Examples of Non-Restricted Subsidiary in a sentence
The Issuer will not, nor will it permit any Restricted Subsidiary to, make any investment in, or transfer any assets to, a Non-Restricted Subsidiary if immediately thereafter the Issuer would be in breach of or in default in the performance of any covenant of the Issuer contained in these Terms and Conditions.
The Company will not, nor will it permit any Restricted Subsidiary to, make any investment in, or transfer any assets to, a Non-Restricted Subsidiary if immediately thereafter the Company would be in breach of or in default in the performance of any covenant or warranty of the Company contained in this Indenture.
Any redesignation of a Non-Restricted Subsidiary as a Restricted Subsidiary shall be deemed for purposes of this Section 4.08 to be an incurrence of Indebtedness by the Company and its Restricted Subsidiaries of the Indebtedness of such Non-Restricted Subsidiary as of the time of such redesignation to the extent such Indebtedness does not already constitute Indebtedness of the Company or one of its Restricted Subsidiaries.
Except as hereby expressly amended, the Indenture is in all respects ratified and confirmed and all the terms, provisions and conditions thereof shall be and remain in full force and effect (including any Subsidiary which shall have been designated by the Board of Directors as a Non-Restricted Subsidiary as of the date hereof).
Such Note Guarantee shall be substantially in the form of Exhibit E and shall be accompanied by a Supplemental Indenture substantially in the form of Exhibit F, along with such other opinions, certificates and documents as required under this Indenture; provided, however, that any Subsidiary that has been properly designated as a Non-Restricted Subsidiary in accordance with Section 4.17 need not execute a Note Guarantee for so long as it continues to constitute a Non-Restricted Subsidiary.