Common use of Pursuant to Section Clause in Contracts

Pursuant to Section. 5.12 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery, after the date hereof, by the Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder.

Appears in 2 contracts

Samples: Contribution Agreement (Marketing Services Inc), Subrogation and Contribution Agreement (American Media Operations Inc)

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Pursuant to Section. 5.12 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the Guarantee this Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery, delivery after the date hereof, hereof by the Collateral 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 Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Ruby Tuesday Inc), Credit and Term Loan Agreement (Ruby Tuesday Inc)

Pursuant to Section. 5.12 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery, after the date hereof, by the Collateral Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1 I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Deltic Timber Corp), Term Loan Credit Agreement (Deltic Timber Corp)

Pursuant to Section. 5.12 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan PartySubsidiary. Upon the execution and delivery, after the date hereof, by the Collateral Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1 I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Nelson Thomas Inc)

Pursuant to Section. 5.12 5.10 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries of the Borrower that was were not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is are required to enter into the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan PartyGuarantor. Upon the execution and delivery, after the date hereof, by the Collateral Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1 I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Patriot Transportation Holding Inc)

Pursuant to Section. 5.12 5.11 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the Guarantee this Agreement as a Guarantor upon becoming a Subsidiary Loan PartySubsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Execution Copy (Bremen Bearings Inc)

Pursuant to Section. 5.12 6.22 of the Credit Agreement, each Domestic Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the this Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan PartySubsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Collateral Agent Bank and such a Subsidiary of an instrument a Supplement in the form of Annex 1 hereto1, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guarantee shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Guarantee.

Appears in 1 contract

Samples: Credit Agreement (V Band Corporation)

Pursuant to Section. 5.12 5.11 of the Credit Agreement, each Domestic Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan PartySubsidiary. Upon execution and delivery, after the date hereof, by the Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subrogation and Contribution Agreement (Hudson Respiratory Care Inc)

Pursuant to Section. 5.12 5.11 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery, after the date hereof, by the Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 1 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

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

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Pursuant to Section. 5.12 5.11 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery, after the date hereof, by the Collateral Administrative Agent and such a Subsidiary of an instrument in the form of Annex 1 I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Indemnity, Subrogation and Contribution Agreement (Exactech Inc)

Pursuant to Section. 5.12 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan PartySubsidiary. Upon execution and delivery, after the date hereof, by the Collateral Agent and such a Subsidiary of an the instrument in the form of Annex 1 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Indemnity, Subrogation and Contribution Agreement (Huntsman Packaging Corp)

Pursuant to Section. 5.12 5.10 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries of the Borrower that was were not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is are required to enter into the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan PartyGuarantor. Upon the execution and delivery, after the date hereof, by the Collateral Agent Lender and such a Subsidiary of an instrument in the form of Annex 1 I hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Patriot Transportation Holding Inc)

Pursuant to Section. 5.12 5.10 of the Credit Agreement, each Material Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into the Guarantee Agreement this Guaranty as a Guarantor upon becoming a Subsidiary Loan PartyMaterial Subsidiary. Upon execution and delivery, delivery after the date hereof, hereof by the Collateral Administrative Agent and such a Material Subsidiary of an instrument in the form of Annex 1 hereto1, such Material Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunderherein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Guaranty.

Appears in 1 contract

Samples: Security Agreement (Holly Energy Partners Lp)

Pursuant to Section. 5.12 of the Credit Agreement, Agreement each Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary Loan Party that is formed or acquired after the Effective Date is required to enter into execute the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan PartyIndemnity, Subrogation and Contribution Agreement. Upon execution and delivery, after the date hereof, by the Collateral Agent and such a Subsidiary of an instrument in the form of Annex 1 hereto, such Subsidiary shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Pledge Agreement (Great Atlantic & Pacific Tea Co Inc)

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