Affected Subsidiary definition

Affected Subsidiary shall have the meaning assigned to such term in Section 6.04(c).

Affected Subsidiary means any Subsidiary that is (a) prohibited by applicable law, rule or regulation or by any contractual obligation existing on the Effective Date from guaranteeing the Obligations or which would require governmental (including regulatory) consent, approval, license or authorization from a United States Governmental Authority to provide a Guarantee unless such consent, approval, license or authorization has been received, (b) a Not-For-Profit Subsidiary, (c) any other Subsidiary not required to be a Subsidiary Guarantor hereunder under the circumstances where the Borrower and the Administrative Agent reasonably and mutually agree that the cost or burden of providing a Guarantee of the Obligations is excessive in relation to the value afforded thereby or (d) a Domestic Subsidiary substantially all of the assets of which consist of Equity Interests in Foreign Subsidiaries.

Affected Subsidiary means a NYSE Group Securities Exchange to which a Material Adverse Change of European Law applies.

Examples of Affected Subsidiary in a sentence

• Notwithstanding anything contained in this Article X to the contrary, no Foreign Subsidiary Borrower which is and remains an Affected Subsidiary shall be liable hereunder for any of the Loans made solely to any one or more of the Domestic Loan Parties, or any other Secured Obligations owing or otherwise incurred solely by or on behalf any one or more of, the Domestic Loan Parties.

• If for any reason such voluntary Bankruptcy Proceeding is not commenced with respect to such Affected Subsidiary during such 30-day period, the Borrower may thereafter at any time again request from the Banks a waiver with respect to such Affected Subsidiary or any other Affected Subsidiary pursuant to the foregoing procedures.

• Notwithstanding the foregoing, except as provided in Section 5.09(b) or 5.09(d)(iii) or in Article X of this Agreement, no Foreign Subsidiary shall be required to guaranty the payment or performance of any Secured Obligations for so long as such Foreign Subsidiary is an Affected Subsidiary.

• Notwithstanding anything to the contrary in this Section 6.12(b), no Subsidiary or direct or indirect parent of such Subsidiary shall pledge more than 65% of the Equity Interests of any Affected Subsidiary; provided that if an entity that is an Affected Subsidiary ceases to be an Affected Subsidiary, the provisions of this Section 6.12(b) shall apply as if the Equity Interests of such Subsidiary are acquired as of the time it ceases to be an Affected Subsidiary.

• Notwithstanding anything to the contrary in this Section 6.12(a), no Subsidiary or direct or indirect parent of such Subsidiary shall pledge more than 65% of the Equity Interests of any Affected Subsidiary; provided that if an entity that is an Affected Subsidiary ceases 69 to be an Affected Subsidiary, the provisions of this Section 6.12(a) shall apply as if such Subsidiary is acquired or formed as of the time it ceases to be an Affected Subsidiary.

More Definitions of Affected Subsidiary

Affected Subsidiary means any Subsidiary that is (a) prohibited by applicable law, rule or regulation or by any contractual obligation existing on the Effective Date from guaranteeing the Obligations or which would require governmental (including regulatory) consent, approval, license or authorization from a United States Governmental Authority to provide a Guarantee unless such consent, approval, license or authorization has been received,

Affected Subsidiary has the meaning assigned to such term in the definition of “Excluded Subsidiary”.

Affected Subsidiary means a Euronext Market Subsidiary owning or operating a Euronext Regulated Market to which a Material Adverse Change of U.S. Law applies.

Affected Subsidiary means (i) any direct or indirect Foreign Subsidiary that is a “controlled foreign corporation” within the meaning of Section 957 of the Code, (ii) any direct or indirect Domestic Subsidiary substantially all of the assets of which consist of Equity Interests in or Indebtedness of one or more direct or indirect Foreign Subsidiaries that are “controlled foreign corporations” within the meaning of Section 957 of the Code and (iii) any direct or indirect Domestic Subsidiary of a direct or indirect Foreign Subsidiary.

Affected Subsidiary means any (a) Foreign Subsidiary or (b) any Domestic Subsidiary of a Foreign Subsidiary, in each case to the extent such Subsidiary acting as a Subsidiary Guarantor would cause a Deemed Dividend Problem.

Affected Subsidiary means any Subsidiary that is (a) prohibited by applicable law, rule or regulation or by any contractual obligation existing on the Effective Date from guaranteeing the Obligations or which would require governmental (including regulatory) consent, approval, license or authorization from a United States Governmental Authority to provide a Guarantee unless such consent, approval, license or authorization has been received,(b) a Not-For-Profit Subsidiary, (c) any other Subsidiary not required to be a Subsidiary Guarantor hereunder under the circumstances where the Borrower and the Administrative Agent reasonably and mutually agree that the cost of providing a Guarantee of the Obligations is excessive in relation to the value afforded thereby or (d) a Domestic Subsidiary substantially all of the assets of which consist of Equity Interests in Foreign Subsidiaries.

Affected Subsidiary means any Subsidiary if (a) a Deemed Dividend Problem would arise if such Subsidiary were to act as a Subsidiary Guarantor of the Secured Obligations of the Company or any Domestic Loan Party or (b) a Financial Assistance Problem would arise if such Subsidiary were to act as a Subsidiary Guarantor of the Secured Obligations.