Covenant to Guarantee Obligations and Give Security. (a) Upon the formation or acquisition by any Loan Party of any new direct or indirect Subsidiary (other than any Excluded Subsidiary or any Immaterial Subsidiary), or upon a Subsidiary of any Loan Party ceasing to be an Excluded Subsidiary or ceasing to be an Immaterial Subsidiary, as applicable, the Borrower shall, at the Borrower’s expense:
Appears in 6 contracts
Samples: Credit Agreement (Bellring Brands, Inc.), Bridge Facility Agreement (Post Holdings, Inc.), Bridge Facility Agreement (Bellring Brands, Inc.)
Covenant to Guarantee Obligations and Give Security. (a) Upon the formation or acquisition by any Loan Party of any new direct or indirect Subsidiary (other than any Excluded Subsidiary or any Immaterial Subsidiary), or upon a Subsidiary of any Loan Party ceasing to be an Excluded Subsidiary or ceasing to be an Immaterial Subsidiary, as applicable, the Borrower shall, at the Borrower’s expense:
Appears in 4 contracts
Samples: Credit Agreement (Turning Point Brands, Inc.), Credit Agreement (Post Holdings, Inc.), Credit Agreement (Turning Point Brands, Inc.)
Covenant to Guarantee Obligations and Give Security. (a) Upon the formation or acquisition by any Loan Party of any new direct or indirect Subsidiary (other than any Excluded Subsidiary or any Immaterial Subsidiary), or upon a Subsidiary of any Loan Party ceasing to be an Excluded Subsidiary or ceasing to be an Immaterial Subsidiary, as applicable, the Borrower shall, at the Borrower’s expense:
Appears in 3 contracts
Samples: Credit Agreement (Yesway, Inc.), Credit Agreement, Credit Agreement (Post Holdings, Inc.)
Covenant to Guarantee Obligations and Give Security. (a) Upon the formation or acquisition (including by any Loan Party division) of any new direct or indirect Subsidiary (other than any Excluded Subsidiary or an Unrestricted Subsidiary) by any Immaterial Subsidiary)Loan Party following the Closing Date, or upon a any Subsidiary of any Loan Party ceasing to be an Excluded Subsidiary or ceasing to be an Immaterial Subsidiary, as applicable, then the Borrower shall, at the Borrower’s expense:
Appears in 2 contracts
Samples: Credit Agreement (Avient Corp), Credit Agreement (Polyone Corp)
Covenant to Guarantee Obligations and Give Security. (a) Upon the formation or acquisition by any Loan Party of any new direct or indirect Subsidiary (other than any Excluded Subsidiary or any Immaterial Subsidiary), or upon a Subsidiary of ) by any Loan Party (including, without limitation, upon the formation of any Subsidiary that is a Division Successor) or any Excluded Subsidiary ceasing to be an Excluded Subsidiary or ceasing to be an Immaterial Subsidiary, as applicable, then the Borrower shall, at the Borrower’s expense:
Appears in 1 contract
Covenant to Guarantee Obligations and Give Security. (ac) Upon the formation or acquisition by any Loan Party of any new direct or indirect Subsidiary (other than any Excluded Subsidiary or an Unrestricted Subsidiary) by any Immaterial Subsidiary)Loan Party following the Closing Date, or upon a any Subsidiary of any Loan Party ceasing to be an Excluded Subsidiary or ceasing to be an Immaterial Subsidiary, as applicable, then the Borrower shall, at the Borrower’s expense:
Appears in 1 contract
Samples: Credit Agreement (Polyone Corp)
Covenant to Guarantee Obligations and Give Security. (a) Upon (x) the formation or acquisition by any Loan Party of any new wholly-owned direct or indirect Subsidiary (other than any an Excluded Subsidiary or any Immaterial Subsidiary), or upon a Subsidiary of ) by any Loan Party or (y) any Subsidiary ceasing to be an Excluded Subsidiary or ceasing to be an Immaterial Subsidiary, as applicable, the Borrower shall, at the Borrower’s expense:
Appears in 1 contract
Samples: Credit Agreement (FX Alliance Inc.)
Covenant to Guarantee Obligations and Give Security. (a) Upon the formation or acquisition by any Loan Party of any new direct or indirect Subsidiary (other than any an Excluded Subsidiary or any Immaterial Subsidiary), or upon a Subsidiary of any Loan Party ceasing to be an Excluded Subsidiary or ceasing to be an Immaterial Subsidiary, as applicable, the Borrower Holdings and Borrowers shall, at the Borrower’s their expense:
Appears in 1 contract
Covenant to Guarantee Obligations and Give Security. (a) Upon the formation or acquisition by any Loan Party of any new direct or indirect Subsidiary (other than an Excluded Subsidiary) (provided, that prior to any Excluded Subsidiary such formation or any Immaterial Subsidiaryacquisition, such Loan Party shall have received the written consent of the Required Lenders), or upon a Subsidiary of any Loan Party ceasing to be an Excluded Subsidiary or ceasing to be an Immaterial Subsidiary, as applicable, the Borrower Holdings and Borrowers shall, at the Borrower’s their expense:
Appears in 1 contract
Samples: Possession Term Loan Agreement (EveryWare Global, Inc.)