Ownership of Group Members. Set forth on Schedule 4.3 is a complete and accurate list showing, as of the Closing Date, for each Group Member and each Subsidiary of any Group Member and each Joint Venture of any of them, its jurisdiction of organization, the number of shares of each class of Stock authorized (if applicable), the number outstanding on the Closing Date (except for any Joint Venture) and the number and percentage of the outstanding shares of each such class owned (directly or indirectly) by the Borrower. All outstanding Stock of each of them has been validly issued, is fully paid and non-assessable (to the extent applicable) and, except in the case of the Borrower, is owned beneficially and of record by a Group Member free and clear of all Liens other than the security interests created by the Loan Documents, the First Lien Loan Documents and Permitted Liens. As of the Closing Date, there are no Stock Equivalents with respect to the Stock of any Group Member (other than the Borrower) or any Subsidiary of any Group Member or any Joint Venture of any of them and, as of the Closing Date, except as set forth on Schedule 4.3, there are no Stock Equivalents with respect to the Stock of the Borrower. Except as permitted pursuant to the Loan Documents, there are no Contractual Obligations or other understandings to which any Loan Party or any Joint Venture in which a Loan Party owns an interest is a party with respect to (including any restriction on) the issuance, voting, Sale or pledge of any Stock or Stock Equivalent of any Loan Party or Joint Venture in which a Loan Party owns an interest.
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Samples: Second Lien Credit Agreement (Westwood One Inc /De/)
Ownership of Group Members. Set forth on Schedule 4.3 is a complete and accurate list showing, as of the Closing Date, for each Group Member and each Subsidiary of any Group Member and each Joint Venture of any of them, its jurisdiction of organization, the number of shares of each class of Stock authorized (if applicable), the number outstanding on the Closing Date (except for any Joint Venture) and the number and percentage of the outstanding shares of each such class owned (directly or indirectly) by the Borrower. All outstanding Stock of each of them has been validly issued, is fully paid and non-assessable (to the extent applicable) and, except in the case of the Borrower, is owned beneficially and of record by a Group Member free and clear of all Liens other than the security interests created by the Loan Documents, the First Second Lien Loan Documents and Permitted Liens. As of the Closing Date, there are no Stock Equivalents with respect to the Stock of any Group Member (other than the Borrower) or any Subsidiary of any Group Member or any Joint Venture of any of them and, as of the Closing Date, except as set forth on Schedule 4.3, there are no Stock Equivalents with respect to the Stock of the Borrower. Except as permitted pursuant to the Loan Documents, there are no Contractual Obligations or other understandings to which any Loan Party or any Joint Venture in which a Loan Party owns an interest is a party with respect to (including any restriction on) the issuance, voting, Sale or pledge of any Stock or Stock Equivalent of any Loan Party or Joint Venture in which a Loan Party owns an interest.
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Ownership of Group Members. Set forth on Schedule 4.3 is a complete and accurate list showing, as of the Closing Date, for the Parent, each Group Member Loan Party and each parent and Subsidiary of any Group Member Loan Party and each Joint Venture joint venture of any of them, its jurisdiction of organization, the number of shares of each class of Stock authorized (if applicable), the number outstanding on the Closing Date (except for any Joint Venture) and the number and percentage of the outstanding shares of each such class owned (directly or indirectly) by the BorrowerBorrower or Holdings. 42 SECOND LIEN CREDIT AGREEMENT DANKA OFFICE IMAGING All outstanding Stock of each of them has been validly issued, is fully paid and non-assessable (to the extent applicable) and, except in the case of the BorrowerHoldings, is owned beneficially and of record by a Group Member (or, in the case of the Borrower, by Holdings) free and clear of all Liens other than the security interests created by the Loan DocumentsDocuments and, in the First Lien Loan Documents and case of joint ventures, Permitted Liens. As of the Closing Date, there There are no Stock Equivalents with respect to the Stock of any Group Member (other than the BorrowerHoldings) or any Subsidiary of any Group Member or any Joint Venture joint venture of any of them and, as of the Closing Date, except as set forth on Schedule 4.3, there are no Stock Equivalents with respect to the Stock of the BorrowerHoldings. Except as permitted pursuant to the Loan Documents, there There are no Contractual Obligations or other understandings to which any Loan Party Group Member, any Subsidiary of any Group Member or any Joint Venture in which a Loan Party owns an interest joint venture of any of them is a party with respect to (including any restriction on) the issuance, voting, Sale or pledge of any Stock or Stock Equivalent of any Loan Party Group Member or Joint Venture in which a Loan Party owns an interestany such Subsidiary or joint venture.
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Samples: Second Lien Credit Agreement (Danka Business Systems PLC)
Ownership of Group Members. Set forth on Schedule 4.3 is a complete and accurate list showing, as of the Closing Date, for each Group Member (it being understood that SIC, SRAM-SP2 and the SRAM-SP2 Subs are not Group Members as of the Closing Date) and each Subsidiary of any Group Member and each Joint Venture joint venture of any of them, its jurisdiction of organization, the number of shares of each class of Stock authorized (if applicable), the number outstanding on the Closing Date (except for any Joint Venture) and the number and percentage of the outstanding shares of each such class owned (directly or indirectly) by the BorrowerBorrower or Holdings. All outstanding Stock of each of them (other than SIC, SRAM-SP2 and the SRAM-SP2 Subs) has been validly issued, is fully paid and non-assessable (to the extent applicable) and, except in the case of Holdings, SIC, SRAM-SP2 and the BorrowerSRAM-SP2 Subs, is owned beneficially and of record by a Group Member free and clear of all Liens other than the security interests created by the Loan Documents, the First Lien Loan Documents and Liens under clauses (a) and (e) of the definition of Customary Permitted Liens. As of the Closing Date, there There are no Stock Equivalents (or debt securities that are convertible into, or exchangeable for, Stock) with respect to the Stock of any Group Member (other than Holdings, SIC, SRAM-SP2 and the BorrowerSRAM-SP2 Subs) or any Subsidiary of any Group Member or any Joint Venture of any of them and, as of the Closing Date, except as set forth on Schedule 4.3, there are no Stock Equivalents with respect to the Stock (or debt securities that are convertible into, or exchangeable for, Stock) of the BorrowerHoldings. Except as permitted pursuant to the Loan Documentsset forth on Schedule 4.3, there are no Contractual Obligations or other understandings to which any Loan Party Group Member (other than SIC, SRAM-SP2 and the SRAM-SP2 Subs) or any Joint Venture in which a Loan Party owns an interest Subsidiary of any Group Member is a party with respect to (including any restriction on) the issuance, voting, Sale or pledge of any Stock or Stock Equivalent of any Loan Party Group Member or Joint Venture in which a Loan Party owns an interestany such Subsidiary or joint venture.
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Samples: Second Lien Credit Agreement (SRAM International Corp)
Ownership of Group Members. Set forth on Schedule 4.3 is a complete and accurate list showing, as of the Closing Date, for each Group Member (it being understood that SIC, SRAM-SP2 and the SRAM-SP2 Subs are not Group Members as of the Closing Date) and each Subsidiary of any Group Member and each Joint Venture joint venture of any of them, its jurisdiction of organization, the number of shares of each class of Stock authorized (if applicable), the number outstanding on the Closing Date (except for any Joint Venture) and the number and percentage of the outstanding shares of each such class owned (directly or indirectly) by the BorrowerBorrower or Holdings. All outstanding Stock of each of them (other than SIC, SRAM-SP2 and the SRAM-SP2 Subs) has been validly issued, is fully paid and non-assessable (to the extent applicable) and, except in the case of Holdings, SIC, SRAM-SP2 and the BorrowerSRAM-SP2 Subs, is owned beneficially and of record by a Group Member free and clear of all Liens other than the security interests created by the Loan Documents, the First Lien Loan Documents and Liens under clauses (a) and (e) of the definition of Customary Permitted Liens. As of the Closing Date, there There are no Stock Equivalents (or debt securities that are convertible into, or exchangeable for, Stock) with respect to the Stock of any Group Member (other than Holdings, SIC, SRAM-SP2 and the BorrowerSRAM-SP2 Subs) or any Subsidiary of any Group Member or any Joint Venture of any of them and, as of the Closing Date, except as set forth on Schedule 4.3, there are no Stock Equivalents with respect to the Stock (or debt securities that are convertible into, or exchangeable for, Stock) of the BorrowerHoldings. Except as permitted pursuant to the Loan Documentsset forth on Schedule 4.3, there are no Contractual Obligations or other understandings to which any Loan Party Group Member (other than SIC, SRAM-SP2 and the SRAM-SP2 Subs), or any Joint Venture in which a Loan Party owns an interest Subsidiary of any Group Member is a party with respect to (including any restriction on) the issuance, voting, Sale or pledge of any Stock or Stock Equivalent of any Loan Party Group Member or Joint Venture in which a Loan Party owns an interestany such Subsidiary or joint venture.
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Samples: First Lien Credit Agreement (SRAM International Corp)
Ownership of Group Members. (a) Set forth on Schedule 4.3 is a complete and accurate list showing, as of the Closing Date, for each Group Member and each Subsidiary of any Group Member and each Joint Venture joint venture of any of them, its jurisdiction of organization, the number of shares of each class of Stock authorized (if applicable), the number outstanding on the Closing Date (except for any Joint Venture) and the number and percentage of the outstanding shares of each such class owned (directly or indirectly) by the Borrowerapplicable holder thereof. All As of the Closing Date, all outstanding Stock of each of them has been validly issued, is fully paid and non-assessable (to the extent applicable) and, except in the case of the Borrower, is owned beneficially and of record by a Group Member free and clear of all Liens other than the security interests created by the Loan Documents, Documents and the First Second Lien Loan Documents and and, in the case of joint ventures, Permitted Liens. Set forth on Schedule 4.3, as of the Closing Date, is a summary of the outstanding Stock and Stock Equivalents of the Borrower, listing any Person that, to the Borrower’s knowledge, holds greater than 5% of the outstanding Stock of the Borrower. As of the Closing Date, except with respect to the Borrower as described on Schedule 4.3, there are no Stock Equivalents with respect to the Stock of any Group Member (other than the Borrower) or any Subsidiary of any Group Member or any Joint Venture joint venture of any of them and, as them. As of the Closing Date, except as set forth on Schedule 4.3, there are no Stock Equivalents with respect to for the Stock of Equity Investors Investment Documents and the Borrower. Except as permitted pursuant to the Loan Constituent Documents, there are no Contractual Obligations or other understandings to which any Loan Party Group Member, any Subsidiary of any Group Member or any Joint Venture in which a Loan Party owns an interest joint venture of any of them is a party with respect to (including any restriction on) the issuance, voting, Sale or pledge of any Stock or Stock Equivalent of any Loan Party Group Member or Joint Venture in which a Loan Party owns an interestany such Subsidiary or joint venture.
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Samples: Second Lien Credit Agreement (Clearlake Capital Partners, LLC)
Ownership of Group Members. Set forth on Schedule 4.3 is a complete and accurate list showing, as of the Closing Datedate of this Agreement, for each Group Member (other than Holdings) and each Subsidiary of any Group Member and each Joint Venture joint venture of any of them, its jurisdiction of organization, the number of shares of each class of Stock authorized (if applicable), the number outstanding on the Closing Date (except for any Joint Venture) date of this Agreement and the number and percentage of the outstanding shares of each such class owned (directly or indirectly) by the BorrowerBorrower or Holdings. All outstanding Stock of each of them has been validly issued, is fully paid and non-assessable (to the extent applicable) and, except in the case of the BorrowerHoldings, is owned beneficially and of record by a Group Member (or, in the case of the Borrower, by Holdings) and all such Stock (other than Stock of Holdings) is free and clear of all Liens other than the security interests created by the Loan DocumentsDocuments and, in the First Lien Loan Documents and case of joint ventures, Permitted Liens. As of the Closing Date, there There are no Stock Equivalents with respect to the Stock of any Group Member (other than the BorrowerHoldings) or any Subsidiary of any Group Member or any Joint Venture joint venture of any of them and, as of the Closing Datedate of this Agreement, except as set forth on Schedule 4.3, there are no Stock Equivalents with respect to the Stock of the BorrowerHoldings. Except as permitted pursuant to the Loan Documents, there There are no Contractual Obligations or other understandings to which any Loan Party Group Member, any Subsidiary of any Group Member or any Joint Venture in which a Loan Party owns an interest joint venture of any of them is a party with respect to (including any restriction on) the issuance, voting, Sale or pledge of any Stock or Stock Equivalent of any Loan Party Group Member or Joint Venture in which a Loan Party owns an interestany such Subsidiary or joint venture.
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