Electing Guarantors any Excluded Subsidiary that, at the option and in the sole discretion of the Borrower, has been designated a Subsidiary Loan Party.
Electing Guarantors means any Excluded Subsidiary that, at the option, and in the sole discretion, of the Borrower has been designated a Loan Party and is reasonably acceptable to the Administrative Agent.
Electing Guarantors means any Excluded Subsidiary that, at the option, and in the sole discretion, of the Borrower has been designated a Loan Party. “Eligible Assignee” means any Person that meets the requirements to be an assignee under Sections 11.06(b)(iii) and (v) (subject to such consents, if any, as may be required under Section 11.06(b)(iii)). “Engagement Letter” means that certain Engagement Letter, dated as of July 29, 2020, by and among Xxxxxxx Xxxxx Bank USA and the Borrower (as may be amended, restated, supplemented and otherwise modified from time to time). “Enterprise Transformative Event” means any merger, acquisition or Investment, in any such case by the Borrower or any Restricted Subsidiary that is either (a) not permitted by the terms of any Loan Document immediately prior to the consummation of such transaction or (b) if permitted by the terms of the Loan Documents (prior to giving effect to any amendments) immediately prior to the consummation of such transaction, would not provide the Borrower and its Restricted Subsidiaries with adequate flexibility under the Loan Documents for the continuation and/or expansion of their combined operations following such consummation, as reasonably determined by the Borrower acting in good faith. 26 US-DOCS\140506888.9146702970.6
More Definitions of Electing Guarantors
Electing Guarantors means any Excluded Subsidiary that, at the option, and in the sole discretion, of Parent has been designated a Loan Party and is reasonably acceptable to the Administrative Agent; provided, that no Electing Guarantors shall be re-designated as Excluded Subsidiaries to the extent an Event of Default has occurred and is continuing.
Electing Guarantors means any Excluded Subsidiary that, at the option, and in the sole discretion, of the Borrower has been designated a Loan Party. “Eligible Assignee” means any Person that meets the requirements to be an assignee under Sections 11.06(b)(iii) and (v) (subject to such consents, if any, as may be required under Section 11.06(b)(iii)). “Engagement Letter” means that certain Engagement Letter, dated as of July 29, 2020, by and among Xxxxxxx Xxxxx Bank USA and the Borrower (as may be amended, restated, supplemented and otherwise modified from time to time). “Enterprise Transformative Event” means any merger, acquisition or Investment, in any such case by the Borrower or any Restricted Subsidiary that is either (a) not permitted by the terms of any Loan Document immediately prior to the consummation of such transaction or (b) if permitted by the terms of the Loan Documents (prior to giving effect to any amendments) immediately prior to the consummation of such transaction, would not provide the Borrower and its Restricted Subsidiaries with adequate flexibility under the Loan Documents for the continuation and/or expansion of their combined operations following such consummation, as reasonably determined by the Borrower acting in good faith. “Environmental Laws” means any and all Federal, state, local, foreign and other applicable statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements or governmental restrictions relating to pollution and the protection of the environment or the release of any materials into the environment, including those related to hazardous substances or wastes, air emissions and discharges to waste or public systems. “Environmental Liability” means any liability, contingent or otherwise (including any liability for damages, costs of environmental remediation, fines, penalties or indemnities), of the Borrower, any other Loan Party or any of their respective Subsidiaries directly or indirectly resulting from or based upon (a) violation of any Environmental Law, (b) the generation, use, handling, transportation, storage, treatment or disposal of any Hazardous Materials, (c) exposure to any Hazardous Materials, (d) Release or threatened Release of any Hazardous Materials or (e) any contract, agreement or other consensual arrangement pursuant to which liability is assumed or imposed with respect to any of the foregoing. “Equity Interests” of any Person means any and...
Electing Guarantors means any Excluded Subsidiary that, at the option, and in the sole discretion, of the Borrower has been designated a Loan Party.
Electing Guarantors means any Excluded Subsidiary that, at the option, and in the sole discretion, of the Borrower has been designated a Loan Party. “Eligible Assignee” means any Person that meets the requirements to be an assignee under Sections 11.06(b)(iii) and (v) (subject to such consents, if any, as may be required under Section 11.06(b)(iii)). “Engagement Letter” means that certain Engagement Letter, dated as of July 29, 2020, by and among Xxxxxxx Xxxxx Bank USA and the Borrower (as may be amended, restated, supplemented and otherwise modified from time to time). 26 US-DOCS\146702970.0000000000.7
Electing Guarantors means any Excluded Subsidiary that, at the option, and in the sole discretion, of the Borrower, has been designated a Loan Party; provided that such designation comply with Section 6.13(d); provided further that the Administrative Agent shall have received, at least five (5) Business Days prior to any Foreign Subsidiary that has been elected by the Borrower to become an Electing Guarantor (a “Foreign Discretionary Guarantor”), all documentation and other information in respect of such Foreign Discretionary Guarantor as has been reasonably requested by the Administrative Agent or any Lender in writing that is required under applicable “know your customer” and anti-money laundering rules and regulations, including the USA PATRIOT Act.