Mid-Tier Company definition

Mid-Tier Company means each Person listed on Schedule I-(MT) (each such Person, a "Listed MT") and each other Secondary Obligor (other than an Excluded Initial Foreign MT and any other Person (if any) specified by the Agent in writing as not constituting a Mid-Tier Company ) with a Net Asset Value of $2,000,000 or more and each general partner or manager or member (or foreign equivalent) of any of the foregoing Persons (other than any such partner, manager, member or equivalent which is the Borrower or a Primary Obligor) and each other Secondary Obligor directly or indirectly owning any Equity Interests in any of the foregoing Persons (each such general partner, manager, member or other owner of Equity Interests, an "MT Owner"), each Listed MT and MT Owner thereof to continue at all times to constitute a Mid-Tier Company (regardless of such Listed MT's Net Asset Value or the Net Asset Value of any MT Owner thereof). Any Person, other than a Listed MT or any MT Owner thereof, which at any time so constitutes a Mid-Tier Company shall continue to constitute a Mid-Tier Company until the time (if any) when the Borrower sends to the Agent written notice (a "Redesignation Notice") executed by an Executive Officer of Borrower certifying, as to such Person that the Net Asset Value of such Person (the "Subject MT") and its MT Owners is below $2,000,000 and has been below $2,000,000 for the preceding period of 90 consecutive day or more, and requesting that such Subject MT and, if specified, its MT Owners no longer constitute Mid-Tier Companies. Provided that the Borrower provides such additional information, if any, that the Agent may request with respect to such Subject MT and its MT Owners and that the Agent has not given the Borrower notice that it disputes such redesignation of such Subject MT and, if so specified by Borrower, MT Owners, within 30 days after receiving such Redesignation Notice or, if later, within 30 days after the Agent received additional information (if any) requested by it with respect to such requested redesignation, the Subject MT and such specified MT Owners (in each case, provided that no such Subject MT or MT Owner is a Listed MT or MT Owner thereof or MT Owner of any other Mid-Tier Company) shall cease to constitute a Mid-Tier Company (until, the time, if any, that such Subject MT (and/or any MT Owner thereof) again satisfies the criteria applicable to Mid-Tier Companies). For avoidance of doubt, the foregoing redesignation procedures shall not apply t...
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Examples of Mid-Tier Company in a sentence

  • In each jurisdiction in which the Securities have been so qualified, the Company, the Mid-Tier Company, the MHC and the Bank will file such statements and reports as may be required by the laws of such jurisdiction to continue such qualification in effect for a period of not less than one year from the effective date of the Registration Statement.

  • The Company, the Mid-Tier Company, the MHC and the Bank will make every reasonable effort to prevent the issuance of any stop order and, if any stop order is issued, to obtain the lifting thereof at the earliest possible moment.

  • This Agreement shall inure to the benefit of and be binding upon the Agent, the Company, the Mid-Tier Company, the MHC and the Bank and their respective successors.

  • This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Agent, the Company, the Mid-Tier Company, the MHC and the Bank and their respective successors, and said controlling persons, partners, officers and directors and their heirs, partners, legal representatives, and for the benefit of no other person, firm or corporation.

  • For the purpose of this subsection, the Company, the Mid-Tier Company, the MHC and the Bank will each furnish such information with respect to itself as the Agent may from time to time reasonably request.

  • All fees and expenses to which the Agent is entitled to reimbursement under this paragraph of this Section 4 shall be due and payable upon receipt by the Company, the Mid-Tier Company, the MHC or the Bank of a written accounting therefor setting forth in reasonable detail the expenses incurred by the Agent.

  • All representations, warranties and agreements contained in this Agreement, or contained in certificates of officers of the Company, the Mid-Tier Company, the MHC or the Bank submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Agent or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities and the Exchange Shares.

  • If the foregoing is in accordance with your understanding of our agreement, please sign and return to the Company a counterpart hereof, whereupon this instrument, along with all counterparts, will become a binding agreement between the Agent on the one hand, and the Company, the Mid-Tier Company, the MHC and the Bank on the other in accordance with its terms.

  • This Agreement and all conditions and provisions hereof and thereof are intended to be for the sole and exclusive benefit of the Agents, the Company, the Mid-Tier Company, the MHC and the Bank and their respective successors, and said controlling persons, partners, officers and directors and their heirs, partners, legal representatives, and for the benefit of no other person, firm or corporation.

  • In the event the Agent incurs any such fees and expenses on behalf of the Company, the Mid-Tier Company, the MHC or the Bank, the Bank will reimburse the Agent for such fees and expenses whether or not the Conversion is consummated; provided, however, that the Agent shall not incur any substantial expenses on behalf of the Company, the Mid-Tier Company, the MHC or the Bank pursuant to this Section without the prior approval of the Bank.