New Obligors. During the term of this Agreement, each Subsidiary of the Borrower that, pursuant to Section 6.9 of the Credit Agreement, is required to become a party to this Agreement, may become such a party by executing an assumption agreement, substantially in the form of Exhibit A, a copy of which shall be delivered to the Collateral Agent in accordance with Section 6.1, whereupon such Subsidiary shall become an Obligor for all purposes and to the same extent as if originally a party hereto and shall be bound by and entitled to the benefits of this Agreement.
New Obligors. During the term of this Trust Agreement, one or ----------------- more additional Subsidiaries may become a party to this Trust Agreement by executing an assumption agreement, substantially in the form of Exhibit B, whereupon such Subsidiary shall become an Obligor for all purposes and to the same extent as if originally a party hereto and shall be bound by and entitled to the benefits of this Trust Agreement.
New Obligors. 30 6.12 Inspection by Regulatory Agencies............................................30 6.13 Confidentiality..............................................................30 6.14 Submission to Jurisdiction; Waivers..........................................31 6.15
New Obligors. (a) If any member of the Group (a “New Obligor”) borrows, guarantees or otherwise becomes liable for any Debt or grants or incurs or otherwise becomes a creditor in respect of any Financial Indebtedness to or from any other member of the Group in an aggregate amount in excess of €20,000,000 (or its equivalent), the Parent will use all reasonable endeavours to procure that (unless such New Obligor has become party hereto by some other means to the satisfaction of the Senior Agent acting reasonably) such New Obligor becomes a party to this Deed as an Obligor by the execution and delivery to the Security Agent of a duly completed Deed of Accession (together with such board resolutions and other corporate documentation as the Security Agent may reasonably require).
(b) If any member of the Group becomes party to a Security Document or Note Security Document, the Company will procure that such member becomes a party to this Deed as an Obligor by the execution and delivery to the Security Agent of a duly executed Deed of Accession (together with such board resolutions and other corporate documentation as required by the terms of the Senior Facility Agreement or as the Security Agent may otherwise reasonably require).
New Obligors.
17.3.1 If any person which is not an Obligor is required to provide any guarantee or Security to the Lender, or otherwise become an Obligor (as defined in the Facility Agreement) in accordance with the Finance Documents, the Obligors will procure that the person concerned will, before such Security is provided or such person becomes an Obligor, become a New Obligor by delivering to the Lender an Obligor Accession Letter, duly executed by that person and the Borrower.
17.3.2 Provided that such accession is permitted by the Finance Documents, the Lender shall be obligated to execute an Obligor Accession Letter provided that:
(a) at the same time as that Obligor Accession Letter is delivered to the Lender, there is also delivered to the Lender:
(i) a copy of any Authorisation or other documents, opinion or assurance which the Xxxxxx considers to be necessary or desirable (acting reasonably); and
(ii) all those items listed in Part 2 of Schedule 7 (Conditions Precedent), in respect of and as applicable to the relevant person seeking to become a New Obligor and in each case to the extent not already delivered to the Lender and in form and substance satisfactory to the Lender unless waived or deferred by the Lender on such terms as the Lender considers fit;
(b) where the relevant person seeking to become a New Obligor would be a FATCA FFI or a US Tax Obligor if it became a New Obligor, the Lender provides its prior written consent; and
(c) no Default has occurred and is continuing or would occur upon that person acceding as a party to this Agreement.
17.3.3 Each Party (other than the Lender, the Borrower and the person concerned) irrevocably authorises the Borrower to execute any duly completed Obligor Accession Letter on its behalf unless the Lender requires such Party to execute such Obligor Accession Letter itself.
17.3.4 An Obligor Accession Letter will take effect on the date of execution of that Obligor Accession Letter by the Lender or, if later, the date specified in that Obligor Accession Letter.
17.3.5 The execution of an Obligor Accession Letter by the person concerned constitutes confirmation by it that it is a New Obligor under this Agreement.
New Obligors. For the purposes of this clause 22 (Determination of matters) it is expressly agreed and acknowledged that the execution of a guarantee and/or deed of adherence by a new Subsidiary or other Obligor or proposed Obligor or any deed or instrument pursuant to a further assurance provision in this Agreement or the other Finance Documents shall not constitute an amendment or modification to, or variation of, any of the Finance Documents.
New Obligors. Each of the parties hereto acknowledges and agrees that any Designated Subsidiary which executes an Election to Participate after the date of this Security Agreement shall automatically, and without further action hereunder by any party hereto, become an Obligor hereunder and under the Credit Agreement for all purposes.
New Obligors. If any member of the Group (a New Obligor) borrows, guarantees or otherwise becomes liable for any Intercompany Debt or grants or incurs or otherwise becomes a creditor in respect of any Intercompany Debt, the Parent will procure that (unless such New Obligor has become party hereto by some other means to the satisfaction of the Senior Agent acting reasonably) such New Obligor becomes a party to this Agreement as an Obligor by the execution and delivery to the Security Agent of a duly completed Deed of Accession (together with such board resolutions and other corporate documentation as the Security Agent may reasonably require).
New Obligors. If any member of the Group (a "NEW OBLIGOR") guarantees or otherwise becomes liable for any Senior Debt, Bridge Debt or High Yield Debt or grants security for any thereof the Company will procure that such New Obligor will become a party hereto as an Obligor by the execution of an Obligor deed of accession substantially in the form set out in Schedule 2. xxv
New Obligors. In the event that Lender requires one or more new direct or indirect subsidiaries or affiliates of Borrower to enter into this Agreement, they may do so by executing and delivering in favor of Lender a supplement to this Agreement in the form of Annex 1 attached hereto. Upon the execution and delivery of such supplement by such new subsidiary or affiliate, such subsidiary or affiliate shall become an Obligor hereunder with the same force and effect as if originally named as an Obligor herein. The execution and delivery of any instrument adding an additional Obligor as a party to this Agreement shall not require the consent of any Obligor hereunder. The rights and obligations of each Obligor hereunder shall remain in full force and effect notwithstanding the addition of any new Obligor hereunder.
