Common use of Additional Subsidiary Guarantors Clause in Contracts

Additional Subsidiary Guarantors. Pursuant to Section 5.09 of the Five Year Credit Agreement, each applicable Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, after the date hereof, by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunder. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Edwards Lifesciences Corp), Five Year Credit Agreement (Edwards Lifesciences Corp)

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Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of --------------------------------- the Five Year Credit Agreement, each applicable Subsidiary of the Company Holdings which is also a Subsidiary Loan Party that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary other Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Guarantee Agreement (Laralev Inc), Guarantee Agreement (Advance Stores Co Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.11 of the Five Year Credit Agreement, each applicable Domestic Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Domestic Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument a Supplement in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument Supplement adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Actuant Corp), Subsidiary Guarantee Agreement (Applied Power Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.14 of the Five Year Credit Agreement, each applicable Subsidiary of the Company (an "ADDITIONAL SUBSIDIARY") that was not in existence or not such a Subsidiary subsidiary on the date of the Five Year Credit Agreement thereof is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiarysubsidiary. Upon execution and delivery, after the date hereof, by the Administrative Collateral Agent and such a an Additional Subsidiary of an instrument in the form of Annex 1 hereto1, such Additional Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunder. The execution and delivery of any such instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Additional Subsidiary Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Security Agreement (Jato Communications Corp), Security Agreement (Jato Communications Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of -------------------------------- the Five Year Credit Agreement, each applicable Subsidiary of the Company Holdings which is also a Subsidiary Loan Party that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary other Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Western Auto Supply Co/), Guarantee Agreement (Western Auto Supply Co/)

Additional Subsidiary Guarantors. Pursuant Subject to the provisions of Section 5.09 5.11(b) of the Five Year Credit Agreement, each applicable Domestic Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, after the date hereof, by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunder. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Indemnity, Subrogation and Contribution Agreement (Applied Power Inc), Contribution Agreement (Actuant Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of the Five Year Credit Agreement, each applicable Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Security Agreement (Hechinger Co), Credit Agreement (Hechinger Co)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of the Five Year Credit Agreement, each applicable certain Subsidiary of the Company Loan Parties that was were not in existence or not such a Subsidiary Loan Parties on the date of the Five Year Credit Agreement is are required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary Loan Party shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary other Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Alamosa Properties Lp), Credit Agreement (Alamosa Holdings Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.10 of the Five Year Credit Agreement, each applicable Subsidiary of the Company (other than any Foreign Subsidiary) that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement Second Restatement Closing Date is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument a Supplement in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument Supplement adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary other Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Cross Country Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 of the Five Year Credit Agreement, each applicable Subsidiary that is a Material Subsidiary of the Company Canadian Parent that was not in existence or not such a Material Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiaryGuarantor. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Canadian Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Security Agreement (Oil States International, Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 of the Five Year Amended and Restated Credit Agreement, each applicable any additional Subsidiary of the Company Loan Party that was not in existence is formed or not such a Subsidiary on acquired after the date of the Five Year Credit Agreement hereof is required to enter into this Agreement as a Subsidiary Guarantor and Grantor upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 1 hereto1, such Subsidiary Loan Party shall become a Subsidiary Guarantor and Grantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderand Grantor herein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor and Grantor as a party to this Agreement shall not require the consent of any Subsidiary Guarantor other Grantor hereunder. The rights and obligations of each Subsidiary Guarantor Grantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor and Grantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Alliant Techsystems Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 of the Five Year Credit AgreementSecond Priority Debt Documents, each applicable Domestic Subsidiary of the Company Borrower that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement hereof is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Agent Second Priority Collateral Trustee and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Second Priority Subsidiary Guarantee Agreement (Rite Aid Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.08 of the Five Year Senior Credit AgreementFacility, each applicable Domestic Subsidiary of the Company Borrower that was not in existence or not such a Subsidiary on the date of the Five Year Senior Credit Agreement Facility is required to enter into this the Senior Subsidiary Guarantee Agreement as a Subsidiary Guarantor upon becoming such a Domestic Subsidiary. Upon execution and delivery, after the date hereof, by the Administrative Senior Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunder. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subrogation and Contribution Agreement (Rite Aid Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 of the Five Year Credit Agreement, each applicable Restricted Subsidiary of the Company (other than any Foreign Subsidiary) that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument a Supplement in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument Supplement adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Playboy Enterprises Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of the Five Year Credit Agreement, each applicable Subsidiary of the Company Loan Party that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiarySubsidiary Loan party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Huntsman Packaging Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 of the Five Year Amended and Restated Credit Agreement, each applicable any additional Subsidiary of the Company Loan Party that was not in existence is formed or not such a Subsidiary on acquired after the date of the Five Year Credit Agreement hereof is required to enter into this Agreement as a Subsidiary Guarantor and Pledgor upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 1 hereto1, such Subsidiary Loan Party shall become a Subsidiary Guarantor and Pledgor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderand Pledgor herein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor and Pledgor as a party to this Agreement shall not require the consent of any Subsidiary Guarantor other Pledgor hereunder. The rights and obligations of each Subsidiary Guarantor Pledgor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor and Pledgor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Alliant Techsystems Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.11 of the Five Year Credit Agreement, each applicable Domestic Subsidiary of the Company Borrower that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Intersil Holding Co)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.11 of the Five Year Credit Agreement, each applicable Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is (and the requirement thereunder that all actions be taken in order to cause the Collateral and Guarantee Requirement to be satisfied at all times), certain Subsidiaries are required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiarythe occurrence of certain events. Upon execution and delivery, after the date hereof, by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 heretoI, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunder. The execution and delivery of any such instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Indemnity, Subrogation and Contribution Agreement (Graftech International LTD)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 subsection 5.10 of the Five Year Credit Agreement, Borrower is required to cause each applicable Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this the Guarantee Agreement as a Subsidiary Guarantor upon becoming such a SubsidiarySubsidiary that is a Subsidiary Loan Party. Upon execution and delivery, after the date hereof, by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunder. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Burlington Industries Inc /De/)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.11 of the Five Year Credit Agreement, each applicable Domestic Subsidiary of the Company that was not in existence or was not such a Domestic Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Domestic Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Terex Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.11 of the Five Year Credit Agreement, each applicable Subsidiary of the Company Loan Party that was not in existence or not such a Subsidiary Loan Party on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 1 hereto1, such Subsidiary Loan Party shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Phillips Van Heusen Corp /De/)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of the Five Year Credit Agreement, the Borrower is required to cause each applicable Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiarySubsidiary that is a Subsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent 9 9 and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (Donjoy LLC)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of the Five Year Credit Agreement, each applicable Subsidiary Loan Party (other than a Foreign Subsidiary not organized under the laws of the Company Canada or any province thereof) that was not in existence or not such a Subsidiary Loan Party on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Pliant Corp)

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Additional Subsidiary Guarantors. Pursuant to Section 5.09 of the Five Year Credit Agreement, each applicable Domestic Subsidiary that is a Material Subsidiary of the Company U.S. Borrower that was not in existence or not such a Material Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiaryGuarantor. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative U.S. Collateral Agent and such a Domestic Subsidiary of an instrument in the form of Annex 1 hereto1, such Domestic Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Security Agreement (Oil States International, Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of the Five Year Credit Agreement, each applicable Subsidiary of the Company Borrower which is also a Subsidiary Loan Party that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement or was an Inactive Subsidiary is required to enter into this Agreement as a Subsidiary Guarantor (or upon ceasing to be an Inactive Subsidiary) upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Subsidiary Guarantor hereunder with effect from and after the same force date of such execution and effect as if originally named as a Subsidiary Guarantor hereunderdelivery. The execution and delivery of any such instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary other Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Crew J Operating Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 --------------------------------- 5.10 of the Five Year Credit Agreement, each applicable U.S. Material Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Material Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Agent and such a Material Subsidiary of an instrument in the form of Annex 1 hereto1, such Material Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Unisource Worldwide Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 of the Five Year Amended and Restated Credit Agreement, each applicable any additional Subsidiary of the Company Loan Party that was not in existence is formed or not such a Subsidiary on acquired after the date of the Five Year Credit Agreement hereof is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 1 hereto1, such Subsidiary Loan Party shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Alliant Techsystems Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of the Five Year Credit Agreement, each applicable Subsidiary of the Company Loan Party that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (Huntsman Packaging of Canada LLC)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of the Five Year Credit Agreement, each applicable Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiarySubsidiary that is a Subsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Execution (Lpa Services Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.11 of the Five Year Credit Agreement, each applicable Domestic Subsidiary of the Company Borrower that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this the Subsidiary Guarantee Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, after the date hereof, by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunder. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subrogation and Contribution Agreement (Century Maintenance Supply Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.08 of the Five Year Senior Credit AgreementFacility, each applicable Subsidiary of the Company Borrower that was not in existence or not such a Subsidiary on the date of the Five Year Senior Credit Agreement Facility is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Senior Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Senior Subsidiary Guarantee Agreement (Rite Aid Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.08 of the Five Year Senior Credit AgreementFacility, each applicable Subsidiary certain Domestic Subsidiaries of the Company Borrower that was were not in existence or not such a Subsidiary on the date of the Five Year execution of Senior Credit Agreement is Facility are required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Senior Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Senior Subsidiary Guarantee Agreement (Rite Aid Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 the Second Priority Debt Documents, certain Domestic Subsidiaries of the Five Year Credit Agreement, each applicable Subsidiary of the Company Borrower that was were not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is Second Priority Debt Documents are required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Agent Second Priority Collateral Trustee and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Second Priority Subsidiary Guarantee (Rite Aid Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 the Second Priority Debt Documents, certain Domestic Subsidiaries of the Five Year Credit Agreement, each applicable Subsidiary of the Company Borrower that was were not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is Restatement Effective Date are required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a wholly owned Domestic Subsidiary. Upon execution and delivery, delivery after the date hereof, Restatement Effective Date by the Administrative Agent Second Priority Collateral Trustee and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Second Priority Subsidiary Guarantee Agreement (Rite Aid Corp)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.10 of the Five Year Credit Agreement, each applicable Domestic Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement Second Restatement Closing Date is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, after the date hereof, by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunder. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Cross Country Inc

Additional Subsidiary Guarantors. Pursuant to Section 5.09 of the Five Year Credit Agreement, each applicable Domestic Restricted Subsidiary of the Company that was not in existence or not such a Subsidiary on the date of the Five Year Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a Subsidiary. Upon execution and delivery, after the date hereof, by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunder. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Contribution Agreement (Playboy Enterprises Inc)

Additional Subsidiary Guarantors. Pursuant to Section 5.09 5.12 of the Five Year Existing Credit Agreement and Section 5.12 of the New Credit Agreement, each applicable Subsidiary of the Company Loan Party that was not in existence or not such a Subsidiary Loan Party on the date of the Five Year such Credit Agreement is required to enter into this Agreement as a Subsidiary Guarantor upon becoming such a SubsidiarySubsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Administrative Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary Loan Party shall become a Subsidiary Guarantor hereunder with the same force and effect as if originally named as a Subsidiary Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Subsidiary Guarantor as a party to this Agreement shall not require the consent of any other Subsidiary Guarantor hereunder. The rights and obligations of each Subsidiary Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Subsidiary Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subsidiary Guarantee Agreement (McLeodusa Inc)

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