Borrower Subsidiaries. The Borrower Subsidiaries (a) are duly organized and validly existing limited liability companies and are in good standing under the laws of the State of their organization, and (b) have the full power and authority and the legal right to own their property and to conduct their business in the manner in which it is now conducted or hereafter contemplates conducting its business. The ownership of the membership interests of those Borrower Subsidiaries currently in existence are correctly set forth in Exhibit I attached hereto.
Borrower Subsidiaries. To the extent permitted by this Agreement, it is anticipated that Borrower may create and invest in Borrower Subsidiaries for the purpose of developing and operating certain of the Projects and otherwise conducting the ordinary course of business of Borrower and the Projects, including, but not limited to the herein named Borrower Subsidiaries. Borrower, each Borrower Subsidiary and Lender agree that each Borrower Subsidiary shall be subject to and restricted by all the terms and conditions of this Agreement and the other Loan Documents to the same extent as Borrower, including restrictions relating to the establishment of Deposit Accounts, Lenders’ interests therein and control thereof. Additionally, Borrower, each Borrower Subsidiary and Lender agree that all of Borrower Subsidiary’s interest (other than the interest of any Borrower Subsidiary that is a foreign subsidiary (or any domestic subsidiary substantially all of the assets of which consist directly or indirectly of Equity Interests in any foreign subsidiary)) in any Collateral shall be subject to the Lender lien on and security interest therein and upon the creation of any other Borrower Subsidiary, Borrower shall assign and pledge to Agent Lender all Borrower’s ownership interests in such Borrower Subsidiary by executing a document substantially in the same form as the Pledge of Membership Interest and such other documentation as reasonably required by Agent Lender.
Borrower Subsidiaries. If the Borrower forms or acquires any subsidiaries ("Subsidiaries"), at the Lenders' request, the Borrower agrees to (i) cause the Subsidiaries to guarantee the Obligations and (ii) pledge the stock of the Subsidiaries to the Lenders.
Borrower Subsidiaries. Each Borrower is a Subsidiary of AMS.
Borrower Subsidiaries. The direct and indirect subsidiaries of the Borrowers as of the Closing Date, and all subsidiaries thereafter created or acquired.
Borrower Subsidiaries. (i) Each Borrower Subsidiary is in compliance with the covenants set forth in Sections 5.01(a), (b), (c), (d), (u), (v), (x), and (ff), in each case as if such covenants were applicable directly to such Borrower Subsidiary.
Borrower Subsidiaries. Unless otherwise agreed to by the Bank, the Borrowers shall, immediately upon any Investment in a new Subsidiary permitted under this Agreement, revise SCHEDULE 4(j) hereto to reflect the formation or acquisition of each new Subsidiary and shall cause each new Subsidiary in which any Borrower invests immediately upon such Investment, to execute and deliver to the Bank, an Instrument of Adherence (Credit Agreement), in substantially the form of EXHIBIT G attached hereto (an "Instrument of Adherence") together with a legal opinion and other documents and instruments necessary to demonstrate the due authorization, execution and delivery by such new Subsidiary of such Instrument of Adherence (Credit Agreement), including (i) resolutions of the board of Directors or equivalent body of such new Subsidiary and the charter and by-laws (or the equivalent thereof) of such new Subsidiary, certified by an officer of such new Subsidiary, (ii) a good standing certificate of such new Subsidiary in its jurisdiction of incorporation, (iii) a certificate of the secretary or an assistant secretary of such new Subsidiary certifying the names and true signatures of the officers of such new Subsidiary authorized to sign the Instrument of Adherence (Credit Agreement), and a Security Agreement and related Perfection Certificate in the form of EXHIBIT C hereto, and (iv) such other documents as the Bank may reasonably request. Upon delivery of the aforementioned documents, such new Subsidiary shall become a Borrowing Subsidiary and a Borrower hereunder and, except as otherwise agreed to by the Bank, shall comply with and be bound by all of the terms and conditions of the Loan Documents as a Borrower thereunder, and the Borrowers shall cause such new Subsidiary to take all actions which it would have been required to make or take had it been a Borrowing Subsidiary and a Borrower on the Closing Date, including making all representations and warranties as a Borrower under each of the Loan Documents.
Borrower Subsidiaries. For purposes of this Agreement, “Borrower Subsidiaries” shall mean, individually and collectively, PrimeSource and WWYH.
Borrower Subsidiaries. As of the Closing Date, set forth on Schedule 5.13 is the complete and accurate legal name of each of the Borrower and its Subsidiaries, together with each such Person’s jurisdiction of organization.
Borrower Subsidiaries. The Unrecovered Investment of any and all members of the Holdings Group in Partially-Owned Subsidiaries does not exceed $20,000,000. Except for such Partially-Owned Subsidiaries, each Borrower Subsidiary is Wholly-Owned by the Borrower.
