Unrestricted Subsidiary Clause Samples

Unrestricted Subsidiary. The Board of Directors of the Company may designate any Subsidiary of the Company (including any newly acquired or newly formed Subsidiary) to be an Unrestricted Subsidiary if all of the following conditions apply: (a) neither the Company nor any of its Restricted Subsidiaries provides credit support for Indebtedness of such Subsidiary (including any undertaking, agreement or instrument evidencing such Indebtedness), except Restricted Payments permitted to be made pursuant to the Section 1009 hereof, to the extent the provision of such credit support is deemed to be a Restricted Payment at the time of the provision of such credit support (b) such Subsidiary is not liable, directly or indirectly, with respect to any Indebtedness other than Unrestricted Subsidiary Indebtedness, except Restricted Payments permitted to be made pursuant to Section 1009 hereof, to the extent such Subsidiary's liability, direct or indirect, is deemed to be a Restricted Payment, (c) any Investment in such Subsidiary made as a result of designating such Subsidiary an Unrestricted Subsidiary shall not violate the provisions of Section 1019 of this Indenture and such Unrestricted Subsidiary is not party to any agreement, contract, arrangement or understanding at such time with the Company or any Restricted Subsidiary of the Company unless the terms of any such agreement, contract, arrangement or understanding are no less favorable to the Company or such Restricted Subsidiary than those that might be obtained at the time from Persons who are not Affiliates of the Company or, in the event such condition is not satisfied, the value of such agreement, contract, arrangement or understanding to such Unrestricted Subsidiary shall be deemed a Restricted Payment, and (d) such Unrestricted Subsidiary does not own any Capital Stock in any Restricted Subsidiary of the Company which is not simultaneously being designated an Unrestricted Subsidiary. Any such designation by the Board of Directors of the Company shall be evidenced to the Trustee by filing with the Trustee a Board Resolution giving effect to such designation and an Officers' Certificate certifying that such designation complies with the foregoing conditions and shall be deemed a Restricted Payment on the date of designation in an amount equal to the greater of (1) the net book value of such Investment or (2) the Fair Market Value of such Investment as determined in good faith by the Company's Board of Directors. The Board of Director...

Unrestricted Subsidiary. 12 U.S. Government Obligations.............................................................. 12

Unrestricted Subsidiary. Delete the definition of Unrestricted Subsidiary in Clause 1.1 (Definitions) and replace it with the following:

Unrestricted Subsidiary. 25 U.S. Global Note..................... 25 U.S. Government Obligations.......... 25 U.S. Physical Notes.................. 26

Unrestricted Subsidiary amend the Credit Agreement to provide that an Unrestricted Subsidiary means each Subsidiary of the Company that is not an Obligor and which is designated by the Company in writing as an Unrestricted Subsidiary.

Unrestricted Subsidiary. Section 1.01 of the Indenture is hereby amended so that the definition of "Unrestricted Subsidiary" shall read in its entirety as set forth below:

Unrestricted Subsidiary. The term "

Unrestricted Subsidiary. Notwithstanding anything to the contrary contained herein, the purchase of any portion of any Loans or Commitments by the Unrestricted Subsidiary, and the Unrestricted Subsidiary’s status as a “Lender” for all purposes under this Agreement or any other Loan Document, shall be subject to the following provisions:

Unrestricted Subsidiary. Delete the definition of Unrestricted Subsidiary in Clause 1.1 (Definitions) and replace it with the following: ““Unrestricted Subsidiary” means any Subsidiary of Sunrise HoldCo III, any Subsidiary of any Permitted Affiliate Parent and any Subsidiary of an Affiliate Subsidiary that is not an Obligor which is designated by Sunrise HoldCo III or any Permitted Affiliate Parent in writing as an Unrestricted Subsidiary.” 15.