Limitation on Guarantees by Restricted Subsidiaries Sample Clauses

Limitation on Guarantees by Restricted Subsidiaries. The Company will not cause or permit any of its Restricted Subsidiaries, directly or indirectly, to guarantee any Indebtedness of the Company (“Guaranteed Indebtedness”), unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture to this Indenture pursuant to which such Restricted Subsidiary guarantees, jointly and severally with all other Guarantors, on the same basis as such Guaranteed Indebtedness is guaranteed, all of the Company’s obligations with respect to the Notes. If the Guaranteed Indebtedness is (x) pari passu with the Notes, then the guarantee of such Guaranteed Indebtedness shall be pari passu with, or subordinated to, the Note Guarantee or (y) subordinated to the Notes, then the guarantee of such Guaranteed Indebtedness shall be subordinated to the Note Guarantee at least to the extent that the Guaranteed Indebtedness is subordinated to the Notes. The Company shall deliver to the Trustee an opinion of counsel that such supplemental indenture has been duly authorized, executed and delivered by such Restricted Subsidiary and, subject to customary exceptions, constitutes a valid and legally binding and enforceable obligation of such Restricted Subsidiary.
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Limitation on Guarantees by Restricted Subsidiaries. The Company will not permit any Restricted Subsidiary, directly or indirectly, to assume, guarantee or in any other manner become liable with respect to any Indebtedness of the Company or any Guarantor, (excluding any Guarantee of a Restricted Subsidiary which constitutes Acquired Indebtedness of such Subsidiary so long as such Guarantee does not apply to any other Indebtedness of the Company and its Restricted Subsidiaries not acquired pursuant to the respective acquisition or merger) unless such Restricted Subsidiary is a Guarantor or simultaneously executes and delivers a supplemental indenture providing for the guarantee of payment of the Notes by such Restricted Subsidiary in accordance with Article Ten of this Indenture; provided, however, that a Restricted Subsidiary may guarantee the Company's obligations under any Senior Indebtedness without executing and delivering such supplemental indenture or guaranteeing the Notes; provided, further, that in the case of any guarantee of any Guarantor with respect to Senior Subordinated Indebtedness, the guarantee of the payment of the Notes by such Guarantor to be provided in accordance herewith shall be pari passu with the guarantee with respect to such Senior Subordinated Indebtedness in the same manner and to the same extent as the Senior Subordinated Indebtedness is guaranteed. Each guarantee created pursuant to the provisions described above is referred to as a "Guarantee" and the issuer of each such Guarantee, so long as the Guarantee remains outstanding, is referred to as a "Guarantor." Notwithstanding the foregoing, in the event that a Guarantor is released from all obligations which pursuant to the first sentence of the preceding paragraph obligate it to become a Guarantor, such Guarantor shall be released from all obligations under its Guarantee (provided that the provisions of the first sentence of the preceding paragraph shall apply anew in the event that such Guarantor subsequent to being released incurs any obligations that pursuant to such sentence obligate it to become a Guarantor). In addition, upon any sale or disposition (by merger or otherwise) of any Guarantor by the Company or a Restricted Subsidiary of the Company to any person that is not a Restricted Subsidiary or a holder, directly or indirectly, of any Capital Stock of the Company or any of its Restricted Subsidiaries which is otherwise in compliance with the terms of the Indenture, such Guarantor will be deemed to be released from ...
Limitation on Guarantees by Restricted Subsidiaries. (a) From and after the Issue Date, the Company will not permit any Wholly Owned Domestic Restricted Subsidiary (other than the Issuer, a Guarantor or an Immaterial Subsidiary) to, directly or indirectly, by way of the pledge of any intercompany note or otherwise, to assume, guarantee or in any other manner become liable with respect to any Indebtedness of the Company or the Issuer, other than:
Limitation on Guarantees by Restricted Subsidiaries. The Company shall not permit any of its Domestic Restricted Subsidiaries that is not a Guarantor (whether formed or acquired before or after the Issue Date), directly or indirectly, by way of the pledge of any intercompany note or otherwise, to assume, guarantee or in any other manner become liable with respect to any Indebtedness of the Company (other than: (1) Indebtedness under Currency Agreements in reliance on clause (5) of the definition of Permitted Indebtedness; or (2) Interest Swap Obligations incurred in reliance on clause (4) of the definition of Permitted Indebtedness), unless, in any such case:
Limitation on Guarantees by Restricted Subsidiaries. The Company will not permit any of its Restricted Subsidiaries (including a newly created or acquired one), directly or indirectly, to Guarantee any Indebtedness of the Company or any Restricted Subsidiary (“Guaranteed Indebtedness”), unless:
Limitation on Guarantees by Restricted Subsidiaries. (a) The Company shall not cause or permit any of its Restricted Subsidiaries, directly or indirectly, to guarantee the payment of any Indebtedness of the Company (other than to the extent such Restricted Subsidiary is a co-borrower with respect to Indebtedness permitted pursuant to clause (c) of Section 3.10), which, in the aggregate, together with all other Indebtedness of the Company that is guaranteed by Restricted Subsidiaries, exceeds $35.0 million, unless such Restricted Subsidiary of the Company executes and delivers within ten Business Days a supplemental indenture to this Indenture providing for the guarantee of payment of the Securities by such Restricted Subsidiary of the Company pursuant to Article X; provided that any guarantee by a Subsidiary Guarantor of such other Indebtedness:
Limitation on Guarantees by Restricted Subsidiaries. (a) The Company shall not cause or permit any of its Restricted Subsidiaries, directly or indirectly, to guarantee the payment of any Indebtedness of the Company, which, in the aggregate, together with all other Indebtedness of the Company that is guaranteed by Restricted Subsidiaries, does not exceed $35.0 million, unless such Restricted Subsidiary of the Company simultaneously executes and delivers a supplemental indenture to the Indenture providing for the guarantee of payment of the Securities by such Restricted Subsidiary of the Company; provided that any guarantee by a Subsidiary Guarantor of such other Indebtedness:
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Limitation on Guarantees by Restricted Subsidiaries. Section 4.14. Corporate Existence
Limitation on Guarantees by Restricted Subsidiaries. (a) The Company shall not cause or permit any of its Wholly Owned Domestic Subsidiaries, directly or indirectly, to guarantee the payment of any Indebtedness of the Company, nor cause or permit any of its non-Wholly Owned Domestic Subsidiaries to guarantee the payment of any capital markets Indebtedness of the Company, that, in the aggregate, together with all other Indebtedness of the Company that is guaranteed by Restricted Subsidiaries, exceeds $35.0 million, unless such Domestic Subsidiary
Limitation on Guarantees by Restricted Subsidiaries. The Issuer will not permit any of its Domestic Restricted Subsidiaries (unless such Restricted Subsidiary is an Excluded Subsidiary or a Guarantor) to guarantee the payment of (i) any syndicated Credit Facility incurred under Section 4.06(b)(1) or (ii) capital market debt securities of the Issuer or any Guarantor in an aggregate principal amount in excess of $150.0 million unless:
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