Designated Subsidiaries. (a) DESIGNATION. The Company may at any time, and from time to time, by delivery to the Agent of a Designation Agreement duly executed by the Company and the respective Subsidiary and substantially in the form of Exhibit E hereto, designate such Subsidiary as a "Designated Subsidiary" for purposes of this Agreement and such Subsidiary shall thereupon become a "Designated Subsidiary" for purposes of this Agreement and, as such, shall have all of the rights and obligations of a Borrower hereunder. The Agent shall promptly notify each Lender of each such designation by the Company and the identity of the respective Subsidiary.
Designated Subsidiaries. (a) Xxxx xxx, from time to time by delivery to the Administrative Agent of a written notice, request to designate one or more of its direct or indirect wholly-owned Subsidiaries (other than a Subsidiary that previously was designated as a Revolving Credit Borrower but ceased to be a Revolving Credit Borrower pursuant to a resignation effected under paragraph (c) below) as a “Designated Subsidiary” for purposes of this Agreement and to have such Subsidiary have all of the rights and obligations of a Revolving Credit Borrower hereunder (a “Revolving Credit Borrower Designation”). The Administrative Agent shall promptly notify the Collateral Agent and each Revolving Credit Lender, Issuing Bank and Swing Line Lender of each Revolving Credit Borrower Designation by Xxxx and the identity of the respective Subsidiary. Each Revolving Credit Lender, Issuing Bank and Swing Line Lender shall notify the Administrative Agent, not later than 11:00 A.M. (New York City time), ten Business Days after receipt of such request (or such shorter period as the Administrative Agent may agree) whether it consents (such consent not to be unreasonably withheld or delayed) to such Revolving Credit Borrower Designation. Any failure by a Revolving Credit Lender, Issuing Bank or Swing Line Lender to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by such Person to consent to such Revolving Credit Borrower Designation. If the Administrative Agent and all the Revolving Credit Lenders, Issuing Banks and Swing Line Lenders consent to such Revolving Credit Borrower Designation and if the requirements described in paragraph (b) below are satisfied or waived, the Administrative Agent shall so notify the Collateral Agent and the Revolving Credit Borrowers and such Subsidiary shall thereupon become a “Designated Subsidiary” for purposes of this Agreement and, as such, shall have all of the rights and obligations of a Revolving Credit Borrower hereunder.
Designated Subsidiaries. 61 SECTION 9.09 Confidentiality............................................................................61 SECTION 9.10 Governing Law..............................................................................61 SECTION 9.11 Execution in Counterparts..................................................................62 SECTION 9.12
Designated Subsidiaries. (a) The Subsidiaries of Cascades listed in Schedule B hereof are hereby designated as Designated Subsidiaries.
Designated Subsidiaries. (a) The Administrative Agent and the Lenders acknowledge and agree and Celestica hereby confirms that Celestica has designated Celestica International as a Canadian Designated Subsidiary and that there are not, on the date hereof, any other Designated Subsidiaries.
Designated Subsidiaries. A Pledgor will not be obligated to comply with the provisions of this Section at any time with respect to any voting Equity Interest in a Designated Subsidiary.
Designated Subsidiaries. Notwithstanding the provisions of ----------------------- paragraph (a) above, the Borrower may at any time after the date hereof designate any Subsidiary (other than a Subsidiary holding any Station Licenses or the operating assets of any Stations) as a "Designated Subsidiary" for purposes of this Agreement, by delivering to the Administrative Agent a certificate of a senior officer of the Borrower (and the Administrative Agent shall promptly deliver a copy thereof to each Lender following receipt) identifying such Subsidiary, stating that such Subsidiary shall be treated as a "Designated Subsidiary" for all purposes hereof and certifying that, after giving effect to such designation, the Borrower will be in compliance with the provisions of this Agreement applicable to such Designated Subsidiary (including the provisions of Section 7.05(f) with respect to the type of business in which a Designated Subsidiary shall be involved and the limitations upon the aggregate amount of Investments in Designated Subsidiaries therein specified), and such designation will not result in a Default hereunder. Any Subsidiary of a Designated Subsidiary shall be deemed to be a "Designated Subsidiary".
Designated Subsidiaries. 52 SECTION 9.10. Governing Law............................................................................. 53 SECTION 9.11. Execution in Counterparts................................................................. 53 SECTION 9.12. Currency Conversion for Judgments......................................................... 53 SECTION 9.13. Jurisdiction, Etc......................................................................... 53 SECTION 9.14. Substitution of Currency.................................................................. 54 SECTION 9.15. Waiver of Jury Trial...................................................................... 55 Schedules Schedule I - List of Applicable Lending Offices Schedule II - Other Obligations Schedule III - Mortgaged Properties Schedule 3.01(b) - Disclosed Litigation Schedule 5.02(a) - Existing Liens Schedule 5.02(j) - Existing Foreign Subsidiary Debt Exhibits Exhibit A-1 - Form of Revolving Credit Note Exhibit A-2 - Form of Competitive Bid Note Exhibit B-1 - Form of Notice of Revolving Credit Borrowing Exhibit B-2 - Form of Notice of Competitive Bid Borrowing Exhibit C - Form of Assignment and Acceptance Exhibit D - Form of Designation Agreement Exhibit E - Form of Designation Letter Exhibit F-1 - Form of Opinion of Counsel for the Company Exhibit F-2 - Form of Opinion of Counsel for the Company Relating to Mortgages Exhibit G - Form of Opinion of Counsel for Designated Subsidiary Exhibit H - Form of Acceptance Agreement
Designated Subsidiaries. Administrative Entity may at any time after the Amendment No. 5 Effective Date designate any Subsidiary of a Loan Party as a Designated Subsidiary; provided that (a) immediately before and after such designation, no Event of Default or Unmatured Event of Default shall have occurred and be continuing, (b) immediately before and after such designation, the Borrower shall be in pro-forma compliance with Section 6.13, and (c) not later than 15 days after such designation, the Administrative Entity shall deliver to Agent and the Lenders an officer’s certificate designating such Subsidiary as either a CLO Management Subsidiary or an Unrestricted Subsidiary and confirming that such designation is in compliance with the terms of this Agreement.
Designated Subsidiaries. The Company may from time to time designate one or more of its Subsidiaries to have the right to borrow both Committed Loans and Competitive Loans by sending to the Administrative Agent a Notice of Designation of a Designated Subsidiary and otherwise complying with Section 6.03. Each Designated Subsidiary shall be liable for (i) the principal and interest on Loans made to it as requested in any Borrowing Request or Competitive Bid Requests signed by it or the Company on its behalf, (ii) all fees, indemnities and reimbursement obligations as set forth in this Agreement and (iii) to the extent the Designated Subsidiary is a Guarantor pursuant to Section 8.08, the obligations set forth in its Subsidiary Guaranty Agreement. No Designated Subsidiary shall be liable for any principal or interest on any Loan to another Obligor except to the extent that such Designated Subsidiary is a Guarantor pursuant to Section 8.08. The Company shall be liable for all Indebtedness of all Obligors as set forth either in this Agreement or the Parent Guaranty Agreement. As agreed to in each Notice of Designation of Designated Subsidiary executed and delivered by the Company and each Designated Subsidiary, each Designated Subsidiary appoints the Company as its agent to execute all Borrowing Requests and Competitive Bid Requests, give and receive all notices on its behalf and take whatever other action is required of it under the Loan Documents, and the Agents and Lenders are entitled to fully rely on all action taken and notices given by the Company on behalf of any Designated Subsidiary.
