Common use of Borrowing Subsidiaries Clause in Contracts

Borrowing Subsidiaries. On or after the Effective ----------------------- Date, the Company may designate any Subsidiary of the Company as a Borrowing Subsidiary by delivery to the Administrative Agent of a Borrowing Subsidiary Agreement executed by such Subsidiary and the Company, and upon such delivery such Subsidiary shall for all purposes of this Agreement be a Borrowing Subsidiary and a party to this Agreement until the Company shall have executed and delivered to the Administrative Agent a Borrowing Subsidiary Termination with respect to such Subsidiary, whereupon such Subsidiary shall cease to be a Borrowing Subsidiary and a party to this Agreement. Notwithstanding the preceding sentence, no Borrowing Subsidiary Termination will become effective as to any Borrowing Subsidiary at a time when any principal of or interest on any Loan to such Borrowing Subsidiary shall be outstanding hereunder, provided that such Borrowing Subsidiary Termination shall be -------- effective to terminate such Borrowing Subsidiary's right to make further Borrowings under this Agreement. Promptly following receipt of any Borrowing Subsidiary Agreement, the Administrative Agent shall send a copy thereof to each Lender.

Borrowing Subsidiaries. On or after the Effective ----------------------- Date, the Company may designate PKL, PSMC and/or any Wholly-Owned Subsidiary of the Company as a Borrowing Subsidiary by delivery to the Administrative Agent of a Borrowing Subsidiary Agreement executed by PKL, PSMC or such Subsidiary and the Company, and upon such delivery PKL, PSMC or such Subsidiary shall for all purposes of this Agreement be a Borrowing Subsidiary and a party to this Agreement. The Company may cause any Borrowing Subsidiary to cease to be a party to this Agreement until the Company shall have executed by executing and delivered delivering to the Administrative Agent a Borrowing Subsidiary Termination with respect to PKL, PSMC or such Subsidiary, whereupon PKL, PSMC or such Subsidiary shall cease to be a Borrowing Subsidiary and a party to this Agreement. Notwithstanding the preceding sentenceforegoing, no Borrowing Subsidiary Termination will become effective as to any Borrowing Subsidiary at a time when any principal of or interest on any Loan made directly to such Borrowing Subsidiary shall be outstanding hereunder, ; provided that such Borrowing Subsidiary Termination shall be -------- effective to terminate such Borrowing Subsidiary's right to make further Borrowings under this Agreement. Promptly following As soon as practicable upon receipt of any a Borrowing Subsidiary Agreement, the Administrative Agent shall send a copy thereof to each Lender.

Borrowing Subsidiaries. On or after the Effective ----------------------- Date, the Company may designate any Restricted Subsidiary of the Company as a Borrowing Subsidiary by delivery to the Administrative Agent of a Borrowing Subsidiary Agreement executed by such Restricted Subsidiary and the Company, and upon five (5) Business Days following (i) such delivery and (ii) receipt of documentation reasonably requested by the Lenders in order to comply with the Act (as defined in Section 9.16), such Restricted Subsidiary shall for all purposes of this Agreement be a Borrowing Subsidiary and a party to this Agreement until the Company shall have executed and delivered to the Administrative Agent a Borrowing Subsidiary Termination with respect to such Restricted Subsidiary, whereupon such Restricted Subsidiary shall cease to be a Borrowing Subsidiary and a party to this Agreement. Notwithstanding the preceding sentence, no Borrowing Subsidiary Termination will become effective as to any Borrowing Subsidiary at a time when any principal of or interest on any Revolving Loan to such Borrowing Subsidiary or any Letter of Credit issued for the account of such Borrowing Subsidiary shall be outstanding hereunder, ; provided that such Borrowing Subsidiary Termination shall be -------- effective to terminate such Borrowing Subsidiary's ’s right to make further Borrowings or to request Letters of Credit under this Agreement. Promptly following As soon as practicable upon receipt of any a Borrowing Subsidiary Agreement, the Administrative Agent shall send a copy thereof to each Lender.

Borrowing Subsidiaries. On or after the Effective ----------------------- ---------------------- Date, the Company may designate any Subsidiary of the Company as a Borrowing Subsidiary by delivery to the Administrative Agent of a Borrowing Subsidiary Agreement executed by such Subsidiary and the Company, and upon such delivery such Subsidiary shall for all purposes of this Agreement be a Borrowing Subsidiary and a party to this Agreement until the Company shall have executed and delivered to the Administrative Agent a Borrowing Subsidiary Termination with respect to such Subsidiary, whereupon such Subsidiary shall cease to be a Borrowing Subsidiary and a party to this Agreement. Notwithstanding the preceding sentence, no Borrowing Subsidiary Termination will become effective as to any Borrowing Subsidiary at a time when any principal of or interest on any Loan to such Borrowing Subsidiary shall be outstanding hereunder, provided that -------- such Borrowing Subsidiary Termination shall be -------- effective to terminate such Borrowing Subsidiary's right to make further Borrowings under this Agreement. Promptly following receipt of any Borrowing Subsidiary Agreement, the Administrative Agent shall send a copy thereof to each Lender.

Borrowing Subsidiaries. On or after the Effective ----------------------- Date, the Company may designate any Restricted Subsidiary of the Company as a Borrowing Subsidiary by delivery to the Administrative Agent of a Borrowing Subsidiary Agreement executed by such Restricted Subsidiary and the Company, and upon such delivery such Restricted Subsidiary shall for all purposes of this Agreement be a Borrowing Subsidiary and a party to this Agreement until the Company shall have executed and delivered to the Administrative Agent a Borrowing Subsidiary Termination with respect to such Restricted Subsidiary, whereupon such Restricted Subsidiary shall cease to be a Borrowing Subsidiary and a party to this Agreement. Notwithstanding the preceding sentence, no Borrowing Subsidiary Termination will become effective as to any Borrowing Subsidiary at a time when any principal of or interest on any Revolving Loan to such Borrowing Subsidiary or any Letter of Credit issued for the account of such Borrowing Subsidiary shall be outstanding hereunder, provided ; PROVIDED that such Borrowing Subsidiary Termination shall be -------- effective to terminate such Borrowing Subsidiary's right to make further Borrowings or to request Letters of Credit under this Agreement. Promptly following As soon as practicable upon receipt of any a Borrowing Subsidiary Agreement, the Administrative Agent shall send a copy thereof to each Lender.

Borrowing Subsidiaries. On or after the Effective ----------------------- Date, the Company may designate any Restricted Subsidiary of the Company as a Borrowing Subsidiary by delivery to the Administrative Agent of a Borrowing Subsidiary Agreement executed by such Restricted Subsidiary and the Company, and upon such delivery such Restricted Subsidiary shall for all purposes of this Agreement be a Borrowing Subsidiary and a party to this Agreement until the Company shall have executed and delivered to the Administrative Agent a Borrowing Subsidiary Termination with respect to such Restricted Subsidiary, whereupon such Restricted Subsidiary shall cease to be a Borrowing Subsidiary and a party to this Agreement. Notwithstanding the preceding sentence, no Borrowing Subsidiary Termination will become effective as to any Borrowing Subsidiary at a time when any principal of or interest on any Revolving Loan to such Borrowing Subsidiary or any Letter of Credit issued for the account of such Borrowing Subsidiary shall be outstanding hereunder, ; provided that such Borrowing Subsidiary Termination shall be -------- effective to terminate such Borrowing Subsidiary's ’s right to make further Borrowings or to request Letters of Credit under this Agreement. Promptly following As soon as practicable upon receipt of any a Borrowing Subsidiary Agreement, the Administrative Agent shall send a copy thereof to each Lender.

Borrowing Subsidiaries. On or after the Effective ----------------------- Date, the Company may designate any Restricted Subsidiary of the Company as a Borrowing Subsidiary by delivery to the Administrative Agent of a Borrowing Subsidiary Agreement executed by such Restricted Subsidiary and the Company, and upon such delivery such Restricted Subsidiary shall for all purposes of this Agreement be a Borrowing Subsidiary and a party to this Agreement until the Company shall have executed and delivered to the Administrative Agent a Borrowing Subsidiary Termination with respect to such Restricted Subsidiary, whereupon such Restricted Subsidiary shall cease to be a Borrowing Subsidiary and a party to this Agreement. Notwithstanding the preceding sentence, no Borrowing Subsidiary Termination will become effective as to any Borrowing Subsidiary at a time when any principal of or interest on any Revolving Loan to such Borrowing Subsidiary or any Letter of Credit issued for the account of such Borrowing Subsidiary shall be outstanding hereunder, ; provided that such Borrowing Subsidiary Termination shall be -------- effective to terminate such Borrowing Subsidiary's right to make further Borrowings or to request Letters of Credit under this Agreement. Promptly following As soon as practicable upon receipt of any a Borrowing Subsidiary Agreement, the Administrative Agent shall send a copy thereof to each Lender.

Borrowing Subsidiaries. On or after the Effective ----------------------- Date, the Company may designate any Restricted Subsidiary of the Company as a Borrowing Subsidiary by delivery to the Administrative Agent of a Borrowing Subsidiary Agreement executed by such Restricted Subsidiary and the Company, and upon five (5) Business Days following (i) such delivery and (ii) receipt of documentation reasonably requested by the Lenders in order to comply with the USA PATRIOT Act, such Restricted Subsidiary shall for all purposes of this Agreement be a Borrowing Subsidiary and a party to this Agreement until the Company shall have executed and delivered to the Administrative Agent a Borrowing Subsidiary Termination with respect to such Restricted Subsidiary, whereupon such Restricted Subsidiary shall cease to be a Borrowing Subsidiary and a party to this Agreement. Notwithstanding the preceding sentence, no Borrowing Subsidiary Termination will become effective as to any Borrowing Subsidiary at a time when any principal of or interest on any Revolving Loan to such Borrowing Subsidiary or any Letter of Credit issued for the account of such Borrowing Subsidiary shall be outstanding hereunder, ; provided that such Borrowing Subsidiary Termination shall be -------- effective to terminate such Borrowing Subsidiary's ’s right to make further Borrowings or to request Letters of Credit under this Agreement. Promptly following As soon as practicable upon receipt of any a Borrowing Subsidiary Agreement, the Administrative Agent shall send a copy thereof to each Lender.

Borrowing Subsidiaries. (a) On or after the Effective ----------------------- Date, the Company may designate any Subsidiary of the Company as a Borrowing Subsidiary by delivery to the Administrative Agent of a Borrowing Subsidiary Agreement executed by such Subsidiary and the Company, and upon such delivery such Subsidiary shall for all purposes of this Agreement be a Borrowing Subsidiary and a party to this Agreement until the Company shall have executed and delivered to the Administrative Agent a Borrowing Subsidiary Termination with respect to such Subsidiary, whereupon such Subsidiary shall cease to be a Borrowing Subsidiary and a party to this Agreement. Notwithstanding the preceding sentence, no Borrowing Subsidiary Termination will become effective as to any Borrowing Subsidiary at a time when any principal of or interest on any Loan to such Borrowing Subsidiary shall be outstanding hereunder, ; provided that such Borrowing Subsidiary Termination shall be -------- effective to terminate such Borrowing Subsidiary's ’s right to make further Borrowings under this Agreement. Promptly following receipt of any . (b) If the Company shall designate as a Borrowing Subsidiary Agreementhereunder any Subsidiary not organized under the laws of the United States or any State thereof, any Lender may, with notice to the Administrative Agent shall send and the Company, fulfill its Commitment by causing an Affiliate or a copy thereof branch of such Lender to each Lenderact as the Lender in respect of such Borrowing Subsidiary.