Blocker Subsidiary definition
Examples of Blocker Subsidiary in a sentence
Issue any additional Capital Stock that would result in a Change of Control or, in the case of the Company or a Tax Blocker Subsidiary (except for any Excluded Assets), which is not subject to the Lien of the Administrative Agent, for the benefit of the Lenders, pursuant to the Collateral Documents, or create, form or acquire any Subsidiary, except in compliance with Section 6.16.
No recourse shall be had against any Officer, member, director, employee, security holder or incorporator of the Issuer, the Co-Issuer, any Blocker Subsidiary or any of their respective successors and assigns for the payment of any amounts payable under this Agreement.
In particular, neither the Co-Issuers nor the Blocker Subsidiary may petition or take any other steps for the winding up or bankruptcy of the other of the Co-Issuers or of any Blocker Subsidiary (other than, in the case of the Issuer, a winding-up or liquidation of a Blocker Subsidiary that no longer holds any assets) and neither of the Co-Issuers shall have any claim with respect to any assets of the other of the Co-Issuers.
Any Holder or beneficial owner of Notes, any Blocker Subsidiary or either of the Co-Issuers may seek and obtain specific performance of such restrictions (including injunctive relief), including, without limitation, in any bankruptcy, reorganization, arrangement, insolvency, moratorium or liquidation proceedings, or other proceedings under Cayman Islands law, United States federal or state bankruptcy law or similar laws.
For financial accounting reporting purposes (including each Required Report prepared pursuant to this Agreement) and the Concentration Limits and Transaction Concentration Requirements (and, for the avoidance of doubt, not for tax purposes), the Borrower will be deemed to own a Collateral Obligation, Permitted Investment or Equity Security held by a Blocker Subsidiary rather than its interest in that Blocker Subsidiary.