Limitations on Unrestricted Subsidiaries. The Company may designate after the initial Issue Date any Subsidiary as an "Unrestricted Subsidiary" under this Indenture (a "Designation") only if:
(a) no Default shall have occurred and be continuing at the time of or after giving effect to such Designation;
(b) the Company would be permitted to make an Investment (other than a Permitted Investment) at the time of Designation (assuming the effectiveness of such Designation) pursuant to paragraph (a) of Section 1009 herein in an amount (the "Designation Amount") equal to the greater of (1) the net book value of the Company's interest in such Subsidiary calculated in accordance with GAAP or (2) the Fair Market Value of the Company's interest in such Subsidiary as determined in good faith by the Company's Board of Directors;
(c) the Company would be permitted under this Indenture to incur $1.00 of additional Indebtedness (other than Permitted Indebtedness) pursuant to Section 1008 at the time of such Designation (assuming the effectiveness of such Designation);
(d) such Unrestricted Subsidiary does not own any Capital Stock in any Restricted Subsidiary of the Company which is not simultaneously being designated an Unrestricted Subsidiary;
(e) such Unrestricted Subsidiary is not liable, directly or indirectly, with respect to any Indebtedness other than Unrestricted Subsidiary Indebtedness, provided that an Unrestricted Subsidiary may provide a Guarantee for the Securities; and
(f) such Unrestricted Subsidiary is not a party to any agreement, contract, arrangement or understanding at such time with the Company or any Restricted Subsidiary unless the terms of any such agreement, contract, arrangement or understanding are no less favorable to the Company or such Restricted Subsidiary than those that might be obtained at the time from Persons who are not Affiliates of the Company or, in the event such condition is not satisfied, the value of such agreement, contract, arrangement or understanding to such Unrestricted Subsidiary shall be deemed a Restricted Payment. In the event of any such Designation, the Company shall be deemed to have made an Investment constituting a Restricted Payment pursuant to Section 1009 for all purposes of this Indenture in the Designation Amount. The Company shall not and shall not cause or permit any Restricted Subsidiary to at any time (x) provide credit support for, or subject any of its property or assets (other than the Capital Stock of any Unrestricted Subsidiary) to the satis...
Limitations on Unrestricted Subsidiaries. The Company will not make, and will not permit its Subsidiaries to make, any Investment in Unrestricted Subsidiaries if, at the time thereof, the aggregate amount of such Investments would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 1009. Any Investments in Unrestricted Subsidiaries permitted to be made pursuant to this covenant (i) will be treated as a Restricted Payment in calculating the amount of Restricted Payments made by the Company and (ii) may be made in cash or property.
Limitations on Unrestricted Subsidiaries. Except for Investments made pursuant to clause (viii) or (ix) of the definition of Permitted Investments, the Company will not make, and will not permit its Subsidiaries to make, an Investment in Unrestricted Subsidiaries if, at the time thereof, the aggregate amount of such Investments would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 10.9. Except for Investments made pursuant to clause (viii) or (ix) of the definition of Permitted Investments, any Investment in Unrestricted Subsidiaries permitted to be made pursuant to this covenant (i) must be permitted to be made pursuant to Section 10.9 and will be treated as a Restricted Payment in calculating the amount of Restricted Payments made by the Company under such Section, and (ii) may be made in cash or property.
Limitations on Unrestricted Subsidiaries. Borrower shall not, permit Parent or any of its Subsidiaries that are not members of the Borrower Group, to be party to any contract, lease or other agreement which is, or own any assets which are, material to the business, assets, operations, results of operations or condition (financial or otherwise) of any member of the Borrower Group, other than:
(i) any contract pursuant to which any member of the Borrower Group is also a party if such contract provides that all rights and benefits (including the right to receive payments) provided to such member of the Borrower Group party thereto shall run in favor of only the member of the Borrower Group party thereto (and that the Parent or any Unrestricted Subsidiary shall have no right, title or interest in or to any such right or benefit);
(ii) any contract that is a guarantee of the obligations of any member of the Borrower Group under any contract to which it is a party; and
(iii) any contract or other agreement in respect of the issuance by the Parent of its Equity Interests or debt securities, agreements in respect of Indebtedness or the issuance of equity of, or the contribution of capital to, any member of the Borrower Group, to the extent that such contract or other agreement is not otherwise prohibited by this Agreement or any of the other Loan Documents.
Limitations on Unrestricted Subsidiaries. 105 10.17. Provision of Financial Statements................................................ 105 10.18. Statement by Officers as to Default.............................................. 105 10.19.
Limitations on Unrestricted Subsidiaries. The Company will not make, and will not permit any Subsidiaries to make, any Investments in Unrestricted Subsidiaries if, at the time thereof, (i) the aggregate amount of such Investments would exceed the sum of (x) 10% of the Company's Consolidated Net Tangible Assets at the time of determination and (y) the amount of Restricted Payments then permitted to be made pursuant to Section 4.07 of this Indenture and (ii) after giving effect to such Investment, the Company could not incur $1.00 of additional Indebtedness (other than Permitted Indebtedness). Any Investments in Unrestricted Subsidiaries permitted to be made pursuant to this covenant may be made in cash or property.
Limitations on Unrestricted Subsidiaries. (a) No Unrestricted Subsidiary shall incur any Debt that is direct recourse to the Borrower or any Restricted Subsidiary.
(b) Neither the Borrower nor any Restricted Subsidiary will (i) consolidate or merge with or into any Unrestricted Subsidiary or (ii) sell, lease or otherwise transfer all or any substantial part of its assets to an Unrestricted Subsidiary, or make or incur any loan, advance, capital contributions or other investment of any type in an Unrestricted Subsidiary unless the aggregate amount of all assets so transferred or loans, advances, capital contributions or other investments so made does not exceed $100,000,000 in the aggregate.
Limitations on Unrestricted Subsidiaries. The Company will not make, and will not permit its Subsidiaries to make, any Investment in Unrestricted Subsidiaries if, at the time thereof, the aggregate amount of such Investments would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 1009. Any Investments in Unrestricted Subsidiaries permitted to be made pursuant to this covenant will be treated as a Restricted Payment in calculating the amount of Restricted Payments made by the Company.
Limitations on Unrestricted Subsidiaries. The Company may designate after the Issue Date any Subsidiary as an "Unrestricted Subsidiary" under this Indenture (a "Designation") only if:
Limitations on Unrestricted Subsidiaries. The Company will not make, and will not permit its Subsidiaries to make, any Investment in, and will not designate any Subsidiaries as, Unrestricted Subsidiaries if, at the time thereof, (a) a Default or Event of Default shall have occurred and be continuing or would occur after giving effect to such Investment or designation, (b) the aggregate amount of such Investments would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 1009, (c) the Company or its Subsidiaries would be prohibited under this Indenture from making such Investment or designation, or (d) after giving effect to such Investment or designation, the Company would exceed the pro forma amount of Indebtedness permitted pursuant to Section 1008. Any Investments in Unrestricted Subsidiaries permitted to be made pursuant to this covenant will be treated as a Restricted Payment in calculating the amount of Restricted Payments made by the Company.
