Subject Entities. (a) In the event that the Subject Entities' Aggregate Revenue, based on the compliance certificate delivered to the holders of the Notes in respect of the most recently completed Fiscal Year, is at the time of such delivery, less than the Subject Entity Cover Threshold based on such compliance certificate, the Company will promptly cause additional Subsidiaries to be included as Subject Entities as is required for the Subject Entities' Aggregate Revenue to exceed the Subject Entity Cover Threshold. The Company may designate any Subsidiary as a Subject Entity at any time by notice in writing to the holders of the Notes. (b) The Company may remove a Subsidiary as a Subject Entity by notice to the holders of the Notes; provided that (i) no Default or Event of Default exists at the time of such removal or would result therefrom and (ii) the Company will be in compliance with the requirements of Subsection (a) above, assuming such removal had occurred on the last day of the annual financial period of the Company immediately preceding the actual date of such removal.
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Samples: Note Purchase Agreement, Note Purchase Agreement (Yamana Gold Inc.)
Subject Entities. (a) In the event that the Subject Entities' ’ Aggregate Revenue, based on the compliance certificate delivered to the holders of the Notes in respect of the most recently completed Fiscal Year, is at the time of such delivery, less than the Subject Entity Cover Threshold based on such compliance certificate, the Company will promptly cause additional Subsidiaries to be included as Subject Entities as is required for the Subject Entities' ’ Aggregate Revenue to exceed the Subject Entity Cover Threshold. The Company may designate any Subsidiary as a Subject Entity at any time by notice in writing to the holders of the Notes.
(b) The Company may remove a Subsidiary as a Subject Entity by notice to the holders of the Notes; , provided that (i) no Default or Event of Default exists at the time of such removal or would result therefrom and (ii) the Company will be in compliance with the requirements of Subsection (a) above, assuming such removal had occurred on the last day of the annual financial period of the Company immediately preceding the actual date of such removal.
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Subject Entities. (a) In the event that the Subject Entities' ’ Aggregate Revenue, based on the compliance certificate delivered to the holders of the Notes in respect of the most recently completed Fiscal Year, is at the time of such delivery, less than the Subject Entity Cover Threshold based on such compliance certificate, the Company will promptly cause additional Subsidiaries to be included as Subject Entities as is required for the Subject Entities' ’ Aggregate Revenue to exceed the Subject Entity Cover Threshold. The Company may designate any Subsidiary as a Subject Entity at any time by notice in writing to the holders of the Notes.
(b) The Company may remove a Subsidiary as a Subject Entity by notice to the holders of the Notes; provided that (i) no Default or Event of Default exists at the time of such removal or would result therefrom and (ii) the Company will be in compliance with the requirements of Subsection (a) above, assuming such removal had occurred on the last day of the annual financial period of the Company immediately preceding the actual date of such removal.
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