Borrower Group Sample Clauses
Borrower Group. Amend the definition of Borrower Group in Clause 1.1 (Definitions) to insert “and any Subsidiary of such Affiliate Subsidiary that is designated as a member of the Borrower Group by UPC Broadband or a Permitted Affiliate Parent [(provided that such designation shall only remain in effect whilst the relevant Affiliate Subsidiary has not been the subject of an Affiliate Subsidiary Release)]6” after the reference to “Affiliate Subsidiary” in paragraph (c) of the definition of Borrower Group.
Borrower Group. Foreign Borrowers or U.S. Borrowers, as the context may require.
Borrower Group. UNILENS CORP. USA, a Delaware
Borrower Group. (a) Set forth on Schedule 4.06 is a complete and accurate list of each Group Member (other than the Borrower) on the date hereof, showing as to each such Group Member, the jurisdiction of its organization, its type of entity, its principal place of business, the nature of its primary business, its federal employer identification number, and its ownership structure. All the outstanding Capital Securities of each Group Member have been validly issued, are fully paid and nonassessable and are owned free and clear of all Liens except Permitted Liens. Each owner of Capital Securities indicated on Schedule 4.06 has the unrestricted right to vote, and (subject to limitations imposed by applicable law and this Agreement) to receive dividends and distributions on, such Capital Securities.
(b) Each Group Member (other than the Borrower) is (i) duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization and is the type of entity described in Schedule 4.06, (ii) has the power and authority to own its properties and to carry on its businesses as now conducted, (iii) is qualified to do business in every jurisdiction where such qualification is necessary and failure to qualify would have a Material Adverse Effect and (iv) has the power to execute, deliver and perform its obligations and to execute and deliver the Loan Documents to which it is a party and to perform its obligations thereunder.
Borrower Group. Each Borrower will not permit EBITDAR for its Borrower Group for any period specified therein to be less, in the aggregate, than the amount applicable for such period to such Borrower Group as set forth in Annex A across from the heading “Minimum Cumulative EBITDAR”.
Borrower Group. Individually and collectively: (a) CAI, (b) the Borrower, (c) any affiliate or subsidiary of CAI, and (d) any officer, director or other person or entity acting on behalf of any such Person set forth in clause (a), (b) or (c) with respect to this Agreement.