Grantor Information & Status. (a) on the Closing Date, Schedule 5.1(A) & (B) (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings: (1) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently conducts business, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for the one-year period preceding the date hereof has been, located; (b) on the Closing Date, except as provided on Schedule 5.1(C) (as such schedule may be amended or supplemented from time to time), it has not changed its name, jurisdiction of organization, chief executive office or sole place of business or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not done business under any other name, in each case, within the last year; (c) on the Closing Date, other than in connection with Permitted Liens, it has not within the last year become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor), which has not heretofore been terminated with respect to any such Grantor other than the agreements identified on Schedule 5.1(D) (as such schedule may be amended or supplemented from time to time); and (d) on the Closing Date, such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) solely under the laws of the jurisdiction as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) and remains duly existing as such. Such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction.
Appears in 2 contracts
Samples: Second Lien Credit and Guaranty Agreement (Bz Intermediate Holdings LLC), Pledge and Security Agreement (Boise Inc.)
Grantor Information & Status. (a) on As of the Closing Restatement Date, Schedule 5.1(ASchedules 5.01(A) & and (B) (as such schedule may be amended or supplemented from time to time) sets set forth under the appropriate headings: (1) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently (currently) commonly conducts business, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for (or the one-year period preceding the date hereof has been, principal residence if such Grantor is a natural person) is located;.
(b) on the Closing Date, except Except as provided on Schedule 5.1(C) (5.01(C), as such schedule may be amended or supplemented from time to time)of the Restatement Date, it has not changed its name, jurisdiction of organization, chief executive office or sole place of business (or principal residence if such Grantor is a natural person) or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not commonly done business under any other name, in each case, within the last year;past five (5) years.
(c) on the Closing Date, other than in connection with Permitted Liens, it It has not within the last year five (5) years become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor)Person, which has not heretofore been terminated with respect to any such Grantor other than the agreements identified on Schedule 5.1(D5.01(D) hereof (as such schedule Schedule may be amended or supplemented from time to time); and.
(d) on As of the Closing Restatement Date, such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time5.01(A) solely under the laws of the jurisdiction as set forth opposite such Grantor’s name on Schedule 5.1(A5.01(A) (and, except as such schedule may be amended or supplemented from time to time) and permitted by the Credit Agreement, remains duly existing as such. Such Except as permitted by the Credit Agreement, such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction.
(e) No Grantor is a “transmitting utility” (as defined in Section 9-102(a)(81) of the UCC).
Appears in 2 contracts
Samples: Refinancing Amendment (Hologic Inc), Refinancing Amendment (Hologic Inc)
Grantor Information & Status. (a) on the Closing Date, Schedule 5.1(A) & (B) (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings: (1) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently conducts business, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for (or the one-year period preceding the date hereof has been, principal residence if such Grantor is a natural person) is located;
(b) on the Closing Date, except as provided on Schedule 5.1(C) (as such schedule may be amended or supplemented from time to time), it has not changed its name, jurisdiction of organization, chief executive office or sole place of business (or principal residence if such Grantor is a natural person) or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not done business under any other name, in each case, within the last yearpast five (5) years;
(c) on the Closing Date, other than in connection with Permitted Liens, it has not within the last year five (5) years become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor)Person, which has not heretofore been terminated (other than with respect to any such Grantor other than security agreement that is permitted by the agreements identified on Schedule 5.1(D) (as such schedule may be amended or supplemented from time to timeParity Lien Documents); and;
(d) on the Closing Date, such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) solely under the laws of the jurisdiction as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) and remains duly existing as such. Such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction; and
(e) no Grantor is a “transmitting utility” (as defined in Section 9-102(a)(80) of the UCC).
Appears in 1 contract
Samples: Pledge and Security Agreement (Goodman Networks Inc)
Grantor Information & Status. (a) on the Closing Date, Schedule 5.1(A) & (B) (as such schedule may be amended or supplemented from time to timetime with written notice to the Collateral Agent) sets forth under the appropriate headings: (1) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently conducts business, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for (or the one-year period preceding the date hereof has been, principal residence if such Grantor is a natural person) is located;.
(b) on the Closing Date, except as provided on Schedule 5.1(C) ), (as such schedule may be amended or supplemented from time to time), time with written notice to the Collateral Agent) it has not changed its name, jurisdiction of organization, chief executive office or sole place of business (or principal residence if such Grantor is a natural person) or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not done business under any other name, in each case, within the last yearfive (5) years preceding the Closings Date or if such Grantor becomes a Grantor on a date after the Closing Date, five (5) years preceding such date;
(c) on the Closing Date, other than in connection with Permitted Liens, it has not within the last year five (5) years become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor)Person, which has not heretofore been terminated with respect to any such Grantor other than the agreements identified on Schedule 5.1(D) hereof (as such schedule may be amended or supplemented from time to time); and;
(d) on the Closing Date, such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to timetime with written notice to the Collateral Agent) solely under the laws of the jurisdiction as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) and remains duly existing as such. Such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction; and
(e) no Grantor is a “transmitting utility” (as defined in Section 9-102(a)(80) of the UCC).
Appears in 1 contract
Grantor Information & Status. (a) on the Closing Date, Schedule 5.1(A) & (B) (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings: (1) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently conducts business, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for (or the one-year period preceding the date hereof has been, principal residence if such Grantor is a natural person) is located;.
(b) on the Closing Date, except Except as provided on Schedule 5.1(C) (as such schedule may be amended or supplemented from time to time), it has not changed its name, jurisdiction of organization, chief executive office or sole place of business (or principal residence if such Grantor is a natural person) or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not done business under any other name, in each case, within the last year;past five (5) years.
(c) on the Closing Date, other than in connection with Permitted Liens, it It has not within the last year five (5) years become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor)Person, which has not heretofore been terminated with respect to any such Grantor other than the agreements identified on Schedule 5.1(D) hereof (as such schedule may be amended or supplemented from time to time); and.
(d) on the Closing Date, such Such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) solely under the laws of the jurisdiction as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) and remains duly existing as such. Such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction.
(e) No Grantor is a “transmitting utility” (as defined in Section 9-102(a)(80) of the UCC).
Appears in 1 contract
Grantor Information & Status. (a) on the Closing Date, Schedule 5.1(A) & (B) (as such schedule may be amended or supplemented from time to timetime without any action by or consent from the Notes Collateral Agent) sets forth under the appropriate headings: (1) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently conducts business, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for (or the one-year period preceding the date hereof has been, principal residence if such Grantor is a natural person) is located;
(b) on the Closing Date, except as provided on Schedule 5.1(C) (as such schedule may be amended or supplemented from time to timetime without any action by or consent from the Notes Collateral Agent), it has not changed its name, jurisdiction of organization, chief executive office or sole place of business (or principal residence if such Grantor is a natural person) or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not done business under any other name, in each case, within the last yearpast five (5) years;
(c) on the Closing Date, other than in connection with Permitted Liens, it has not within the last year five (5) years become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor)Person, which has not heretofore been terminated with respect to any such Grantor other than the agreements identified on Schedule 5.1(D) hereof (as such schedule may be amended or supplemented from time to timetime without any action by or consent from the Notes Collateral Agent); and;
(d) on the Closing Date, such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) solely under the laws of the jurisdiction as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) and remains duly existing as such. Such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction; and
(e) no Grantor is a “transmitting utility” (as defined in Section 9-102(a)(80) of the UCC).
Appears in 1 contract
Samples: Pledge and Security Agreement (Global Brass & Copper Holdings, Inc.)
Grantor Information & Status. (a) on the Closing Date, Schedule 5.1(A) & and (B) (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings: (1) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently conducts business, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for (or the one-year period preceding the date hereof has been, principal residence if such Grantor is a natural person) is located;
(b) on the Closing Date, except as provided on Schedule 5.1(C) (as such schedule may be amended or supplemented from time to time), it has not changed its name, jurisdiction of organization, chief executive office or sole place of business (or principal residence if such Grantor is a natural person) or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not done business under any other name, in each case, within the last yearpast three (3) years;
(c) on the Closing Date, other than in connection with Permitted Liens, it has not within the last year three (3) years become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor)Person, which has not heretofore been terminated with respect to any such Grantor other than the agreements identified on Schedule 5.1(D) hereof (as such schedule may be amended or supplemented from time to time); and;
(d) on the Closing Date, such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) solely under the laws of the jurisdiction as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) and remains duly existing as such. Such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction, except in the case of Ethex, such certificates of dissolution and other documentation filed in accordance with the terms of Section 6.8(g) of the Credit Agreement; and
(e) no Grantor is a “transmitting utility” (as defined in Section 9-102(a)(80) of the UCC).
Appears in 1 contract
Samples: Pledge and Security Agreement (Kv Pharmaceutical Co /De/)
Grantor Information & Status. (a) on the Closing Date, Schedule 5.1(A5.I(A) & (B) (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings: (1I) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently conducts businessbusiness in the United States, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for (or the one-year period preceding the date hereof has been, principal residence if such Grantor is a natural person) is located;.
(b) on the Closing Date, except as provided on Schedule 5.1(C) 5.1 (as such schedule may be amended or supplemented from time to timeC), it has not changed its name, jurisdiction of organization, chief executive office or sole place of business or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not done business under any other name, in each case, within the last yearpast five (5) years;
(c) except as set forth on Schedule 6.2 to the Closing Date, other than in connection with Permitted LiensCredit Agreement, it has not within the last year five (5) years become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor)Person, which has not heretofore been terminated with respect to any such Grantor other than the agreements identified on Schedule 5.1(D5.l(D) hereof (as such schedule may be amended or supplemented from time to time); and;
(d) on the Closing Date, such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s 's name on Schedule 5.1(A) 5.1 (as such schedule may be amended or supplemented from time to timeA) solely under the laws of the jurisdiction as set forth opposite such Grantor’s 's name on Schedule 5.1(A) 5.1 (as such schedule may be amended or supplemented from time to timeA) and remains duly existing as such. Such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction; and
(e) no Grantor is a "transmitting utility" (as defined in Section 9-1 02(a)(80) of the UCC).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (AbitibiBowater Inc.)
Grantor Information & Status. (a) on the Closing Date, Schedule 5.1(A) & (B) (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings: (1) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently conducts business, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for (or the one-year period preceding the date hereof has been, principal residence if such Grantor is a natural person) is located;.
(b) on the Closing Date, except as provided on Schedule 5.1(C) (as such schedule may be amended or supplemented from time to time), it has not changed its name, jurisdiction of organization, chief executive office or sole place of business (or principal residence if such Grantor is a natural person) or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not done business under any other name, in each case, within the last yearpast five (5) years;
(c) on the Closing Date, other than in connection with Permitted Liens, it has not within the last year five (5) years become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor)Person, which has not heretofore been terminated with respect to any such Grantor other than the agreements identified on Schedule 5.1(D) hereof (as such schedule may be amended or supplemented from time to time); and;
(d) on the Closing Date, such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) solely under the laws of the jurisdiction as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time) and remains duly existing as such. Such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction; and
(e) no Grantor is a “transmitting utility” (as defined in Section 9-102(a)(80) of the UCC).
Appears in 1 contract
Grantor Information & Status. (a) on As of the Closing Date, Schedule 5.1(ASchedules 5.01(A) & and (B) (as such schedule may be amended or supplemented from time to time) sets set forth under the appropriate headings: (1) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently (currently) commonly conducts business, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for (or the one-year period preceding the date hereof has been, principal residence if such Grantor is a natural person) is located;.
(b) on the Closing Date, except Except as provided on Schedule 5.1(C) (5.01(C), as such schedule may be amended or supplemented from time to time)of the Closing Date, it has not changed its name, jurisdiction of organization, chief executive office or sole place of business (or principal residence if such Grantor is a natural person) or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not commonly done business under any other name, in each case, within the last year;past five (5) years.
(c) on the Closing Date, other than in connection with Permitted Liens, it It has not within the last year five (5) years become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor)Person, which has not heretofore been terminated with respect to any such Grantor other than the agreements identified on Schedule 5.1(D5.01(D) hereof (as such schedule Schedule may be amended or supplemented from time to time); and.
(d) on As of the Closing Date, such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s name on Schedule 5.1(A) (as such schedule may be amended or supplemented from time to time5.01(A) solely under the laws of the jurisdiction as set forth opposite such Grantor’s name on Schedule 5.1(A5.01(A) (and, except as such schedule may be amended or supplemented from time to time) and permitted by the Credit Agreement, remains duly existing as such. Such Except as permitted by the Credit Agreement, such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction.
(e) No Grantor is a “transmitting utility” (as defined in Section 9-102(a)(81) of the UCC).
Appears in 1 contract
Grantor Information & Status. (a) on the Closing Date, Schedule 5.1(A) & (B) (as such schedule may be amended or supplemented from time to time) sets forth under the appropriate headings: (1) the full legal name of such Grantor, (2) all trade names or other names under which such Grantor currently conducts business, (3) the type of organization of such Grantor, (4) the jurisdiction of organization of such Grantor, (5) its organizational identification number, if any, and (6) the jurisdiction where the chief executive office or its sole place of business is, and for (or the one-year period preceding the date hereof has been, principal residence if such Grantor is a natural person) is located;.
(b) on the Closing Date, except as provided on Schedule 5.1(C) 5.1 (as such schedule may be amended or supplemented from time to timeC), it has not changed its name, jurisdiction of organization, chief executive office or sole place of business or its corporate structure in any way (e.g., by merger, consolidation, change in corporate form or otherwise) and has not done business under any other name, in each case, within the last yearpast five (5) years;
(c) except as set forth on Schedule 6.2 to the Closing Date, other than in connection with Permitted LiensCredit Agreement, it has not within the last year five (5) years become bound (whether as a result of merger or otherwise) as debtor under a security agreement entered into by another Person (other than another Grantor)Person, which has not heretofore been terminated with respect to any such Grantor other than the agreements identified on Schedule 5.1(D) hereof (as such schedule may be amended or supplemented from time to time); and;
(d) on the Closing Date, such Grantor has been duly organized and is validly existing as an entity of the type as set forth opposite such Grantor’s 's name on Schedule 5.1(A) 5.1 (as such schedule may be amended or supplemented from time to timeA) solely under the laws of the jurisdiction as set forth opposite such Grantor’s 's name on Schedule 5.1(A) 5.1 (as such schedule may be amended or supplemented from time to timeA) and remains duly existing as such. Such Grantor has not filed any certificates of dissolution or liquidation, any certificates of domestication, transfer or continuance in any other jurisdiction; and
(e) no Grantor is a "transmitting utility" (as defined in Section 9-102(a)(80) of the UCC).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (AbitibiBowater Inc.)