Capitalization Documents. Copies of executed originals of each Capitalization Document to which Holdings is a party.
Capitalization Documents. Collectively, the formation documents (including ------------------------ without limitation any certificate of incorporation and by-laws) of the Borrower and its Subsidiaries.
Capitalization Documents. Collectively, the formation documents (including ------------------------ without limitation any certificate of incorporation and by-laws) of the Borrower and its Subsidiaries. Capitalized Leases. Leases under which the Borrower or any of its ------------------ Subsidiaries is the lessee or obligor, the discounted future rental payment obligations under which are required to be capitalized on the balance sheet of the lessee or obligor in accordance with generally accepted accounting principles.
Capitalization Documents. The Charter Documents of the Holding Company.
Capitalization Documents. Collectively, the Stockholders Agreement and the articles of organization or comparable charter documents, as the case may be, of the Company and its Subsidiaries. Capitalized Leases. Leases under which the Company or any of its Subsidiaries is the lessee or obligor, the discounted future rental payment obligations under which are required to be capitalized on the balance sheet of the lessee or obligor in accordance with generally accepted accounting principles.
Capitalization Documents. The Subordination Documents, the Management -------------- --------- Subscription Agreement, the Investor Subscription Agreement, the Executive Subscription Agreement, the Stockholders Agreement, the Certificate of Designation, the Warrant Agreement, the Registration Rights Agreement and the certificates of incorporation of AmeriKing, Holdings, the Borrower and their Subsidiaries. Capitalized Leases. Leases under which AmeriKing, Holdings, the Borrower ----------- ------ or any of their Subsidiaries is the lessee or obligor, the discounted future rental payment obligations under which are required to be capitalized on the balance sheet of the lessee or obligor in accordance with generally accepted accounting principles, provided, however, for purposes of this Credit Agreement -------- ------- all real estate leases (including the FFCA Leases) of BKC restaurants shall be considered operating leases. Cash Equivalents. Investments of the types referred to in (S)9.3(a)-(d) ---- ----------- and (j). CERCLA. See (S)7.18 hereof. ------
Capitalization Documents. 44 7.23. No Filing, Recording Required........................................... 44 7.24. No Withholding.......................................................... 44 8.
Capitalization Documents. The Borrower and each Subsidiary have delivered to the Agent true and complete copies of all of the Capitalization Documents and neither the Borrower nor any Subsidiary has amended any such documents in any material respects, except as may have been disclosed to, and consented to by, the Agent.
Capitalization Documents. The Borrower has delivered to the Agent true and complete copies of all of the Capitalization Documents and, as of the Closing Date the Borrower has not amended any such documents in any material respects, except as may have been disclosed to and consented to by the Agent.
Capitalization Documents. Borrower has provided each Bank with a true and correct copy of each of the Capitalization Documents including all amendments and modifications thereto. No material rights or obligations of any party to any of such Capitalization Documents have been waived and no Credit Party, nor to the best knowledge of Borrower, any other party to any of such Capitalization Documents, is in default of its obligations thereunder. Each of the Capitalization Documents is a valid, binding and enforceable obligation of the parties thereto in accordance with its terms and is in full force and effect. Each representation and warranty made by each Credit Party, and to the best knowledge of Borrower, by each other party to the Capitalization Documents, in the Capitalization Documents (a) was true and correct when made, and (b) will be true and correct on the Closing Date.
