Unrestricted Subsidiary. 6 U.S. Government Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 vice president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
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. Delete the definition of Unrestricted Subsidiary and replace it with the following:
Unrestricted Subsidiary. Broadway Associates is designated an “Unrestricted Subsidiary” under the Indenture dated as of September 23, 2009 among the Company, the Initial Guarantor and Wilmington Trust FSB, as trustee, the Indenture dated as of April 5, 2010 among the Company, the Initial Guarantor and Wilmington Trust FSB, as trustee, the Indenture dated as of September 16, 2010 among the Company, the Initial Guarantor and Wilmington Trust FSB, as trustee and the Indenture. Any certificate signed by an officer of the Company or the Initial Guarantor and delivered to the Initial Purchasers or to counsel for the Initial Purchasers shall be deemed to be a representation and warranty by the Company or the Initial Guarantor to each Initial Purchaser as to the matters set forth therein.
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 amend the definition of Unrestricted Subsidiary to provide that it means each Subsidiary of UPC Broadband that is not an Obligor and which is designated by UPC Broadband in writing as an Unrestricted Subsidiary (and such that there is no requirement to ensure that such entity’s acquisition cost and on-going funding requirements are not funded directly or indirectly (in whole or in part) by any member of the Borrower Group by way of drawings under the Facilities).
Unrestricted Subsidiary. Each Subsidiary of the Borrower as to which (a) ------------ ---------- the Board of Directors of the Borrower has designated such Subsidiary as an Unrestricted Subsidiary at or prior to the time such Subsidiary is formed or acquired by the Borrower, as the case may be, and the Borrower has provided written notice to the Agent in reasonable detail of such designation within five (5) Business Days after designation thereof; (b) the Borrower owns not less than eighty percent (80%) of the capital stock of such Subsidiary and eighty percent (80%) of the Voting Stock of such Subsidiary; (c) such Subsidiary has become a party to the Tax Sharing Agreement; (d) all of such Subsidiary's liabilities are non-recourse as to AmeriKing, Holdings, the Borrower or any Restricted Subsidiary; and (e) no Jordan Principal owns capital stock of such Subsidiary (except indirectly through Holdings or AmeriKing).