Future Subsidiaries; Further Assurances. The Company will from time to time cause any Subsidiary (other than (x) an Immaterial Subsidiary or (y) a Foreign Subsidiary that does not constitute a Material Foreign Subsidiary) within 30 days (provided that, in the case of a Foreign Subsidiary, the Company shall be permitted such additional time as may be reasonably necessary to effectuate the purposes of this Section 10.09 provided the Company is diligently pursuing the same) after any such Person (a) in the case of a Domestic Subsidiary, ceases to be an Immaterial Subsidiary or (b) in the case of a Foreign Subsidiary, becomes a Material Foreign Subsidiary (or, to the extent applicable under clauses (a)(ii) or (b)(ii) of the definition of “Material Foreign Subsidiary”, is designated to become a Guarantor), to join this Agreement as a Guarantor and to join the Security Agreement as an Obligor pursuant to a joinder agreement in form and substance reasonably satisfactory to the Administrative Agent; provided, however, that in the event such a Subsidiary is prohibited by any valid law, statute, rule or regulation from guaranteeing the Obligations, or if such a guarantee by any Material Foreign Subsidiary would result in a repatriation of foreign earnings under the Code (including the “deemed dividend” provisions of section 956 of the Code), (i) such guarantee will be limited to the extent necessary to comply with such prohibition or to prevent such repatriation of foreign earnings or (ii) if such limitation on the guaranteed amount is not sufficient to avoid such prohibition or repatriation, no such guarantee shall be required. Each Guarantor will, promptly upon the request of the Administrative Agent from time to time, execute, acknowledge and deliver, and file and record, all such instruments, and take all such action, including providing a legal opinion with respect to its guarantee and grant of security interests, as the Administrative Agent deems necessary or advisable to carry out the intent and purposes of this Section 10.09.
Future Subsidiaries; Further Assurances. The Company will from time to time cause (a) any present Wholly Owned Subsidiary that is not a Guarantor within 30 days after notice from the Agent or (b) any future Wholly Owned Subsidiary within 30 days after any such Person becomes a Wholly Owned Subsidiary, to join this Agreement as a Guarantor pursuant to a joinder agreement in form and substance satisfactory to the Agent. Each Guarantor will, promptly upon the request of the Agent from time to time, execute, acknowledge and deliver, and file and record, all such instruments, and take all such action, as the Agent deems necessary or advisable to carry out the intent and purposes of this Section 9.
Future Subsidiaries; Further Assurances. The Borrower and each Guarantor shall from time to time cause any present or future Subsidiary not designated as an Excluded Company to join this Agreement as a Restricted Company and a Guarantor pursuant to a joinder agreement in form and substance reasonably satisfactory to the Administrative Agent. Each Guarantor will, promptly upon the request of the Administrative Agent from time to time, execute, acknowledge and deliver, and file and record, all such instruments, and take all such action, as the Administrative Agent reasonably deems necessary or advisable to carry out the intent and purposes of this Section 6.
Future Subsidiaries; Further Assurances. Each Borrower will from time to time cause (a) any present Wholly Owned Subsidiary that is not a Guarantor within 30 days after notice from the Agent or (b) any future Wholly Owned Subsidiary within 30 days after any such Person becomes a Wholly Owned Subsidiary, to join this Agreement as a Borrower and a Guarantor pursuant to a joinder agreement in the form attached hereto as Exhibit 5.
Future Subsidiaries; Further Assurances. The Company will from time to time cause (a) any present Wholly Owned Subsidiary that is not a Guarantor within 30 days after notice from the Agent or (b) any future Wholly Owned Subsidiary within 30 days after any such Person becomes a Wholly Owned Subsidiary, to join this Agreement as a Guarantor pursuant to a joinder agreement in form and substance satisfactory to the Agent; provided, however, that in the event such a Wholly Owned Subsidiary is prohibited by any valid law, statute, rule or regulation from guaranteeing the Credit Obligations, such guarantee will be limited to the extent necessary to comply with such prohibition. Each Guarantor will, promptly upon the request of the Agent from time to time, execute, acknowledge and deliver, and file and record, all such instruments, and take all such action, as the Agent deems necessary or advisable to carry out the intent and purpose of this Section 2.
Future Subsidiaries; Further Assurances. The Company will from time to time cause (a) any present Wholly Owned Subsidiary that is not a Guarantor within 30 days after notice from the Majority Holders or (b) any future Wholly Owned Subsidiary within 30 days after any such Person becomes a Wholly Owned Subsidiary, to join this Agreement as a Guarantor pursuant to a joinder agreement in form and substance satisfactory to the Majority Holders. Each Guarantor will, promptly upon the request of the Majority Holders from time to time, execute, acknowledge and deliver, and file and record, all such instruments, and take all such action, as the Majority Holders deem necessary or advisable to carry out the intent and purposes of this paragraph 11.
Future Subsidiaries; Further Assurances. (a) As soon as practicable but in any event within thirty (30) days following the acquisition or creation (by division or otherwise) of any Subsidiary (other than an Excluded Subsidiary), or the time any existing Excluded Subsidiary ceases to be an Excluded Subsidiary (or such longer period as the Agent may approve in its sole discretion), cause to be delivered to the Agent each of the following, as applicable:
(i) a Joinder Agreement duly executed by such Subsidiary and Agent pursuant to which such Subsidiary shall become a Guarantor (or, with the consent of the Agent if such Subsidiary is to own any assets of the type included in the Borrowing Base, a Debtor hereunder, unless such Person is an Regulated Guarantor) attaching an updated copy of Schedule 4.12 (which shall amend and replace Schedule 4.12 upon the execution of such Joinder Agreement), which Joinder Agreement shall be accompanied by executed counterparts of each other Credit Document reasonably requested by the Agent, including all documents reasonably requested to establish and preserve the Lien of the Agent in all Collateral of such Subsidiary (unless such Person is an Regulated Guarantor);
(ii) (A) for any Person that is not an Regulated Guarantor, (I) Uniform Commercial Code financing statements naming such Person as debtor and naming the Agent as secured party, in form, substance and number sufficient in the reasonable opinion of the Agent and its counsel to be filed in all Uniform Commercial Code filing offices and in all jurisdictions in which filing is necessary to perfect in favor of the Agent for the benefit of the Secured Parties the Lien on the Collateral conferred hereunder to the extent such Lien may be perfected by Uniform Commercial Code filing, (II) pledge agreements, control agreements, documents and original collateral (including tangible original Investment Property) and such other documents and agreements as may be reasonably required by the Agent, all as necessary to establish and maintain a valid, perfected security interest in all Collateral in which such Subsidiary has an interest consistent with the terms of the Credit Documents and (B) customary legal opinions, certificates, certified organizational documents, lien searches and other documentation as the Agent may request;
Future Subsidiaries; Further Assurances. If, at any time after the date hereof, any Person becomes a Subsidiary of the Company, then the Company will, within five Business Days after such Person becomes a Subsidiary of the Company, cause such Person to join this Agreement as a Guarantor and a Pledgor, in each case pursuant to a joinder agreement in form and substance reasonably satisfactory to the Required Lenders; provided, however, that if such Person becomes a Subsidiary of Doe Run Peru, then such Person will not be required to join this Agreement as a Pledgor. Each of the Guarantors and the Pledgors will, promptly upon the request of the Agent from time to time, execute, acknowledge and deliver, and file and record, all such instruments, and take all such action, as the Agent deems reasonably necessary or advisable to carry out the intent and purpose of this Agreement.
Future Subsidiaries; Further Assurances. The Company will from time to time cause (a) any present Wholly Owned Subsidiary that is not a Guarantor or an Immaterial Subsidiary within 30 days after notice from the Agent or (b) any future Wholly Owned Subsidiary that is not an Immaterial Subsidiary within 30 days after any such Person becomes a Wholly Owned Subsidiary, to join this Agreement as a Guarantor and to join the Security Agreement as an Obligor pursuant to a joinder agreement in form and substance reasonably satisfactory to the Agent; provided, however, that in the event such a Wholly Owned Subsidiary is prohibited by any valid law, statute, rule or regulation from guaranteeing the Credit Obligations, or if such a guarantee by any Foreign Subsidiary would result in a repatriation of a material amount of foreign earnings under the Code (including the "deemed dividend" provisions of section 956 of the Code), (i) such guarantee will be limited to the extent necessary to comply with such prohibition or to prevent such repatriation of foreign earnings or (ii) if such limitation on the guaranteed amount is not sufficient to avoid such prohibition or repatriation, no such guarantee shall be required. Each Guarantor will, promptly upon the request of the Agent from time to time, execute, acknowledge and deliver, and file and record, all such instruments, and take all such action, including providing a legal opinion with respect to its guarantee and grant of security interests, as the Agent deems necessary or advisable to carry out the intent and purposes of this Section 9.9.
Future Subsidiaries; Further Assurances. 61 6.11. RELEASE OF GUARANTOR . . . . . . . . . . . . . . . . . . . . . . . . . 61
