Subsidiary and (2) the other items required to be delivered under the following subsection (a)(ii) below; provided, however, that in respect of any Subsidiary which is required to become a Guarantor after the Effective Date pursuant to this subsection (a)(i), to the extent such Subsidiary has not become a Guarantor as of the applicable Required Delivery Date (or such later date as the Administrative Agent may agree in writing in its discretion), the Unencumbered Asset owned by such Subsidiary shall not be included in any calculation of Unencumbered Asset Value unless and until such Subsidiary executes and delivers to the Administrative Agent a Subsidiary Guaranty and the other items required to be delivered under the following subsection (a)(ii) below. Any such Subsidiary Guaranty delivered pursuant to this subsection (a)(i) and the other items required under the immediately following subsection (a)(ii) shall, unless otherwise approved by the Administrative Agent, be delivered to the Administrative Agent not later than the date on which the Compliance Certificate with respect to the fiscal quarter (or fiscal year in the case of the fourth fiscal quarter) during which, in either such case, any of the above conditions first apply to a Subsidiary (the “Required Delivery Date”).
(ii) Each Subsidiary Guaranty delivered by a Subsidiary required to become a Guarantor under the preceding subsection (a)(i) above shall be accompanied by the items that would have been delivered under Section 4.01(c)(i) through (iv), and Section 4.01(e) as if such Subsidiary had been a Guarantor on the Effective Date, each in form and substance reasonably satisfactory to the Administrative Agent and such other documents, agreement and instruments as the Administrative Agent, or any Lender through the Administrative Agent, may reasonably require in order to comply with its “know your customer” and oth...
Additional Subsidiary Guaranties. If one or more direct or indirect Subsidiaries of the Borrower that owns or ground leases any Unencumbered Assets incurs any Additional Subsidiary Indebtedness, then, at the option of the Borrower, either (1) each borrower or guarantor of such Indebtedness shall become an Additional Subsidiary Guarantor hereunder within fifteen (15) days after the incurrence of such Additional Subsidiary Indebtedness or (2) (i) such Additional Subsidiary Indebtedness shall be treated as Secured Indebtedness for purposes of calculating the Financial Covenants and (ii) any Acquisition Asset, Land, Operating Property or Asset Under Development owned directly or indirectly by each borrower or guarantor of such Additional Subsidiary Indebtedness shall not be considered an “Unencumbered Asset” for purposes of calculating the Financial Covenants (any such Unencumbered Assets so excluded pursuant to this clause (ii) shall be referred to in this Agreement collectively as “Excluded Unencumbered Assets”).
Additional Subsidiary Guaranties. The Company will cause each Domestic Subsidiary that guarantees any Indebtedness of the Company or any other Restricted Subsidiary to at the same time execute and deliver to the Trustee a Guaranty Agreement pursuant to which such Domestic Subsidiary will guarantee payment of the Securities on the same terms and conditions as those set forth in this Indenture. This Section 10.17 shall not apply to any of the Company’s Subsidiaries that have been properly designated as an Unrestricted Subsidiary or as a Special Purpose Vehicle.
Additional Subsidiary Guaranties. If the Company or any of its Restricted Subsidiaries acquires or creates another material Domestic Restricted Subsidiary after the date of this Indenture and the newly acquired or created material Domestic Restricted Subsidiary guarantees any obligations under any Credit Facility, then that newly acquired or created Domestic Restricted Subsidiary must become a Guarantor and execute a supplemental indenture and deliver an Opinion of Counsel to the Trustee within 10 Business Days of the date on which it guaranteed any obligation under any of the Credit Facilities. If any Subsidiary that is not a Guarantor at any time guaranties Indebtedness of the Company or a Guarantor, the Company will cause such Subsidiary to simultaneously execute and deliver supplemental indentures providing for the Guaranty of the payment of the Notes by such Subsidiary.
Additional Subsidiary Guaranties. 58 Section 4.18. Designation of Restricted and Unrestricted Subsidiaries.. .58 Section 4.19.
Additional Subsidiary Guaranties. 69 6.1.4 Conduct of Business..................................... 71 6.1.5 Taxes and Other Charges................................. 71 6.1.6 Insurance............................................... 71 6.1.7
Additional Subsidiary Guaranties. 44 SECTION 4. CONDITIONS PRECEDENT
Additional Subsidiary Guaranties. Additional Subsidiary Guaranties if and as required by Section 3.5 duly executed and delivered by the respective Additional Subsidiary Guarantors, together with such officers' certificates and opinions of counsel as Administrative Agent may reasonably request with respect thereto.
Additional Subsidiary Guaranties. If (i) the Borrower or any of its Subsidiaries shall acquire or create another domestic Wholly Owned Subsidiary after November 26, 1997 having assets (A) with a fair market value in excess of $100,000 or (B) consisting of one or more stores, or (ii) the Borrower acquires all remaining common stock of Pretzel Time, then such newly acquired or created Subsidiary or Pretzel Time, as the case may be, shall become a Guarantor by executing a Guaranty and delivering an opinion of counsel to the Bank to the effect that such Guaranty has been duly authorized, executed and delivered by such Subsidiary and constitutes a valid and binding obligation of such Subsidiary, enforceable against such Subsidiary in accordance with its terms (subject to customary exceptions).
Additional Subsidiary Guaranties. 34 Section 4.15. Redemption of 11 3/8% Bonds .................................. 34
