New Subsidiary Guarantors. Notice of any Subsidiary (i) which Borrower is adding as a Subsidiary Guarantor in the event that the Borrower and the then current Subsidiary Guarantors contribute less than 80% of Adjusted Net Operating Income (as further described in Section 7.11) as of the end of any fiscal quarter of Borrower, or (ii) that has become a guarantor under any existing or future unsecured Indebtedness of Borrower (as further described in Section 7.11), such notice to be delivered to the Administrative Agent concurrently with the delivery of the Compliance Certificate with respect to such quarter;
New Subsidiary Guarantors. The New Subsidiary Guarantors fully, unconditionally and irrevocably guarantee, as primary obligor and not merely as surety, to each Holder of the Securities and the Trustee the full and punctual payment when due, whether at maturity, by acceleration, by redemption or otherwise, of the Obligations in accordance with the Indenture.
New Subsidiary Guarantors. If, at any time after the Output Closing Time, there exists any Subsidiary that is not either a Guarantor or an Exempt Subsidiary, then the Company and each Guarantor shall, on the date any such Subsidiary is acquired or formed, (a) cause each such Subsidiary to execute and deliver a joinder to the Guaranty to the Administrative Agent, (b) pledge or cause to be pledged to the Administrative Agent for the benefit of the Lenders all of the outstanding Capital Stock thereof pursuant to a Security Document satisfactory to the Administrative Agent, to be held by the First Lien Credit Agent on behalf of itself, for the benefit of the First Lien Secured Parties, and the Administrative Agent, for the benefit of the Secured Parties, and (c) cause such Subsidiary to execute and deliver such Security Documents as may be required pursuant to Sections 4.2, 4.5(a) or 7.14(b). Upon the execution and delivery by any Subsidiary of a joinder to the Guaranty, such Subsidiary shall automatically and immediately, and without any further action on the part of any Person, (i) become a Guarantor for all purposes of this Agreement and (ii) be deemed to have made the representations and warranties, as applied to and including such new Subsidiary, set forth in this Agreement.
New Subsidiary Guarantors. If, at any time after the date of this Agreement, there exists any subsidiary of a Loan Party (other than BEP I and the Unrestricted Entities) that is not a Guarantor hereunder, or if BEP I or any Unrestricted Entity becomes a Wholly Owned Subsidiary of a Loan Party, then such Loan Party shall cause BEP I or each such Subsidiary, as applicable, to execute and deliver to the Administrative Agent a Guaranty or supplement to existing Guaranty, and a Security Agreement or supplement to existing Security Agreement, and other documents and opinions as required pursuant to Sections 4.02 and 4.05.
New Subsidiary Guarantors. Each of Cellu Tissue – Hauppauge, LLC, a Delaware limited liability company, and Cellu Tissue – Thomaston, LLC, a Delaware limited liability company, shall have executed a supplemental indenture pursuant to Section 3.12 of the Indenture and the Subsidiary Guarantee executed by each Subsidiary Guarantor.
New Subsidiary Guarantors. If, at any time after the date of this Agreement, there exists any Subsidiary of a Loan Party that is not a Guarantor hereunder, then such Loan Party shall cause each such Subsidiary to execute and deliver a Guaranty to the Administrative Agent.
New Subsidiary Guarantors. (a) In accordance with the provisions of Section 10.3 of the Securities Purchase Agreement, each of FAA Xxxxxxx Hills, Inc., a California Corporation, FAA Poway G., Inc., a California Corporation, and FAA Serramonte H., Inc., a California Corporation (each, a "New Subsidiary" and collectively, -------------- the "New Subsidiaries"), is hereby joined as a party to the Securities Purchase ---------------- Agreement and agrees that by its execution hereof (i) it shall be deemed to have executed the Securities Purchase Agreement, and is a Guarantor thereunder for all purposes thereof, (ii) it hereby makes the Subsidiary Guaranty contained in the Securities Purchase Agreement, and undertakes, covenants and agrees to all of the obligations, agreements, waivers and other provisions under the Securities Purchase Agreement as a Guarantor thereunder and (iii) it hereby affirms and makes all of the representations and warranties made by each Guarantor under the Securities Purchase Agreement. All references in the Securities Purchase Agreement and in the Notes to a Guarantor shall hereafter include each of the New Subsidiaries.
(b) For value received, each of the New Subsidiaries hereby unconditionally guarantees to the Holders of the Notes (i) the due and punctual payment, on the basis set forth in the Securities Purchase Agreement pursuant to which the Notes and this guaranty were issued, of the principal of, premium (if any) and interest on such Notes when and as the same shall become due and payable for any reason according to the terms of such Notes and Section 10 of the Securities Purchase Agreement, and (ii) that all other obligations of the Company under the Securities Purchase Agreement or the Notes will be promptly paid in full or performed in accordance with the terms of the Securities Purchase Agreement and the Notes.
(c) Each of the Company and each of its Subsidiaries (including without limitation each of the New Subsidiaries) hereby acknowledges that its execution of this Amendment satisfies the requirements of and constitutes compliance with the terms of Section 10 of the Securities Purchase Agreement (including without limitation Section 10.3 thereof).
(d) Each of the Company and each of its Subsidiaries (including without limitation each of the New Subsidiaries) hereby represents and warrants to the Holders that this Amendment has been duly authorized, executed and delivered, by it and constitutes its legal, valid and binding obligation, enforceable ...
New Subsidiary Guarantors. Any person that is not already a party to this Guarantee as Guarantor may be added to and become jointly and severally bound by this Guarantee as a Guarantor by executing a guarantor addition agreement (the “Addition Agreement”) substantially in the form attached as Schedule “A” hereto and delivering the same to the Agent. The Addition Agreement shall be effective to add such person as a Guarantor under this Guarantee for the benefit of all Beneficiaries upon receipt thereof by the Agent.
New Subsidiary Guarantors. Each of the Obligors not a signatory to the Existing Credit Agreement unconditionally and irrevocably accepts, adheres to, and becomes party to and bound as a "Subsidiary Guarantor" under this Agreement, as fully if such Obligor had been signatory to the Existing Credit Agreement as a "Subsidiary Guarantor". In confirmation (but without limitation) of the foregoing, each such Obligor hereby (a) unconditionally agrees to make prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the principal and interest on all of the Obligations and (b) unconditionally grants, bargains, conveys, assigns, transfers, mortgages, hypothecates, pledges, confirms and grants a continuing security interest to the Agent, for the ratable benefit of the Banks, in and to the Collateral.
New Subsidiary Guarantors. By executing this Fifth Supplemental Indenture and the Note Guarantees referred to in Section 1.2 hereof, VeraSun Litchfield, LLC, a Delaware limited liability company (“VeraSun Litchfield”), and VeraSun Xxxxxx, LLC, a Delaware limited liability company (“VeraSun Xxxxxx”), hereby agree to guarantee the Issuer’s obligations under the Notes on the terms and subject to the conditions set forth in Article XII of the Indenture and the Note Guarantees.
