Existing Foreign Subsidiary definition
Examples of Existing Foreign Subsidiary in a sentence
Schedule 4.25 sets forth as of the date of this Agreement a list of all Subsidiaries and Existing Foreign Subsidiaries and the number and percentage of the shares of each class of Equity Interests owned beneficially or of record by the Credit Parties or any Subsidiary or Existing Foreign Subsidiary therein, and the jurisdiction of incorporation of each Subsidiary and Existing Foreign Subsidiary.
Schedule 4.25 sets forth as of the date of this Agreement a list of all Subsidiaries and Existing Foreign Subsidiaries and the number and percentage of the shares of each class of Equity Interests owned beneficially or of record by the Borrowers or any Subsidiary or Existing Foreign Subsidiary therein, and the jurisdiction of incorporation of each Subsidiary and Existing Foreign Subsidiary.
If any DIP Lender is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Existing Foreign Subsidiary or the Domestic Non-Debtor any amount (a "Recovery"), then the DIP Lender Claims shall be reinstated to the extent of such Recovery and the DIP Lenders shall be entitled to receive payment in full of all such recovered amounts.
All references to the Existing Foreign Subsidiaries or the Domestic Non-Debtor shall include any Existing Foreign Subsidiary or the Domestic Non-Debtor as debtor and debtor-in-possession and any receiver or trustee for any Existing Foreign Subsidiary or the Domestic Non-Debtor (as the case may be) in any Insolvency or Liquidation Proceeding.
All Liens on the Common Collateral securing the DIP Lender Claims shall be and remain senior to all Liens on the Common Collateral securing the Non-Stayed Pre-Petition Lender Claims for all purposes, whether or not such Liens securing the DIP Lender Claims are junior to any Lien securing any other obligation of any Existing Foreign Subsidiary or the Domestic Non-Debtor.
The Escrow Agent shall not be required to keep itself informed as to the performance or observance by the Domestic Non-Debtor or any Existing Foreign Subsidiary of this Intercreditor Agreement, the Common Collateral Documents, the DIP Lender Documents, the Pre-Petition Lender Documents or any other documents referred to or provided for herein or to inspect the properties or books of the Domestic Non-Debtor or any Existing Foreign Subsidiary.