Common use of Capitalization and Subsidiaries Clause in Contracts

Capitalization and Subsidiaries. Schedule 3.15 sets forth, as of the Effective Date, (a) a correct and complete list of the name and relationship to the Company of each and all of the Company’s Subsidiaries, (b) a true and complete listing of each class of authorized Equity Interests of each Borrower (other than the Company), of which all of such issued shares are validly issued, outstanding, fully paid and non-assessable (to the extent such concepts are applicable), and owned beneficially and of record by the Persons identified on Schedule 3.15, and (c) the type of entity of the Company and each of its Subsidiaries. All of the issued and outstanding Equity Interests owned by any Loan Party in its Subsidiaries has been (to the extent such concepts are relevant with respect to such ownership interests) duly authorized and issued and is fully paid and non assessable.

Appears in 4 contracts

Samples: Credit Agreement (Fifth & Pacific Companies, Inc.), Credit Agreement (Claiborne Liz Inc), Credit Agreement (Office Depot Inc)

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Capitalization and Subsidiaries. Schedule 3.15 sets forth, as of the Effective Third Restatement Date, (a) a correct and complete list of the name and relationship to the Company of each and all of the Company’s Subsidiariessubsidiaries, (b) a true and complete listing of each class of authorized Equity Interests of each Borrower (other than the Company), of which all of such issued shares are validly issued, outstanding, fully paid and non-assessable (to the extent such concepts are applicable), and owned beneficially and of record by the Persons identified on Schedule 3.15, and (c) the type of entity of the Company and each of its Subsidiariessubsidiaries. All of the issued and outstanding Equity Interests owned by any Loan Party in its Subsidiaries subsidiaries has been (to the extent such concepts are relevant with respect to such ownership interests) duly authorized and issued and is fully paid and non non-assessable.

Appears in 2 contracts

Samples: Second Amendment (ODP Corp), Credit Agreement (Office Depot Inc)

Capitalization and Subsidiaries. Schedule 3.15 3.17 sets forth, as of the Effective Date, (a) a correct and complete list of the name and relationship to the Company of each and all of the Company’s Subsidiaries, (b) a true and complete listing of each class of authorized Equity Interests of each Borrower (other than the Company), of which all of such issued shares are validly issued, outstanding, fully paid and non-assessable (to the extent such concepts are applicable), and owned beneficially and of record by the Persons identified on Schedule 3.153.17, and (c) the type of entity of the Company and each of its Subsidiaries. All of the issued and outstanding Equity Interests owned by any Loan Party in its Subsidiaries has been (to the extent such concepts are relevant with respect to such ownership interests) duly authorized and issued and is fully paid and non non-assessable.

Appears in 2 contracts

Samples: Credit Agreement (Brunswick Corp), Credit Agreement (Brunswick Corp)

Capitalization and Subsidiaries. Schedule 3.15 3.17 sets forth, as of the Effective Date, (a) a correct and complete list of the name and relationship to the Company of each and all of the Company’s Subsidiaries, (b) a true and complete listing of each class of authorized Equity Interests of each Borrower (other than the Company), of which all of such issued shares are validly issued, outstanding, fully paid and non-assessable (to the extent such concepts are applicable), and owned beneficially and of record by the Persons identified on Schedule 3.153.17, and (c) the type of entity of the Company and each of its Subsidiaries. All of the issued and outstanding Equity Interests owned by any Loan Party in its Subsidiaries has been (to the extent such concepts are relevant with respect to such ownership interests) duly authorized and issued and is fully paid and non assessable.

Appears in 2 contracts

Samples: Credit Agreement (Brunswick Corp), Credit Agreement (Brunswick Corp)

Capitalization and Subsidiaries. Schedule 3.15 sets forth, in each case, as of the Effective Date, (a) a correct and complete list of the name and relationship to the Company Borrower of each and all of the CompanyBorrower’s Subsidiaries, (b) a true and complete listing of each class of each of the Borrower’s authorized Equity Interests of each Borrower (other than the Company)Interests, of which all of such issued shares are validly issued, outstanding, fully paid and non-assessable (to the extent such concepts are applicable)assessable, and owned beneficially and of record by the Persons identified on Schedule 3.15, and (c) the type of entity of the Company Borrower and each of its Subsidiaries. All of the issued and outstanding Equity Interests owned by any Loan Party in its Subsidiaries has been (to the extent such concepts are relevant with respect to such ownership interests) duly authorized and issued and is fully paid and non assessable.

Appears in 1 contract

Samples: Credit Agreement (Superior Offshore International Inc.)

Capitalization and Subsidiaries. Schedule 3.15 sets forth, as of the Third Amendment Effective Date, (a) a correct and complete list of the name and relationship to the Company of each and all of the Company’s Subsidiariessubsidiaries, (b) a true and complete listing of each class of authorized Equity Interests of each Borrower (other than the Company), of which all of such issued shares are validly issued, outstanding, fully paid and non-assessable (to the extent such concepts are applicable), and owned beneficially and of record by the Persons identified on Schedule 3.15, and (c) the type of entity of the Company and each of its Subsidiariessubsidiaries. All of the issued and outstanding Equity Interests owned by any Loan Party in its Subsidiaries subsidiaries has been (to the extent such concepts are relevant with respect to such ownership interests) duly authorized and issued and is fully paid and non assessable.

Appears in 1 contract

Samples: Credit Agreement (Office Depot Inc)

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Capitalization and Subsidiaries. Schedule 3.15 sets forth, as of the Effective Second Restatement Date, (a) a correct and complete list of the name and relationship to the Company of each and all of the Company’s Subsidiariessubsidiaries, (b) a true and complete listing of each class of authorized Equity Interests of each Borrower (other than the Company), of which all of such issued shares are validly issued, outstanding, fully paid and non-assessable (to the extent such concepts are applicable), and owned beneficially and of record by the Persons identified on Schedule 3.15, and (c) the type of entity of the Company and each of its Subsidiariessubsidiaries. All of the issued and outstanding Equity Interests owned by any Loan Party in its Subsidiaries subsidiaries has been (to the extent such concepts are relevant with respect to such ownership interests) duly authorized and issued and is fully paid and non non-assessable.

Appears in 1 contract

Samples: Credit Agreement (Office Depot Inc)

Capitalization and Subsidiaries. Schedule 3.15 sets forth, as of the Effective Restatement Date, (a) a correct and complete list of the name and relationship to the Company of each and all of the Company’s Subsidiaries, (b) a true and complete listing of each class of authorized Equity Interests of each Borrower (other than the Company), of which all of such issued shares are validly issued, outstanding, fully paid and non-assessable (to the extent such concepts are applicable), and owned beneficially and of record by the Persons identified on Schedule 3.15, and (c) the type of entity of the Company and each of its Subsidiaries. All of the issued and outstanding Equity Interests owned by any Loan Party in its Subsidiaries has been (to the extent such concepts are relevant with respect to such ownership interests) duly authorized and issued and is fully paid and non assessable.

Appears in 1 contract

Samples: Credit Agreement (Office Depot Inc)

Capitalization and Subsidiaries. Schedule 3.15 sets forth, as of the Effective Fourth Restatement Date, (a) a correct and complete list of the name and relationship to the Company of each and all of the Company’s Subsidiariessubsidiaries, (b) a true and complete listing of each class of authorized Equity Interests of each Borrower (other than the Company), of which all of such issued shares are validly issued, outstanding, fully paid and non-assessable (to the extent such concepts are applicable), and owned beneficially and of record by the Persons identified on Schedule 3.15, and (c) the type of entity of the Company and each of its Subsidiariessubsidiaries. All of the issued and outstanding Equity Interests owned by any Loan Party in its Subsidiaries subsidiaries has been (to the extent such concepts are relevant with respect to such ownership interests) duly authorized and issued and is fully paid and non non-assessable.

Appears in 1 contract

Samples: Credit Agreement (ODP Corp)

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