Investments by Subsidiaries. For purposes of determining the amount of Investments owned by a company under Question 3.1(b)(2) and (4) above, there may be included Investments owned by majority-owned subsidiaries of the company and Investments owned by a company (“Parent Company”) of which the company is a majority-owned subsidiary, or by a majority-owned subsidiary of the company and other majority-owned subsidiaries of the Parent Company.
Investments by Subsidiaries of the Borrower that are not Credit Parties in a Credit Party (other than Holdings) as long as, to the extent such Investments consist of extensions of credit, such obligations are subordinated to the Obligations on terms and pursuant to documentation reasonably satisfactory to Agent;
Investments by Subsidiaries. For purposes of determining the amount of Investments owned by a company under section 2(a)(51)(A)(iv) of the Act [15 U.S.C. 80a–2(a)(51)(A)(iv)], there may be included Investments owned by majority-owned subsidiaries of the company and Investments owned by a company (‘‘Parent Company’’) of which the company is a majority-owned sub- sidiary, or by a majority-owned sub- sidiary of the company and other ma- jority-owned subsidiaries of the Parent Company.
Investments by Subsidiaries owning PG Assets used for the repair, maintenance and improvement of PG Assets and the related equipment to the extent that the aggregate cost thereof does not exceed the PG Indebtedness;
Investments by Subsidiaries of the Borrower in other Subsidiaries of the Borrower and in the Borrower;
Investments by Subsidiaries. For purposes of determining the amount of Investments owned by a company under “Qualified Purchaser” in the Investor Eligibility section above, there may be included Investments owned by majority-owned subsidiaries of the company and Investments owned by a company (“Parent Company”) of which the company is a majority-owned subsidiary, or by a majority-owned subsidiary of the company and other majority-owned subsidiaries of the Parent Company.
Investments by Subsidiaries. For purposes of determining the amount of Investments owned by a company, there may be included Investments owned by majority-owned subsidiaries of the company and Investments owned by a company (“Parent Company”) of which the company is a majority-owned subsidiary, or by a majority-owned subsidiary of the company and other majority-owned subsidiaries of the Parent Company. EXHIBIT D [****] EXHIBIT E [****] EXHIBIT F FORM OF CERTIFICATE OF FORMATION OF THE SURVIVING ENTITY CERTIFICATE OF FORMATION OF PORTAGE MERGER SUB 2, LLC
Investments by Subsidiaries. Such Borrower shall not permit any of its Subsidiaries that (x) is not a Borrower or a Guarantor and (y) is a direct or indirect parent of CD&R Channel, to own Capital Stock in any Portfolio Company (as such term is defined in the limited partnership agreement of the CD&R Guarantor) other than the investment contemplated by the Investment Agreement and any further direct or indirect investments in the Issuer and/or any successor or Subsidiary of either of the foregoing.
Investments by Subsidiaries. The amount of Investments owned by the Subscriber for purposes of Category (D) of Section L of the Investor Questionnaire may include otherwise qualifying Investments owned by the Subscriber’s majority-owned subsidiaries and otherwise qualifying Investments owned by a “company” (“Parent Entity”) of which the Subscriber is a majority-owned subsidiary, or by a majority-owned subsidiary of the Subscriber and other majority-owned subsidiaries of the Parent Entity. 11 Any contract market designated for trading such transactions under the Commodity Exchange Act and the rules thereunder or any board of trade or exchange outside the United States, as contemplated in Part 10 of the rules under the Commodity Exchange Act.
Investments by Subsidiaries. The amount of Investments owned by the undersigned for purposes of Category (D) may include otherwise qualifying Investments owned by the undersigned's majority-owned subsidiaries and otherwise qualifying Investments owned by a "company"' ("Parent Entity") of which undersigned is a majority-owned subsidiary, or by a majority-owned subsidiary of the undersigned and other majority-owned subsidiaries of the Parent Entity. The foregoing representations contained in this certificate are true and accurate as of the date of this certificate and will be true and accurate as of the Closing Time and the Subscriber acknowledges that this Certification of U.S. Purchaser is incorporated into and forms a part of the Subscription Agreement to which it is attached. If any such representations shall not be true and accurate prior to the Closing Time, the undersigned shall give immediate written notice of such fact to the Corporation prior to the Closing Time. DATED: INVESTOR: (Print Full Name of Entity or Individual) By: (Signature) Name: (If signing on behalf of entity) Title: (If signing on behalf of entity) PLAN INVESTOR REPRESENTATIONS This exhibit is applicable only to Investors who are “Plan Investors”: (1) U.S. pension or other employee benefit plans subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (such as corporate retirement plans); (2) U.S. plans or accounts subject to Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”) (such as IRAs or Keoghs); (3) entities deemed to hold “plan assets” of the plans described in the preceding Items 1-2 (such as certain funds that manage ERISA assets); or (4) fiduciaries that otherwise manage or handle the assets of any of the plans or entities described in Items 1-3. Do not complete this exhibit if you are not a Plan Investor. The Plan Investor hereby represents and warrants as follows: 1. The Plan Investor is, or is acting on behalf of: (i) an “employee benefit plan” within the meaning of Section 3(3) of U.S. Employee Retirement Income Security Act of 1974, as amended (“ERISA”), that is subject to Title I of ERISA; (ii) a “plan” within the meaning of Section 4975(e)(1) of the Internal Revenue Code that is subject to Section 4975 of the Internal Revenue Code; or (iii) any other entity or account that is deemed under applicable law to hold the assets of a plan described in (i) or (ii) ☐ Yes ☐ No
