Borrower and Subsidiaries. All of the Subsidiaries of the Borrower as of the Effective Date are listed on Schedule 3.15, which schedule sets forth the name and jurisdiction of formation of the Borrower and each Subsidiary and, as to each such Subsidiary, the percentage of each class of Capital Stock of such Subsidiary owned by the Borrower or any of its other Subsidiaries as of the Effective Date.”.
Borrower and Subsidiaries. 6.18 Off-Balance Sheet Liabilities
Borrower and Subsidiaries of Borrower may merge or consolidate with any Person as necessary to consummate Acquisitions permitted hereunder; provided that if Borrower is party to transaction, Borrower shall be the surviving Person;
Borrower and Subsidiaries. 6.18 Off-Balance Sheet Liabilities 8.01 Existing Liens 8.02 Investments 8.03 Existing Indebtedness 11.02 Administrative Agent’s Office, Certain Addresses for Notices EXHIBITS Form of A Committed Loan Notice B Swing Line Loan Notice C Note D Compliance Certificate E Assignment and Assumption CREDIT AGREEMENT This CREDIT AGREEMENT (“Agreement”) is entered into as of September 27, 2011, among TECH DATA CORPORATION, a Florida corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer. The Borrower has requested that the Lenders party hereto provide a revolving credit facility for the purposes set forth herein, and such Lenders are willing to do so on the terms and conditions set forth herein. In connection of the mutual covenants and agreements contained herein, the parties hereto agree and covenant as follows:
Borrower and Subsidiaries. 6.18 Off-Balance Sheet Liabilities 8.01 Existing Liens 8.02 Investments 8.03 Existing Indebtedness
Borrower and Subsidiaries. All of the Subsidiaries of Borrower as of the Closing Date are identified in SCHEDULE 7.1. The capital stock or other equity interests of each of the Subsidiaries of Borrower identified in SCHEDULE 7.1 is duly authorized, validly issued, fully paid, and nonassessable and none of such capital stock or other equity interests constitutes Margin Stock. Borrower and each of the Subsidiaries of Borrower identified in SCHEDULE 7.1 are duly organized, validly existing, and in good standing under the laws of their respective jurisdictions of organization set forth therein, has full corporate power and authority to own their assets and properties and to operate their business as presently owned and conducted and as proposed to be conducted, and are qualified to do business and in good standing in every jurisdiction where their assets are located and wherever necessary to carry out their business and operations, in each case except where failure to be so qualified or in good standing or a lack of such corporate power and authority has not had and will not have a Material Adverse Effect. SCHEDULE 7.1 correctly sets forth the ownership interest of Borrower in each of its Subsidiaries identified therein.
Borrower and Subsidiaries. With respect to the Borrower and each of its Subsidiaries, engage at any time in any business or business activity other than the business conducted by it on the date hereof and business activities reasonably incidental or related thereto.
Borrower and Subsidiaries. The Disclosure Schedule (as it may be supplemented from time to time by the Borrower) sets forth (a) the corporate organizational chart of the Borrower and its Subsidiaries; (b) the names and jurisdictions of incorporation of each of the Subsidiaries, their respective share capital or other ownership interests, the percentage of the outstanding shares or ownership interests of each Subsidiary which are legally and beneficially owned (whether directly or indirectly) by the Borrower and the details of such ownership and whether or not such Subsidiary is a Minor Subsidiary, and (c) the location of the Borrowers’ and the Subsidiaries’ respective places of business and assets and (except for NACG Finance LLC) the locations of their respective chief executive offices.
Borrower and Subsidiaries. (a) Except as disclosed on Schedule 8.20, Borrower and its Subsidiaries are engaged only in the business of operating restaurants and franchising others to operate restaurants.
Borrower and Subsidiaries. 6.18 Off-Balance Sheet Liabilities 8.01 Existing Liens 8.02 Investments 8.03 Existing Indebtedness 8.09 Existing Burdensome Agreements 11.02 Administrative Agent’s Office, Certain Addresses for Notices EXHIBITS Form of: A Committed Loan Notice B Swing Line Loan Notice C Note D Compliance Certificate E Assignment and Assumption F U.S. Tax Compliance Certificates G Letter of Credit Report H Solvency Certificate This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of November 2, 2016, among TECH DATA CORPORATION, a Florida corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer. The Borrower, the lenders party thereto and Bank of America, N.A., as administrative agent, have entered into that certain Amended and Restated Credit Agreement dated as of November 5, 2015 (as amended or modified from time to time prior to the date hereof, the “Existing Credit Agreement”). The parties hereto wish to amend and restate the Existing Credit Agreement to make certain amendments and modifications as more fully set forth herein. In connection of the mutual covenants and agreements contained herein, the parties hereto agree and covenant as follows:
