Restricted/Unrestricted Subsidiaries. Unless otherwise consented to by Required Lenders, the Obligors will: (i) maintain entity records and books of account separate from those of any other entity, including Unrestricted Entities, which is an Affiliate of such entity; and (ii) not commingle its funds or assets with those of any other entity, including Unrestricted Entities, which is an Affiliate of such entity. Further, the Borrower: (a) will not, and will not permit any Obligor to guaranty any Indebtedness of any of the Unrestricted Entities; (b) will not permit any Unrestricted Entity to hold any equity or other ownership interest in any Obligor; and (c) will operate each Unrestricted Entity in such a manner as to make it apparent to all creditors of such Unrestricted Entity that such Unrestricted Entity is a legal entity separate and distinct from all of the Obligors and as such is solely responsible for its own debts.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Atlas America Inc), Revolving Credit Agreement (Atlas Pipeline Holdings, L.P.), Revolving Credit Agreement (Atlas Pipeline Partners Lp)
Restricted/Unrestricted Subsidiaries. Unless otherwise consented to by Required Lendersthe Holder, the Obligors Issuer will: (i) maintain entity records and books of account separate from those of any other entity, including Unrestricted Entities, which is an Affiliate of such entity; and (ii) not commingle its funds or assets with those of any other entity, including Unrestricted Entities, which is an Affiliate of such entity. Further, the BorrowerIssuer:
(a) will not, and will not permit any Obligor to guaranty any Indebtedness indebtedness pursuant to the Credit Agreement of any of the Unrestricted Entities;
(b) will not permit any Unrestricted Entity to hold any equity or other ownership interest in any Obligorthe Issuer; and
(c) will operate each Unrestricted Entity in such a manner as to make it apparent to all creditors of such Unrestricted Entity that such Unrestricted Entity is a legal entity separate and distinct from all of the Obligors Issuer and as such is solely responsible for its own debts.
Appears in 2 contracts
Samples: Guaranty Note (Atlas America Inc), Guaranty Note (Atlas Pipeline Holdings, L.P.)