Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors may designate any Subsidiary of the Company to be an Unrestricted Subsidiary if:
Appears in 26 contracts
Samples: Indenture (Lamb Weston Holdings, Inc.), Indenture (Rite Aid Corp), Tempur Sealy International, Inc.
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Subsidiary of the Company to be an Unrestricted Subsidiary ifif such Subsidiary:
Appears in 21 contracts
Samples: Indenture (Videotron Ltee), Subordination Agreement (Quebecor Media Inc), Subordination Agreement (Videotron Ltee)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary ifSubsidiary; provided that:
Appears in 18 contracts
Samples: Indenture (Cogent Communications Holdings, Inc.), Indenture (SB/RH Holdings, LLC), Supplemental Indenture (SB/RH Holdings, LLC)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary ifSubsidiary; provided that:
Appears in 18 contracts
Samples: Indenture (Bright Scholar Education Holdings LTD), Paying and Transfer Agent and Registrar (eHi Car Services LTD), Supplemental Indenture (Xinyuan Real Estate Co., Ltd.)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary of the Company Subsidiary, including a newly acquired or created Subsidiary, to be an Unrestricted Subsidiary if:if it meets the following qualifications and the designation would not cause a Default.
Appears in 16 contracts
Samples: Supplemental Indenture (Aci Worldwide, Inc.), Supplemental Indenture (Aci Worldwide, Inc.), Indenture (Ruby Tuesday Inc)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary of the Company Subsidiary, including a newly acquired or created Subsidiary, to be an Unrestricted Subsidiary ifif it meets the following qualifications and the designation would not cause a Default:
Appears in 14 contracts
Samples: Supplemental Indenture (Consensus Cloud Solutions, Inc.), Supplemental Indenture (Consensus Cloud Solutions, Inc.), Indenture (Carvana Co.)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary ifSubsidiary; provided that:
Appears in 14 contracts
Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Indenture (Fairpoint Communications Inc)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors of the Company may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary ifSubsidiary; provided that:
Appears in 12 contracts
Samples: Indenture (Emergent BioSolutions Inc.), Paying Agent (Patrick Industries Inc), Paying Agent (MTS Systems Corp)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors may designate any Subsidiary of the Company to be an Unrestricted Subsidiary ifif such designation is permitted under the covenant described in Section 4.12 and the Subsidiary to be so designated:
Appears in 11 contracts
Samples: Indenture (Mci Inc), Indenture (Mci Inc), Indenture (Digex Inc/De)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary of the Company to be may designate after the Issue Date any Subsidiary as an “Unrestricted Subsidiary Subsidiary” (a “Designation”) only if:
Appears in 10 contracts
Samples: Supplemental Indenture (Sandridge Energy Inc), Supplemental Indenture (Sandridge Energy Inc), Intercreditor Agreement (Sandridge Energy Inc)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary if:
Appears in 10 contracts
Samples: Vantage Drilling International, Indenture (SAExploration Holdings, Inc.), Indenture (Vantage Drilling International)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary of the Company to be an Unrestricted Subsidiary if:
Appears in 8 contracts
Samples: Indenture (Paxson Communications Corp), Indenture (Paxson Communications Corp), Indenture (Celestica Inc)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors may designate any Restricted Subsidiary of the Company and any newly acquired or newly formed Subsidiary to be an Unrestricted Subsidiary ifSubsidiary; provided that:
Appears in 6 contracts
Samples: Indenture (Treasure Chest Casino LLC), Indenture (Boyd Gaming Corp), Everi Holdings Inc.
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary of the Company (including any newly acquired or newly formed Subsidiary of the Company) other than the Issuer to be an Unrestricted Subsidiary if:
Appears in 5 contracts
Samples: Indenture (Virgin Media Inc.), Indenture (NTL Inc), Virgin Media Inc.
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary ifSubsidiary, provided that:
Appears in 5 contracts
Samples: Supplemental Indenture (Yin Jia Investments LTD), Supplemental Indenture (Yin Jia Investments LTD), Supplemental Indenture (Yin Jia Investments LTD)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors of the Company may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary ifSubsidiary; provided that:
Appears in 5 contracts
Samples: Indenture (Landrys Restaurants Inc), Indenture (Landrys Restaurants Inc), Indenture (HHG Distributing, LLC)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of Parent may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary if:
Appears in 5 contracts
Samples: Intercreditor Agreement (Vantage Drilling CO), Credit Agreement (Vantage Drilling CO), Indenture (Vantage Drilling CO)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Restricted Subsidiary (other than a Co-Issuer) of the Company to be an Unrestricted Subsidiary ifSubsidiary; provided that:
Appears in 4 contracts
Samples: Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.), Supplemental Indenture (Coty Inc.)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Unrestricted Subsidiary of the Company to be an Unrestricted a Restricted Subsidiary only if:
Appears in 3 contracts
Samples: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Subsidiary of the Company its Subsidiaries to be an Unrestricted Subsidiary ifif the Parent or a Restricted Subsidiary, as the case may be, is permitted to make such Investment in such Subsidiary and such Subsidiary:
Appears in 3 contracts
Samples: Fourth Supplemental Indenture (Prestige Brands Holdings, Inc.), Prestige Brands Holdings, Inc., Prestige Brands International, Inc.
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors may designate any Subsidiary of the Company Borrower to be an Unrestricted Subsidiary if:
Appears in 3 contracts
Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Term Loan Agreement (Levi Strauss & Co)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary of the Company Subsidiary, including a newly acquired or created Subsidiary, to be an Unrestricted Subsidiary ifif it meets the following qualifications:
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (LendingClub Corp), Credit and Guaranty Agreement (LendingClub Corp), Credit and Guaranty Agreement (Cypress Semiconductor Corp /De/)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors may designate any Subsidiary of the Company Borrower to be an Unrestricted Subsidiary ifif the Subsidiary to be so designated:
Appears in 2 contracts
Samples: Credit Agreement (Technical Olympic Usa Inc), Credit Agreement (Technical Olympic Usa Inc)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors of the Company may designate any Subsidiary of the Company (including any newly acquired or newly formed Subsidiary) to be an Unrestricted Subsidiary if:
Appears in 2 contracts
Samples: Term Loan Agreement (MSX International Inc), Fourth Secured Term Loan Agreement (MSX International Inc)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Restricted Subsidiary of the Company (other than the Co-Issuer) to be an Unrestricted Subsidiary ifSubsidiary; provided that:
Appears in 2 contracts
Samples: Indenture (Windstream Services, LLC), Windstream Services, LLC
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Subsidiary of the Company to be an Unrestricted Subsidiary ifif such designation is permitted under Section 4.10 and the Subsidiary to be so designated:
Appears in 2 contracts
Samples: Indenture (Cascades Inc), www.cascades.com
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary ifSubsidiary, provided that:
Appears in 2 contracts
Samples: Ikon Office (Ikon Office Solutions Inc), Execution (Venture Holdings, Inc.)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Subsidiary of the Company Subsidiary, including a newly acquired or created Subsidiary, to be an Unrestricted Subsidiary ifif it meets the following qualifications and the designation would not cause a Default:
Appears in 2 contracts
Samples: Supplemental Indenture (Eastman Kodak Co), Supplemental Indenture (Eastman Kodak Co)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Parent may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary if:
Appears in 2 contracts
Samples: Indenture (Oclaro, Inc.), Advance Escrow Agreement (Vantage Drilling CO)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary of the Company Subsidiary, including a newly acquired or created Subsidiary, other than a Material IP Subsidiary, to be an Unrestricted Subsidiary ifif it meets the following qualifications:
Appears in 2 contracts
Samples: Second Amendment and Restatement Agreement (Dropbox, Inc.), Amendment and Restatement Agreement (Dropbox, Inc.)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Subsidiary of the Company other than a Designated Subsidiary, including a newly acquired or created Subsidiary, to be an Unrestricted Subsidiary ifif it meets the following qualifications and the designation would not cause a Default:
Appears in 2 contracts
Samples: Supplemental Indenture (Eastman Kodak Co), Supplemental Indenture (Eastman Kodak Co)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors may designate any Unrestricted Subsidiary of the Company to be an Unrestricted a Restricted Subsidiary only if:
Appears in 2 contracts
Samples: Indenture (Global Geophysical Services Inc), Indenture (Global Geophysical Services Inc)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors of the Company may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary if:if that designation would not cause a Default. The Board of Directors of the Company may redesignate any Unrestricted Subsidiary to be a Restricted Subsidiary if the redesignation would not cause a Default.
Appears in 2 contracts
Samples: Supplemental Indenture (Amerisourcebergen Corp), Indenture (Amerisourcebergen Corp)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company may designate any Subsidiary of the Company to be an Unrestricted Subsidiary if:
Appears in 2 contracts
Samples: R H Donnelley Corp, Donnelley R H Inc
Designation of Restricted and Unrestricted Subsidiaries. The (a) From and after the Merger and Release, the Board of Directors of the Company or the Board of Directors of Parent may designate any Subsidiary of the Company to be an Unrestricted Subsidiary if:
Appears in 2 contracts
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors of the Company may designate any Subsidiary of the Company (other than the Issuer) to be an Unrestricted Subsidiary if:
Appears in 1 contract
Samples: Indenture (Energizer Holdings, Inc.)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors of the Company may designate any Subsidiary of the Company to be an Unrestricted Subsidiary if:
Appears in 1 contract
Samples: Indenture (Energizer Holdings, Inc.)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors may designate any (a) Any Restricted Subsidiary of the Company to may be designated by the Board of Directors of the Company as an Unrestricted Subsidiary ifSubsidiary; provided that:
Appears in 1 contract
Samples: Indenture (Moog Inc)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors may designate any Subsidiary of the Company (other than, after a Permitted Issuer Reorganization, the Issuer) to be an Unrestricted Subsidiary if:
Appears in 1 contract
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Restricted Subsidiary of the Company to be as an Unrestricted Subsidiary if:
Appears in 1 contract
Samples: Indenture (UTAC Holdings Ltd.)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors of Holdings may designate any Subsidiary of the Company its Restricted Subsidiaries to be an Unrestricted Subsidiary ifSubsidiary; provided that:
Appears in 1 contract
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors of the Company or the Board of Directors of Parent may designate any Subsidiary of the Company to be an Unrestricted Subsidiary if:
Appears in 1 contract
Samples: Indenture (R H Donnelley Corp)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors of the Company may designate or redesignate any Subsidiary of the Company (other than the Issuer) to be an Unrestricted Subsidiary if:
Appears in 1 contract
Designation of Restricted and Unrestricted Subsidiaries. (a) The Management Board of Directors may designate any Subsidiary of the Company Subsidiary, including a newly acquired or created Subsidiary, to be an Unrestricted Subsidiary ifif it meets the following qualifications:
Appears in 1 contract
Samples: Credit and Guaranty Agreement (AVG Technologies N.V.)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary of the Company Subsidiary, including a newly acquired or created Subsidiary, to be an Unrestricted Subsidiary if:if it meets all of the following qualifications and the designation would not cause a Default.
Appears in 1 contract
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary if:
Appears in 1 contract
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors of the Company may designate any Restricted Subsidiary of the Company to be an Unrestricted Subsidiary if that designation would not cause a Default and only if:
Appears in 1 contract
Samples: Supplemental Indenture (Talen Energy Holdings, Inc.)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary, including an existing Subsidiary of the Company or any newly acquired or created Subsidiary, to be an Unrestricted Subsidiary ifif it meets the following qualifications and the designation would not cause an Event of Default:
Appears in 1 contract
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors Company may designate any Subsidiary of the Company Company, other than an Issuer, to be an Unrestricted Subsidiary if:
Appears in 1 contract
Samples: Junior Lien Intercreditor Agreement (Diamond Offshore Drilling, Inc.)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary of (other than the Company Co-Issuer), including a newly acquired or created Subsidiary, to be an Unrestricted Subsidiary ifif it meets the following qualifications and the designation would not cause a Default:
Appears in 1 contract
Samples: Indenture (J2 Global, Inc.)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors of the Company may designate any Subsidiary of the Company Company, other than FinanceCo, to be an Unrestricted Subsidiary if:
Appears in 1 contract
Samples: Indenture (Valaris LTD)
Designation of Restricted and Unrestricted Subsidiaries. (a) The Board of Directors may designate any Subsidiary of the Company to be an Unrestricted Subsidiary ifif such designation if the Company could make an Investment (other than a Restricted Investment) in such Subsidiary under Section 4.10 hereof to be so designated:
Appears in 1 contract
Samples: Indenture (Orbital Imaging Corp)
Designation of Restricted and Unrestricted Subsidiaries. The Board of Directors may designate any Subsidiary of the Company (including any newly acquired or newly formed Subsidiary) to be an Unrestricted Subsidiary if:
Appears in 1 contract
Samples: MSX International Inc
Designation of Restricted and Unrestricted Subsidiaries. The Board Provide evidence that the board of Directors may designate any Subsidiary directors of the Company Borrower have designated a Restricted Subsidiary to be an Unrestricted Subsidiary; provided that such designation may be made by an officer of the Company with respect to any Subsidiary ifthat is not a Material Domestic Subsidiary or a Material Foreign Subsidiary; provided , further, that:
Appears in 1 contract
Samples: Credit Agreement (Gencorp Inc)
