Material Subsidiary Guarantor definition

Material Subsidiary Guarantor means a Subsidiary Guarantor that, at the time of determination, accounts for more than 2% of both the total assets and total revenues of Holdings on a consolidated basis (and, together with all other Material Subsidiary Guarantors accounts for more than 5% of both the total assets and total revenues of Holdings on a consolidated basis).

Material Subsidiary Guarantor means each Material Subsidiary that from time to time is a party to the Subsidiary Guaranty.

Material Subsidiary Guarantor means any Subsidiary Guarantor that, as of the date of the most recent financial statements required to be delivered pursuant to Section 6.01(a) or (b) (or, prior to the first delivery thereof, on the basis of the financial information set forth in the Borrower’s most recent filed Form 10-K), individually (but including the Equity Interests of any Person owned by such Subsidiary Guarantor) constitutes (a) at least 5.0% of Consolidated Total Assets as of such date or (b) at least 5.0% of the consolidated revenues of the Borrower for the applicable Test Period.

Examples of Material Subsidiary Guarantor in a sentence

• Each Obligor and each Initial Material Subsidiary Guarantor specifically identified (without duplication) in clauses (A)(1) - (5) and (B)(1) - (4) in the definition of “Initial Material Subsidiary Guarantor” shall have delivered to such Purchaser an Officer’s Certificate, dated the date of the Closing, certifying that the conditions specified in Sections 4.1, 4.2 and 4.9 have been fulfilled.

• Notwithstanding anything to the contrary herein or in any other Finance Document, Cerro Quema (and any Cerro Quema Affiliate that may become a Material Subsidiary after the Closing Date) shall cease to be a Material Subsidiary, Guarantor and Obligor, and the provisions of this agreement and each other Finance Document shall cease to apply to Cerro Quema and each such Cerro Quema Affiliate, concurrent with closing of the Cerro Quema Project Financing.

• Each Obligor and each Initial Material Subsidiary Guarantor specifically identified (without duplication) in clauses (A)(1) - (6) and (B)(1) - (4) in the definition of “Initial Material Subsidiary Guarantor” shall have delivered to such Purchaser an Officer’s Certificate, dated the date of the Closing, certifying that the conditions specified in Sections 4.1, 4.2 and 4.9 have been fulfilled.

• Material Subsidiary Guarantor 1 Assets Owner Retail Opportunity Investments Corp.

More Definitions of Material Subsidiary Guarantor

Material Subsidiary Guarantor means (i) any Subsidiary Guarantor which is organized in a jurisdiction in which (a) the aggregate value of all Subsidiary Guarantors organized in such jurisdiction constitutes at least 10% of the Borrower Parties’ Consolidated Total Assets as of the end of the most recently completed fiscal quarter or (b) the aggregate value of all Subsidiary Guarantors organized in such jurisdiction constitutes at least 10% of the consolidated revenues of the Borrower Parties for the period of the four most recently completed fiscal quarters and (ii) any Subsidiary Guarantor which individually constitutes (a) at least 5% of the Borrower Parties’ Consolidated Total Assets as of the end of the most recently completed fiscal quarter or (b) at least 5% of the consolidated revenues of the Borrower Parties for the period of the four most recently completed fiscal quarters.

Material Subsidiary Guarantor means any Subsidiary Guarantor which individually constitutes at least 5.0% of the Borrower’s Consolidated Total Assets as of the date of the last financial statements delivered pursuant to this Agreement and, for the avoidance of doubt, OpCo shall be a Material Subsidiary Guarantor.

Material Subsidiary Guarantor means, at any time, any Subsidiary Guarantor that would at such time account for more than 5% of (i) Consolidated Total Assets as of the end of the most recently completed fiscal quarter or (ii) consolidated revenue of the Company and its Restricted Subsidiaries for the four fiscal quarters ending as of the end of the most recently completed fiscal quarter.

Material Subsidiary Guarantor any Subsidiary Guarantor (or group of Subsidiary Guarantors, if treated as a single entity) that would qualify as a “significant subsidiary” (as defined in Rule 1-02 of Regulation S-X adopted under the Securities Exchange Act of 1934, as in effect on the Closing Date) as of the end of DW Animation’s most recently completed fiscal year.

Material Subsidiary Guarantor means (i) any Subsidiary Guarantor which is organized in a jurisdiction in which (a) the aggregate value of all Subsidiary Guarantors organized in such jurisdiction constitutes at least 10% of the Dutch Borrower Parties’s Consolidated Total Assets as of the end of the most recently completed fiscal quarter or (b) the aggregate value of all Subsidiary Guarantors organized in such jurisdiction constitutes at least 10% of the consolidated revenues of the Dutch Borrower and the Restricted SubsidiariesParties for the period of the four most recently completed fiscal quarters and (ii) any Subsidiary Guarantor which individually constitutes (a) at least 5% of the Dutch Borrower Parties’s Consolidated Total Assets as of the end of the most recently completed fiscal quarter or (b) at least 5% of the consolidated revenues of the Dutch Borrower and the Restricted SubsidiariesParties for the period of the four most recently completed fiscal quarters. US-DOCS\90330440.2103232196.9

Material Subsidiary Guarantor at any date of determination, any Subsidiary Guarantor, other than Tesoro Marine Services, Inc., which (a) has total assets exceeding 15% of the consolidated total assets of the Borrower and its Subsidiaries taken as a whole or (b) has consolidated net income for the period of four consecutive fiscal quarters most recently ended on or prior to such date of determination exceeding 15% of the Consolidated Net Income of the Borrower and its Subsidiaries for such period.

Material Subsidiary Guarantor means a Subsidiary Guarantor that is a Material Subsidiary.