Relationship to Company. (a) The existence of this Restricted Stock Agreement shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganization or other changes in the Company’s capital structure or its business, or any merger or consolidation of Company or any issue of bonds, debentures, preferred or prior preference stock ahead of or affecting the Restricted Stock or the rights thereof, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of its assets or business, or any other corporate act or proceeding , whether of a similar character or otherwise.
Relationship to Company. The Investor, either individually or, if an entity, through its representative, has a preexisting personal or business relationship with the Company or one of its officers, directors, or controlling persons, or, by reason of his or her business or financial experience (or the business or financial experience of his professional advisors who are unaffiliated with and who are not compensated by the Company), the Investor has the capacity to protect his, her, or its own interests in connection with the purchase of the Shares.
Relationship to Company. 7.1. The Subscriber ☐ is ☐ is not (please check one) “Company-Related.” 2
7.2. ☐ The Subscriber does ☐ does not ☐ have discretionary authority or control with respect to the assets of the Company or ☐ is ☐ is not a person that provides investment advice with respect to the Company’s assets, or an “affiliate” of such a person. For purposes of this representation, an “affiliate” is any person controlling, controlled by or under common control with the Company or any of its investment advisers, including by reason of having the power to exercise a controlling influence over the management or policies of the Company or its investment adviser(s).
Relationship to Company. Guarantor owns, directly or indirectly, 100% of the issued and outstanding membership interests in Grantor.
Relationship to Company. Please briefly describe the nature of any relationship you may already have with the Company or any of its directors or officers, including the appropriate date when such relationship began. __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________
Relationship to Company. The Board of Directors of each Guarantor has determined that it may reasonably expect to substantially benefit, directly or indirectly, from the extension of credit to or for the benefit of the Company or any other Guarantor pursuant to the Note Documents and, accordingly, the incurrence of its liability and obligations hereunder. The Company and each Guarantor are separate legal entities but are under common ownership control, conduct related businesses, enter into business and financial transactions with one another periodically, and, in general, have a commonality of interests. The maintenance and improvement of Company's financial condition is vital to sustaining its business and the transactions contemplated in the Note Documents produce distinct and identifiable financial and economic direct or indirect benefits to it. Such identifiable benefits include: (i) the availability to it of the proceeds of credit on an as needed basis by way of intercompany loans and/or capital contributions for general corporate or other purposes and (ii) the general improvement of its financial and economic condition. It has had full and complete access to the Note Documents and all other papers executed by any Obligor or any other Person in connection with the Debt, has reviewed them and is fully aware of the meaning and effect of their contents. It is fully informed of all circumstances which bear upon the risks of executing this Guarantee and which a diligent inquiry would reveal. It has adequate means to obtain from Company on a continuing basis information concerning Company's financial condition, and is not depending any Purchaser to provide such information, now or in the future. It agrees that no Purchaser has any obligation to provide such information, now or in the future. It agrees that no Purchaser shall have an obligation to advise or notify it or to provide it with any such data or information. The execution and delivery of this Guaranty is not a condition precedent (and no Purchaser has in any way implied that the execution of this Guaranty is a condition precedent) to any Purchaser's making, extending or modifying any loan or any other financial accommodation to or for it. The Company and the Guarantors are and intend to remain separate legal entities and nothing in this Section 4.1 is intended or shall act to invalidate or impair the separate corporate or other organizational existence or status of the Company or any Guarantor.
Relationship to Company. The Guarantor has had full and complete access to the underlying documentation relating to the Obligations and all other documentation executed by any other Person in connection with the Obligations. The Guarantor is fully informed of all circumstances which bear upon the risks of executing this Guaranty which a diligent inquiry would reveal. The Guarantor has adequate means to obtain from the Company on a continuing basis information concerning the Company’s financial condition, and is not depending on any holder of a Note to provide such information, now or in the future. The Guarantor agrees that the holders of the Notes shall not have any obligation to advise or notify the Guarantor or to provide the Guarantor with any data or information. Without limiting the foregoing, the Guarantor: (a) acknowledges and agrees that as a covenant in regard to the issuance of the Notes of the Company pursuant to the Note Purchase Agreements, the purchasers of the Notes have required the Company to cause the Guarantor to enter into this Guaranty as security for the Notes and the Guarantor is desirous that the Company remain in compliance with its covenants under the Note Purchase Agreements and the Notes and by doing so confer substantial financial and other benefits on the Guarantor and is, accordingly, agreeable to and is entering into this Guaranty and (b) consents, covenants and agrees for itself to be bound by each term and provision of the Note Purchase Agreements which relate to the Guarantor and covenants and agrees (i) to take all such action as may be necessary or appropriate in order to cause and permit compliance by the Company with the terms and provisions of the Note Purchase Agreement and the Notes and (ii) that it will not take any action or fail to take any action \.Ni-Lich\which would result in the Company being in breach of any term or provision of the Note Purchase Agreements or the Notes.
Relationship to Company. Guarantor owns, directly or indirectly [__]% of the issued and outstanding [membership interests in][capital stock of] Grantee.
Relationship to Company. (i) Such Guarantor is a wholly-owned Subsidiary of Company; (ii) Lenders' agreement to extend credit to Company is of substantial and material benefit to such Guarantor; (iii) such Guarantor is fully informed of the Bankruptcy Filing and the actual and potential consequences thereof and (iv) such Guarantor has reviewed and approved copies of the DIP Credit Agreement and the Notes and is fully informed of the remedies Lenders may pursue upon the occurrence of an Event of Default under the DIP Credit Agreement or the Notes.
Relationship to Company. The Lender, either individually or, if an entity, through its representative, has a preexisting personal or business relationship with the Company or one of its officers, directors, or controlling persons, or, by reason of his or her business or financial experience (or the business or financial experience of his professional advisors who are unaffiliated with and who are not compensated by the Company), the Lender has the capacity to protect his, her, or its own interests in connection with the loan.
