Additional Borrower Clause Samples

Additional Borrower. If such extension of credit is the first extension of credit requested by an Additional Borrower, the conditions contained in Section 5.3 have been satisfied with respect to such Additional Borrower.

Additional Borrower. The Borrower may at any time, upon not less than 30 Business Days’ (or such shorter period as may be reasonably acceptable to the Administrative Agent but in no event less than 10 Business Days’) prior written notice to the Administrative Agent and the Lenders, request that a newly formed Subsidiary of the Borrower (the “Additional Borrower”) which (i) is formed under the laws of any state of the United States of America or the District of Columbia and (ii) upon becoming a Borrower hereunder will own and Control, directly or indirectly through one or more Intermediate Subsidiaries, a majority of the aggregate ordinary voting power represented by the issued and outstanding Equity Interests of each of the Guarantors, be permitted to become a co-borrower hereunder with authority to borrow Loans and request Letters of Credit. The Additional Borrower shall not be permitted to become a Borrower hereunder or to borrow Loans or request Letters of Credit until the following conditions precedent have been satisfied: (a) the Administrative Agent shall have received a joinder agreement in form and substance satisfactory to the Administrative Agent pursuant to which the Additional Borrower joins this Agreement as a Borrower and becomes a party to any other applicable Loan Document; (b) the Administrative Agent shall have received on behalf of the Lenders, the Issuing Banks and the other Secured Parties such supporting resolutions, incumbency certificates, opinions of counsel and other documents or information, substantially similar in form to the same delivered in connection with the closing of this Agreement or otherwise in form and substance satisfactory to the Administrative Agent, as may be reasonably required by the Administrative Agent or the Required Lenders in connection with the Additional Borrower becoming a Borrower hereunder, and Notes executed by the Additional Borrower (except in the case of any Lender that has notified the Administrative Agent that it elects not to receive any Notes); (c) no Default or Event of Default shall exist as of the date the Additional Borrower is to become a Borrower, or would exist immediately after giving effect thereto; (d) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party, shall, assuming the Additional Borrower has become a Borrower, be true and correct in all material respects (except in the case of a representation or warr...

Additional Borrower. In the case of the Company, at all times while the Additional Borrower is a borrower hereunder, ensure that the Additional Borrower is a Wholly Owned Subsidiary of the Company.

Additional Borrower. 25.2.1 Subject to compliance with the provisions of Clauses 20.8.2 and 20.8.3, the Company may request that any of its wholly owned Subsidiaries becomes an Additional Borrower. That Subsidiary shall become an Additional Borrower if: (a) all the Lenders approve the addition of that Subsidiary; (b) the Company delivers to the Lender a duly completed and executed Accession Letter; (c) the Company confirms that no Default is continuing or would occur as a result of that Subsidiary becoming an Additional Borrower; and (d) the Lender has received all of the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent) in relation to that Additional Borrower, each in form and substance satisfactory to the Lender. 25.2.2 The Lender shall notify the Company promptly upon being satisfied that it has received (in form and substance satisfactory to it) all the documents and other evidence listed in Part II of Schedule 2 (Conditions precedent).

Additional Borrower. As of the date hereof, TapInfluence hereby joins the Business Financing Agreement and all other Existing Documents as a ìBorrowerî thereunder and hereunder and each reference to ìBorrowerî in the Existing Documents, and herein shall mean and refer to each of IZEA, Ebyline and TapInfluence, individually and collectively. Any reference in the Existing Documents to Borrower, IZEA and Ebyline, or other terms that refer to a Borrower shall also mean and refer to TapInfluence, and Borrowers and Lender acknowledge and agree that the Existing Documents shall remain in full force and effect in accordance with their terms. TapInfluence (i) assumes, as a joint and several obligor thereunder, all of the Obligations, liabilities and indemnities of a Borrower under the Business Financing Agreement and all other Existing Documents, and (ii) covenants and agrees to be bound by and adhere to all of the terms, covenants, waivers, releases, agreements and conditions of or respecting to a Borrower with respect to the Existing Documents and all other representations and warranties contained in the Business Financing Agreement and the other Existing Documents with respect to a Borrower. Without limiting the generality of the foregoing, TapInfluence grants Lender a security interest in the Collateral described in the Business Financing Agreement to secure performance and payment of all Obligations under the Business Financing Agreement, and authorizes Lender to file financing statements with all appropriate jurisdictions to perfect or protect Lender’s interest or rights hereunder and under the Existing Documents. In addition, within 60 days from the date hereof, TapInfluence shall establish and maintain all bank accounts (including, without limitation, TapInfluence’s existing checking account maintained at Square 1) at Lender.

Additional Borrower. The Company designates the Additional Borrower as a Borrower under the Credit Agreement.

Additional Borrower. The Primary Borrower may, at any time during the term of this Agreement (unless a Default shall have occurred and be continuing), notify the Facility Agent that a Permitted Borrower is to be designated as an additional Borrower under the Revolving Credit Facility. Such notice shall be in writing and signed by the Primary Borrower and the relevant Permitted Borrower and shall take effect in accordance with its terms on the condition that: (a) such Permitted Borrower shall have entered into an Accession Certificate with the Facility Agent which, subject to (b) below, the Facility Agent shall execute on behalf of all the parties to this Agreement (and all such parties so authorise the Facility Agent without any further consent of, or consultation with, such party); and (b) such Permitted Borrower, before entering into such an Accession Certificate, shall have fulfilled all appropriate conditions precedent, as notified to the Primary Borrower by the Facility Agent, to the satisfaction of the Facility Agent including the delivery to the Facility Agent of the documents and evidence referred to in Part C of Schedule 3 in form and substance satisfactory to the Facility Agent. Upon satisfaction of such conditions such Permitted Borrower shall become a party to this Agreement in the capacity of a Borrower in respect of the Revolving Credit Facility and shall assume all the obligations and rights of such a Borrower under this Agreement.

Additional Borrower. Solvency of Borrower; Removal of Borrower; Addition of Real Estate Asset to Borrowing Base Pool 52 §8.14. Further Assurances; Release of Liens 53 §8.15. Interest Rate Protection 53 §8.16. Environmental Indemnification 54 §8.17. Response Actions 54 §8.18. Environmental Assessments 54 §8.19. Employee Benefit Plans 55 §8.20. No Amendments to Certain Documents 55

Additional Borrower. From and after any Additional Borrower Effective Date with respect to an Additional Borrower, (i) own, hold or acquire any assets, other than equity interests in such Additional Borrower, (ii) create, incur, assume or suffer to exist any Debt or other liabilities or obligations, other than (A) liabilities or obligations existing on the Additional Borrower Effective Date and assumed by the Additional Borrower, and (B) liabilities or obligations arising by law that are also liabilities or obligations of such Additional Borrower, or (iii) engage in any business or activity, other than the ownership of equity interests in such Additional Borrower and other activities incidental thereto.