Subsidiaries; Affiliates; Capitalization; Solvency. (a) Borrower does not have any direct or indirect Subsidiaries or Affiliates and is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 to the Information Certificate, subject to the right of Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 6 contracts
Samples: Loan and Security Agreement (Swank Inc), Loan and Security Agreement (Zila Inc), Loan and Security Agreement (Champion Enterprises Inc)
Subsidiaries; Affiliates; Capitalization; Solvency. (a) Borrower does not have any direct or indirect Subsidiaries or Affiliates and is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 to the Information Certificate, subject to the right of Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 3 contracts
Samples: Loan and Security Agreement (Impreso Inc), Loan and Security Agreement (Ecost Com Inc), Loan and Security Agreement (Streicher Mobile Fueling Inc)
Subsidiaries; Affiliates; Capitalization; Solvency. (a) No Borrower does not have has any direct or indirect Subsidiaries or Affiliates and no Borrower is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 to the Information Certificate, subject to the right of Borrower Borrowers to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 3 contracts
Samples: Loan and Security Agreement (Guess Inc Et Al/Ca/), Loan and Security Agreement (Guess Inc Et Al/Ca/), Loan and Security Agreement (Guess Inc Et Al/Ca/)
Subsidiaries; Affiliates; Capitalization; Solvency. (a) As of the date hereof, Borrower does not have any direct or indirect Subsidiaries or Affiliates and is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 to the Information Certificate, subject to the right of Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (American Biltrite Inc), Loan and Security Agreement (Congoleum Corp)
Subsidiaries; Affiliates; Capitalization; Solvency. (a) No Borrower does not have has any direct or indirect Subsidiaries or Affiliates and nor is not any Borrower engaged in any joint venture or partnership except as set forth in Schedule SCHEDULE 8.12 to the Information Certificate, subject to the right of Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (Kirklands Inc), Loan and Security Agreement (Kirklands Inc)
Subsidiaries; Affiliates; Capitalization; Solvency. (a) Borrower does not have None of the Borrowers has any direct or indirect Subsidiaries or Affiliates and or is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 to the Information Certificate, subject to the right of Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lexington Precision Corp), Loan and Security Agreement (Lexington Precision Corp)
Subsidiaries; Affiliates; Capitalization; Solvency. (a) No Borrower does not have or Guarantor has any direct or indirect Subsidiaries or Affiliates (other than Sponsor Portfolio Companies) and is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 to the Information Certificate, subject to the right of Borrower Borrowers and Guarantors to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (BlueLinx Holdings Inc.), Loan and Security Agreement (BlueLinx Holdings Inc.)
Subsidiaries; Affiliates; Capitalization; Solvency. (a) Borrower does not have any direct or indirect Subsidiaries or Affiliates and is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 8.12, as supplemented or amended from time to the Information Certificate, subject to the right of Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereoftime.
Appears in 1 contract
Samples: Loan and Security Agreement (Value Financial Services, Inc.)
Subsidiaries; Affiliates; Capitalization; Solvency. (a) Borrower does not have any direct or indirect Subsidiaries or Affiliates and is not engaged in any joint venture or partnership partnership, except as set forth in on Schedule 8.12 to the Information Certificate, subject to the right of Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereof8.10 hereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Westpoint Stevens Inc)
Subsidiaries; Affiliates; Capitalization; Solvency. (a) No Borrower does not have has any direct or indirect Subsidiaries or Affiliates and is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 to the such Borrower's Information Certificate, subject to the right of such Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 1 contract
Subsidiaries; Affiliates; Capitalization; Solvency. (a) Borrower does not have any direct or indirect Subsidiaries or Affiliates and is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 to the Information Certificate, subject Certificate and except as to Subsidiaries formed or acquired or other equity interests acquired after the date hereof to the right of Borrower to form or acquire Subsidiaries in accordance with extent permitted under Section 9.10 hereof.
Appears in 1 contract
Subsidiaries; Affiliates; Capitalization; Solvency. (a) Borrower does not have any has no direct or indirect Subsidiaries or Affiliates (other than Sponsor Portfolio Companies) and is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 to the Information Certificate, subject to the right of Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 1 contract
Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)
Subsidiaries; Affiliates; Capitalization; Solvency. (a) Borrower does not have any direct or indirect Subsidiaries or Affiliates and is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 8.12, as supplemented or amended from time to the Information Certificatetime, and subject to the right of Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 1 contract
Subsidiaries; Affiliates; Capitalization; Solvency. (a) No Borrower does not have has any direct or indirect Subsidiaries or Affiliates and is not engaged in any joint venture or partnership except as set forth in Schedule 8.12 to the Information CertificateCertificates, subject to the right of Borrower to form or acquire Subsidiaries in accordance with Section 9.10 hereof.
Appears in 1 contract