Common use of As to Capital Securities of the Subsidiaries, Investment Property Clause in Contracts

As to Capital Securities of the Subsidiaries, Investment Property. (a) With respect to any direct Subsidiary of any Grantor that is: (i) a corporation, business trust, joint stock company or similar Person, all Capital Securities issued by such Subsidiary are duly authorized and validly issued, fully paid and non-assessable, and represented by a certificate; and (ii) a partnership or limited liability company, no Capital Securities issued by such Subsidiary (A) are dealt in or traded on securities exchanges or in securities markets, (B) expressly provide that such Capital Securities are a security governed by Article 8 of the UCC or (C) are held in a Securities Account, except, with respect to this clause (a)(ii), Capital Securities (x) for which the Agent is the registered owner or (y) with respect to which the issuer has agreed in an authenticated record with such Grantor and the Agent to comply with any instructions of the Agent without the consent of such Grantor. (b) The percentage of the issued and outstanding Capital Securities of each Subsidiary pledged by each Grantor hereunder is as set forth on Schedule I.

Appears in 3 contracts

Samples: Security Agreement (Empire Resources Inc /New/), Security Agreement (Empire Resources Inc /New/), Credit Agreement (Empire Resources Inc /New/)

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