Common use of Subsidiary Reference Clause in Contracts

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries of Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower and its Subsidiaries" or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with Borrower for financial reporting purposes.

Appears in 7 contracts

Samples: Loan and Security Agreement (Rainbow Rentals Inc), Loan and Security Agreement (Elxsi Corp /De//), Loan and Security Agreement (Elxsi Corp /De//)

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Subsidiary Reference. Any reference herein in this Agreement to a Subsidiary or Subsidiaries of Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower and its Subsidiaries" Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are required to be consolidated with Borrower for financial reporting purposespurposes in accordance with GAAP.

Appears in 5 contracts

Samples: Loan Agreement (Schiff Nutrition International, Inc.), Revolving Credit Agreement (Accentia Biopharmaceuticals Inc), Revolving Credit Agreement (Accentia Biopharmaceuticals Inc)

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries Consolidated Subsidiary of the Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "the Borrower and its Subsidiaries" Subsidiaries or Consolidated Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent the Borrower has any Subsidiaries or Consolidated Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with the Borrower for financial reporting purposes.

Appears in 5 contracts

Samples: Credit Agreement (Shaw Group Inc), Credit Agreement (Staffmark Inc), Credit Agreement (Staffmark Inc)

Subsidiary Reference. Any reference herein in this Agreement to a Subsidiary or Subsidiaries of a Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "a Borrower and its Subsidiaries" Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent a Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with such Borrower for financial reporting purposespurposes in accordance with GAAP.

Appears in 4 contracts

Samples: Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Alabama Inc)

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries Consolidated Subsidiary of Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower and its Subsidiaries" Subsidiaries or Consolidated Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent Borrower has any Subsidiaries or Consolidated Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with Borrower for financial reporting purposes.

Appears in 4 contracts

Samples: Loan Agreement (Lmi Aerospace Inc), Loan Agreement (Lmi Aerospace Inc), Loan Agreement (Leonards Metal Inc)

Subsidiary Reference. Any reference herein in this Agreement to a Subsidiary or Subsidiaries of Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower and its Subsidiaries" Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with Borrower for financial reporting purposespurposes in accordance with GAAP.

Appears in 3 contracts

Samples: Loan Agreement (Featherlite Inc), Loan Agreement (Hennessy Advisors Inc), Loan Agreement (Interlott Technologies Inc)

Subsidiary Reference. Any reference herein in this Agreement to a Subsidiary or Subsidiaries of Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower and its Subsidiaries" Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with Borrower for financial reporting purposespurposes in accordance with GAAP.

Appears in 2 contracts

Samples: Term Loan Agreement (Hennessy Advisors Inc), Loan Agreement (Hennessy Advisors Inc)

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries of the Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower the Borrower" and its Subsidiaries" the Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent the Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with the Borrower for financial reporting purposes.

Appears in 2 contracts

Samples: Credit and Security Agreement (Primegg LTD), Credit and Security Agreement (Premiumwear Inc)

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries Consolidated Subsidiary of Borrowerany of the Borrowers, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower any of the Borrowers and its Subsidiaries" Subsidiaries or Consolidated Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent any such Borrower has any Subsidiaries or Consolidated Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with such Borrower for financial reporting purposes.

Appears in 2 contracts

Samples: Credit Agreement (Virbac Corp), Credit Agreement (Agri Nutrition Group LTD)

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries Consolidated Subsidiary of Borrowerthe Borrowers, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower the Borrowers and its Subsidiaries" their Subsidiaries or Consolidated Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent Borrower has the Borrowers have any Subsidiaries or Consolidated Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with Borrower the Borrowers for financial reporting purposes.

Appears in 1 contract

Samples: Loan Agreement (Virbac Corp)

Subsidiary Reference. Any reference herein in this Agreement to a --------------------- Subsidiary or Subsidiaries of Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower and its Subsidiaries" Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with Borrower for financial reporting purposespurposes in accordance with GAAP.

Appears in 1 contract

Samples: Loan Agreement (Air Methods Corp)

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Subsidiary Reference. Any reference herein in this Agreement to a Subsidiary or Subsidiaries -------------------- of Borrowerany of the Borrowers, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower Borrowers and its Subsidiaries" their Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent Borrower any of the Borrowers has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with Borrower Borrowers for financial reporting purposespurposes in accordance with GAAP.

Appears in 1 contract

Samples: Loan Agreement (Amrep Corp)

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries Consolidated Subsidiary of Borrowereither of the Borrowers, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower either of the Borrowers and its Subsidiaries" Subsidiaries or Consolidated Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent either such Borrower has any Subsidiaries or Consolidated Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with such Borrower for financial reporting purposes.

Appears in 1 contract

Samples: Revolving Credit Agreement (Agri Nutrition Group LTD)

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries of a Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "a Borrower and its the Subsidiaries" or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent such Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with such Borrower for financial reporting purposes.

Appears in 1 contract

Samples: Credit and Security Agreement (Simon Transportation Services Inc)

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries of either Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "either Borrower and its Subsidiaries or either Borrower and the Designated Subsidiaries" , or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent such Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with Borrower for financial reporting purposesSubsidiaries.

Appears in 1 contract

Samples: Loan and Security Agreement (Pioneer Companies Inc)

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries of Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower and its the Subsidiaries" or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with Borrower for financial reporting purposes.

Appears in 1 contract

Samples: Loan and Security Agreement (Pioneer East Inc)

Subsidiary Reference. Any reference herein to a Subsidiary or Subsidiaries of the Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "the Borrower and its the Subsidiaries" or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent the Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with the Borrower for financial reporting purposes.

Appears in 1 contract

Samples: Credit and Security Agreement (Lifecore Biomedical Inc)

Subsidiary Reference. Any reference herein in this Agreement to a Subsidiary or Subsidiaries -------------------- of Borrower, and any financial definition, ratio, restriction or other provision of this Agreement which is stated to be applicable to "Borrower and its Subsidiaries" Subsidiaries or which is to be determined on a "consolidated" or "consolidating" basis, shall apply only to the extent Borrower has any Subsidiaries and, where applicable, to the extent any such Subsidiaries are consolidated with Borrower for financial reporting purposespurposes in accordance with GAAP.

Appears in 1 contract

Samples: Loan Agreement (Hennessy Advisors Inc)

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