Non-Guarantor Subsidiaries means, as of any date of determination, a collective reference to:
Non-Guarantor Subsidiaries means (a) any Immaterial Subsidiary, (b) any Subsidiary that is prohibited by applicable Law or Contractual Obligations existing on the Closing Date and not entered into in contemplation of the Acquisition (or, in the case of any newly acquired Subsidiary, in existence at the time of acquisition but not entered into in contemplation thereof) from providing a Guaranty of the Secured Obligations or if guaranteeing the Secured Obligations would require governmental (including regulatory) consent, approval, license or authorization (unless such consent, approval, license or authorization has been obtained), (c) any other Subsidiary with respect to which, in the reasonable judgments of the Borrower and the Administrative Agent, the cost (including any adverse tax consequences) of providing a Guaranty shall be excessive in view of the benefits to be obtained by the Lenders therefrom and (d) any CFC Holdco of the Borrower.
Non-Guarantor Subsidiaries means (x) any Unrestricted Subsidiary, (y) any Receivables Subsidiary and (z) any Subsidiary of the Company that does not guarantee the Company’s Obligations under the Credit Agreement and does not guarantee any Indebtedness of the Company or a Subsidiary Guarantor of $25.0 million or more. The Board of Directors of the Company may designate any Restricted Subsidiary as a Non-Guarantor Subsidiary by filing with the Trustee a certified copy of a resolution of such Board of Directors giving effect to such designation and an Officers’ Certificate certifying as to the applicable clause of the definition of Non-Guarantor Subsidiaries that warrants such designation.
Examples of Non-Guarantor Subsidiaries in a sentence
The Adjusted EBITDA and the total Assets of the Non-Guarantor Subsidiaries shall never represent more than fifteen percent (15%) of (i) the Adjusted EBITDA of the Borrower, or (ii) the total Assets of the Borrower, each on a consolidated basis.
More Definitions of Non-Guarantor Subsidiaries
Non-Guarantor Subsidiaries means Domestic Subsidiaries which are not Guarantors (other than any Securitization Subsidiary).
Non-Guarantor Subsidiaries means, at any time, any Subsidiary of the Restricted Parent that at such time (1) is an Unrestricted Subsidiary, (2) is an Excluded Subsidiary, (3) is not a Wholly Owned U.S. Subsidiary or (4) has not created, incurred, issued, assumed, guaranteed or otherwise become directly or indirectly liable, contingently or otherwise, with respect to any Indebtedness that is owed or otherwise outstanding at such time. The Board of Directors of the Restricted Parent may designate any Subsidiary of the Restricted Parent as a Non-Guarantor Subsidiary by filing with the Trustee a certified copy of a resolution of such Board of Directors giving effect to such designation and an Officer’s Certificate certifying as to the applicable clause of the definition of “Non-Guarantor Subsidiaries” that warrants such designation.
Non-Guarantor Subsidiaries means (i) on the Restatement Effective Date, each Subsidiary of the U.S. Borrower listed on Part A of Schedule XIII and (ii) after the Restatement Effective Date, any Subsidiary of the U.S. Borrower that is not at such time a Subsidiary Guarantor.
Non-Guarantor Subsidiaries is defined in Section 7.10.
Non-Guarantor Subsidiaries means each Restricted Subsidiary that is not a Guarantor.
Non-Guarantor Subsidiaries has the meaning assigned to such term in Section 11.09.
Non-Guarantor Subsidiaries means (i) on the Amendment No. 4 Effective Date, each Subsidiary of the U.S. Borrower listed on Part A of Schedule XIII and (ii) after the Amendment No. 4 Effective Date, any Subsidiary of the U.S. Borrower that is not at such time a Subsidiary Guarantor.