(t) and Section 5 Sample Clauses

(t) and Section 5. 16(b); provided however that if the Administrative Agent determines in its reasonable discretion that the benefit to the Secured Parties of the granting of a Lien on certain assets of such Subsidiary by such Subsidiary is outweighed by the burden of granting a Lien on such assets of such Subsidiary by such Subsidiary, the Administrative Agent may advise such Subsidiary that certain actions otherwise required by this Section 5.10(b) shall not be required (in which case such Subsidiary shall not be required to take such actions). With respect to each such Subsidiary, Holdings shall promptly send to Administrative Agent written notice setting forth with respect to such Person (i) the date on which such Person became a Subsidiary of Borrower, and (ii) to the extent applicable, all of the data required to be set forth in Schedules 4.1, 4.2, 4.12, 4.15(a) and 4.28 with respect to such Subsidiary; and such written notice shall be deemed to supplement Schedules 4.1, 4.2, 4.12, 4.15(a) and 4.28 for all purposes hereof. Notwithstanding anything herein or in any other Credit Document to the contrary, (i) solely with respect to Non-US Entities (other than Australian Subsidiaries) that provide a Guaranty pursuant to Section 5.10(a), such Non-US Entities (other than Australian Subsidiaries) shall not be required to grant a security interest in favor of the Collateral Agent in respect of any Accounts or Inventory unless and until such assets are secured in favor of the ABL Agent or pursuant to Alternative Facility Liens (with any such security interest in favor of the Collateral Agent in respect of such Accounts or Inventory being subject to the Closing Date Intercreditor Agreement or an Alternative Facility Intercreditor Agreement, as the case may be), (ii) no Credit Party shall be required to grant a security interest in respect of Equity Interests in any South African Subsidiaries, (iii) in no event shall any of the Credit Parties be required to make any filings or recordings with intellectual property offices in Asia and (iv) no Lien shall be required to be created pursuant to the operation of this Section 5.10(b) to the extent that the granting of such Lien would result in a violation of applicable law.
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Related to (t) and Section 5

  • and Section 2 8. The determination by the applicable Lender of the amount of any such loss, cost or expense shall be conclusive absent manifest error.

  • and Section 3 11. Subject to the foregoing, the Manager may cause the Company to issue additional Common Units authorized under this Agreement at such times and upon such terms as the Manager shall determine and the Manager shall amend this Agreement as necessary in connection with the issuance of additional Common Units and admission of additional Members under this Section 3.04 without the requirement of any consent or acknowledgement of any other Member.

  • and Section 7 4. If, by reason of any exercise of Warrants on a “cashless basis”, the holder of any Warrant would be entitled, upon the exercise of such Warrant, to receive a fractional interest in a share of Common Stock, the Company shall round down to the nearest whole number, the number of shares of Common Stock to be issued to such holder.

  • Headings and Sections The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Agreement or any provision hereof. Unless the context requires otherwise, all references in this Agreement to Sections or Articles shall be deemed to mean and refer to Sections or Articles of this Agreement.

  • Articles and Sections This Agreement, for convenience only, has been divided into Articles and Sections; and it is understood that the rights and other legal relations of the parties hereto shall be determined from this instrument as an entirety and without regard to the aforesaid division into Articles and Sections and without regard to headings prefixed to such Articles or Sections.