SUCCESSORS TO THE ISSUER AND SUBSIDIARIES Sample Clauses

SUCCESSORS TO THE ISSUER AND SUBSIDIARIES. 66 10.1 Merger, Consolidation, Amalgamation or Sale of Assets 66 ARTICLE 11 CONCERNING THE TRUSTEE 67 11.1 No Conflict of Interest 67 11.2 Replacement of Trustee 67 11.3 Rights and Duties of Trustee 68
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SUCCESSORS TO THE ISSUER AND SUBSIDIARIES. 72 11.1 Xxxxxx, Consolidation, Amalgamation or Sale of Assets ......................................72 ARTICLE 12
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SUCCESSORS TO THE ISSUER AND SUBSIDIARIES. 71 11.1 Merger, Consolidation, Amalgamation or Sale of Assets 71 ARTICLE 12 CONCERNING THE TRUSTEE 72 12.1 No Conflict of Interest 72 12.2 Replacement of Trustee 72 12.3 Rights and Duties of Trustee 73 12.4 Reliance Upon Declarations, Opinions, etc. 75 12.5 Evidence and Authority to Trustee, Opinions, etc. 76 12.6 Officers’ Certificates Evidence 77 12.7 Experts, Advisers and Agents 77 12.8 Trustee May Deal in Notes 77 12.9 Investment of Monies Held by Trustee 78 12.1 Trustee Not Ordinarily Bound 78 12.11 Trustee Not Required to Give Security 78 12.12 Trustee Not Bound to Act on Issuer’s Request 79 12.13 Conditions Precedent to Trustee’s Obligations to Act Hereunder 79 12.14 Authority to Carry on Business 79 12.15 Compensation and Indemnity 80 12.16 Acceptance of Trust 80 12.17 Anti-Money Laundering 80 12.18 Privacy 81 12.19 Execution of Intercreditor Agreement 82 ARTICLE 13 AMENDMENT, SUPPLEMENT AND WAIVER 82 13.1 Ordinary Consent 82 13.2 Special Consent 82 13.3 Without Consent 82 13.4 Form of Consent 83 13.5 Supplemental Indentures 83 ARTICLE 14 GUARANTEES 84 14.1 Guarantees and Collateral Agent 84 ARTICLE 15 NOTICES 85 15.1 Notice to Issuer 85 15.2 Notice to Holders 85 15.3 Notice to Trustee 86 15.4 Mail Service Interruption 86 ARTICLE 16 MISCELLANEOUS 86 16.1 Copies of Indenture 86 16.2 Force Majeure 86 16.3 Waiver of Jury Trial 86 ARTICLE 17 EXECUTION AND FORMAL DATE 87 17.1 Execution 87 17.2 Formal Date 87 APPENDIX A FORM OF SERIES A SECOND LIEN NOTES / SERIES B SECOND LIEN NOTES APPENDIX B FORM OF GUARANTY APPENDIX C FORM OF DECLARATION FOR REMOVAL OF LEGEND THIS INDENTURE made as of the 7th day of December, 2022. BETWEEN: JUSHI HOLDINGS INC., a company subsisting under the laws of the Province of British Columbia (hereinafter called the “Issuer”); AND ODYSSEY TRUST COMPANY, a trust company incorporated under the laws of the Province of Alberta authorized to carry on the business of a trust company in British Columbia and Alberta (hereinafter called the “Trustee”);
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Related to SUCCESSORS TO THE ISSUER AND SUBSIDIARIES

  • Capitalization and Subsidiaries Borrower’s capitalization as of the Closing Date is set forth on Schedule 5.14 annexed hereto. Borrower does not own any stock, partnership interest or other securities of any Person, except for Permitted Investments. Attached as Schedule 5.14, as may be updated by Borrower in a written notice provided after the Closing Date, is a true, correct and complete list of each Subsidiary.

  • Additional Subsidiaries If any additional Subsidiary, other than an Insignificant Subsidiary, a Notes SPV or a Special Purpose Receivables Subsidiary, is formed or acquired after the Sixth ARCA Effective Date, the Borrower will, within ten Business Days after such Subsidiary is formed or acquired, notify the Administrative Agent and the Collateral Agent thereof and cause the Collateral and Guarantee Requirement to be satisfied with respect to any Equity Interest in such Subsidiary held by a Loan Party and any Indebtedness of such Subsidiary owed to a Loan Party. If at any time any Subsidiary that is not then a Loan Party, other than (A) an Insignificant Subsidiary, (B) prior to the PAETEC Notes Redemption Date, a Qualified PAETEC Group Member, (C) a Notes SPV, (D) any Subsidiary listed on Schedule 5.10 or (E) a Special Purpose Receivables Subsidiary, (x) is a wholly-owned Domestic Subsidiary and is permitted by applicable law or regulation (without the need to obtain any Governmental Authorization) to Guarantee the Facility Obligations or (y) Guarantees any Loan Party’s obligations in respect of any AC Holdings Bonds or any other Indebtedness (other than Indebtedness created under the Loan Documents), the Borrower shall promptly cause (A) such Subsidiary to Guarantee the Facility Obligations pursuant to the Guarantee Agreement (in the case of any Subsidiary described in clause (y), on terms no less favorable to the Lenders than those applicable under such Guarantee of other Indebtedness) and (B) the other provisions of the Collateral and Guarantee Requirement to be satisfied with respect to such Subsidiary, whereupon such Subsidiary will become a “Guarantor” and “Lien Grantor” for purposes of the Loan Documents. The Borrower will not, and will not permit any of its Subsidiaries to, form or acquire any Subsidiary (other than Insignificant Subsidiaries and other than (i) any Notes SPV, (ii) prior to the PAETEC Notes Redemption Date, any Qualified PAETEC Group Member and (iii) any Special Purpose Receivables Subsidiary) after the Sixth ARCA Effective Date unless either (x) all of the Equity Interests in such Subsidiary shall be directly held by a Loan Party or (y) such Subsidiary shall have Guaranteed the Facility Obligations pursuant to the Guarantee Agreement and shall have satisfied the other provisions of the Collateral and Guarantee Requirement with respect to such Subsidiary. Prior to the PAETEC Notes Redemption Date, the Borrower will not permit any PAETEC Group Member to form or acquire any Subsidiary except for the purpose of reorganizing the organizational structure or form of organization of any of the PAETEC Group Members. For the avoidance of doubt, from and after the PAETEC Notes Redemption Date, any Qualified PAETEC Group Member not previously subject to the requirements set forth in this Section 5.10 shall be subject to the requirements set forth in this Section 5.10 as if such Qualified PAETEC Group Member became a Subsidiary on such date.

  • Subsidiaries All of the direct and indirect subsidiaries of the Company are set forth on Schedule 3.1(a). The Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities. If the Company has no subsidiaries, all other references to the Subsidiaries or any of them in the Transaction Documents shall be disregarded.

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