New Subsidiary. In the event that Borrower shall hereafter create a new Subsidiary or a Person shall hereafter become a Subsidiary of the Borrower, the Borrower shall (i) cause such Subsidiary to execute and deliver to the Agent (a) in the case of a Subsidiary that is not a Non-Borrowing Subsidiary, a Guaranty and an amendment to the Contribution Agreement pursuant to which such Guarantor shall become a party thereunder and (b) in the case of a Non-Borrowing Subsidiary, a Subordination Agreement, and (ii) deliver or cause to be delivered, by and with respect to such Subsidiary, certificates, opinions and other documents substantially similar to those required to be delivered under the provisions of Sections 5.1(i), (ii), (iii), (vi) and (vii) and such other documents as any Lender or Issuing Bank or their respective counsel may reasonably request; all of the foregoing shall be in form and substance satisfactory to the Required Lenders.
New Subsidiary. (i) to form or procure the formation of any new corporation, trust or partnership (a “new vehicle”);
(ii) to subscribe for or acquire any Investment in such new vehicle;
(iii) to transfer or transfer any right in or grant any lease or licence in any Charged Assets to such new vehicle; and
(iv) to sell, transfer, assign, exchange or otherwise dispose of any such investments or any rights attaching thereto;
New Subsidiary. Power to promote, procure the formation or otherwise acquire the share capital of, any body corporate with a view to such body corporate becoming a subsidiary of the Company or otherwise and purchasing, leasing or otherwise acquiring an interest in the whole or any part of the Charged Property or carrying on any business in succession to the Company or any subsidiary of the Company.
New Subsidiary. Upon the formation or acquisition of any new Subsidiary, the Borrower shall cause such Subsidiary to promptly execute and deliver to the Subordinated Agent any joinder agreements requested by the Subordinated Agent to cause such new Subsidiary to become a party to a Guaranty and any security agreements, pledge agreements, mortgages, and other agreements requested by the Subordinated Agent to cause such new Subsidiary to pledge its assets to the Subordinated Agent for the benefit of the Subordinated Lenders. In connection therewith, the Borrower shall provide corporate documentation and opinion letters reasonably satisfactory to the Subordinated Agent reflecting the corporate status of such new Subsidiary of the Borrower and the enforceability of such agreements.
New Subsidiary. Neither Borrower nor any Guarantor shall create or cause to be created or to come into existence any new Subsidiary after the Closing Date, without complying with each of the following, all of which shall be in form and substance reasonably acceptable to Bank: (a) such new Subsidiary providing Bank with, at Bank’s option, (i) an unconditional guaranty of the Obligations, or (ii) a joinder to this Agreement and the Loan Documents pursuant to which such Subsidiary becomes a co-borrower and co-obligor hereunder and thereunder; (b) such Subsidiary pledging to Bank a perfected, first-lien security interest (subject to Permitted Liens) in and to substantially all of the assets of such Subsidiary (such pledge of assets being consistent with the pledge contained herein) pursuant to one or more security agreements, together with such appropriate Financing Statements, Control Agreements and other agreements necessary to grant and perfect such first-lien security interests; (c) if Borrower’s or such Guarantor’s ownership in such Subsidiary is certificated, the delivery to Bank of the original certificates evidencing Borrower’s or such Guarantor’s ownership in such Subsidiary, together with an original, executed stock or equity interest power in blank; (d) Borrower’s delivery to Bank of the organization and formation documents of such Subsidiary certified as true, accurate and correct by an officer of such Subsidiary, together with copies of any such resolutions (together with an original officer’s certificate certifying as the authenticity and continuing full force and effect of the same) reasonably required by Bank to evidence such Subsidiary’s authority to become, as applicable, a guarantor or co-borrower and co-obligor under this Agreement and the other Loan Documents and to pledge its assets as security for the Obligations; and (e) Borrower’s delivery to Bank of all other certificates, lien searches, good standings, consents and waivers reasonably required by Bank to evidence Bank’s perfected first lien security interest in and to such assets, each Subsidiary’s authority to enter into such agreements and such other matters as Bank deems necessary or appropriate in its reasonable business judgment. Notwithstanding the foregoing, in the event that Bank determines in its reasonable business judgment that any Foreign Subsidiary is not material to the business operations, collateral value or financial condition of Borrower and its Subsidiaries, taken as a whole, Borro...
New Subsidiary. Promptly notify Bank in the event that the assets or revenues of Lacrosse International, Inc. ("New Subsidiary") represent 5% or more of Borrower's consolidated assets or consolidated revenues, respectively, following which all affirmative and negative covenants and Events of Default which at such time apply to Subsidiary shall be also made applicable to New Subsidiary, on terms reasonably acceptable to Bank and Borrower.
New Subsidiary. Promptly upon forming or acquiring any Subsidiary, other than an Excluded Subsidiary, Borrower shall cause the Subsidiary to execute a guaranty of the Secured Obligations in the form of the Guaranty and to execute a security agreement granting a first priority security interest in all assets of such Subsidiary.
New Subsidiary. 27, 92 Non Financed Capital Expenditures.........................................
New Subsidiary. A Subsidiary acquired or formed by any Borrower or any of its Subsidiaries during the period reported in the most recent financial statements delivered to the Lenders pursuant to §7.4.
New Subsidiary. (a) The Company represents and warrants to the Administrative Agent and the Lenders that the Company has formed Everest Endeavors, Inc. (the “New Subsidiary”) as a new wholly-owned subsidiary of the Revolving Borrower and that the New Subsidiary has at all times since its formation met the definition of an “Immaterial Subsidiary” as defined in the Credit Agreement as amended hereby. The New Subsidiary has not previously been joined to the Subsidiary Guaranty Agreement as a Subsidiary Guarantor under Section 6.12 of the Credit Agreement pursuant to the agreement of the
