Borrower and Subsidiaries Sample Clauses
The 'Borrower and Subsidiaries' clause defines the relationship and obligations between the main borrowing entity and its affiliated companies under a contract or loan agreement. Typically, this clause clarifies which subsidiaries are included in the agreement’s terms, such as financial reporting requirements or covenants that apply not only to the borrower but also to its subsidiaries. By specifying the scope of entities covered, the clause ensures that lenders have a clear understanding of the group’s collective responsibilities and risks, thereby preventing ambiguity about which parties are bound by the agreement.
Borrower and Subsidiaries. All of the Subsidiaries of the Borrower as of the Effective Date are listed on Schedule 3.15, which schedule sets forth the name and jurisdiction of formation of the Borrower and each Subsidiary and, as to each such Subsidiary, the percentage of each class of Capital Stock of such Subsidiary owned by the Borrower or any of its other Subsidiaries as of the Effective Date.”.
Borrower and Subsidiaries. The Disclosure Schedule (as it may be supplemented from time to time by the Borrower) sets forth (a) the corporate organizational chart of the Borrower and its Subsidiaries; (b) the names and jurisdictions of incorporation of each of the Subsidiaries, their respective share capital or other ownership interests, the percentage of the outstanding shares or ownership interests of each Subsidiary which are legally and beneficially owned (whether directly or indirectly) by the Borrower and the details of such ownership and whether or not such Subsidiary is a Minor Subsidiary, and (c) the location of the Borrowers’ and the Subsidiaries’ respective places of business and assets and (except for NACG Finance LLC) the locations of their respective chief executive offices.
Borrower and Subsidiaries. Set forth on Schedule 6.10 is a list of the exact legal name of the Borrower and its Subsidiaries, together with (a) jurisdiction of organization, (b) U.S. taxpayer identification number and organizational number, (c) a notation of which Subsidiaries constitute Material Subsidiaries and (d) if all of the Domestic Subsidiaries are not Loan Parties, the amount of Consolidated EBITDA of the Borrower and its Domestic Subsidiaries, the amount of Consolidated Revenue and the amount of Consolidated Assets contained in the Loan Parties, as such Schedule 6.10 may be updated from time to time pursuant to Section 7.02(b).
Borrower and Subsidiaries of Borrower may merge or consolidate with any Person as necessary to consummate Acquisitions permitted hereunder; provided that if Borrower is party to transaction, Borrower shall be the surviving Person;
Borrower and Subsidiaries. Off-Balance Sheet Liabilities 8.01 Existing Liens 8.02 Investments 8.03 Existing Indebtedness
Borrower and Subsidiaries. Off-Balance Sheet Liabilities 8.01 Existing Liens 8.02 Investments 8.03 Existing Indebtedness 11.02 Administrative Agent’s Office, Certain Addresses for Notices A Committed Loan Notice B Swing Line Loan Notice C Note D Compliance Certificate E Assignment and Assumption This CREDIT AGREEMENT (“Agreement”) is entered into as of September 27, 2011, among TECH DATA CORPORATION, a Florida corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer. The Borrower has requested that the Lenders party hereto provide a revolving credit facility for the purposes set forth herein, and such Lenders are willing to do so on the terms and conditions set forth herein. In connection of the mutual covenants and agreements contained herein, the parties hereto agree and covenant as follows:
Borrower and Subsidiaries. Off-Balance Sheet Liabilities
Borrower and Subsidiaries. With respect to the Borrower and each of its Subsidiaries, engage at any time in any business or business activity other than the business conducted by it on the date hereof and business activities reasonably incidental or related thereto.
Borrower and Subsidiaries. Off-Balance Sheet Liabilities 8.01 Existing Liens 8.02 Investments 8.03 Existing Indebtedness 8.09 Existing Burdensome Agreements 11.02 Administrative Agent’s Office, Certain Addresses for Notices A Committed Loan Notice B Swing Line Loan Notice C Note D Compliance Certificate E Assignment and Assumption F U.S. Tax Compliance Certificates G Letter of Credit Report H Solvency Certificate This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of November 2, 2016, among TECH DATA CORPORATION, a Florida corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer. The Borrower, the lenders party thereto and Bank of America, N.A., as administrative agent, have entered into that certain Amended and Restated Credit Agreement dated as of November 5, 2015 (as amended or modified from time to time prior to the date hereof, the “Existing Credit Agreement”). The parties hereto wish to amend and restate the Existing Credit Agreement to make certain amendments and modifications as more fully set forth herein. In connection of the mutual covenants and agreements contained herein, the parties hereto agree and covenant as follows:
Borrower and Subsidiaries the Borrower or any of its Subsidiaries shall (A) default in any payment with respect to any Indebtedness (other than the Obligations and/or any non-recourse Indebtedness), and such default shall continue after the applicable grace period, if any, specified in the agreement or instrument relating to such Indebtedness, or (B) default in the observance or performance of any agreement or condition relating to any such Indebtedness or contained in any instrument or agreement evidencing, securing or relating thereto (and all grace periods applicable to such observance, performance or condition shall have expired), or any other event shall occur or condition exist, the effect of which default or other event or condition is to cause, or to permit the holder or holders of such Indebtedness (or a trustee or agent on behalf of such holder or holders) to cause any such Indebtedness to become due prior to its stated maturity; or any such Indebtedness of the Borrower or any of its Subsidiaries shall be declared to be due and payable, or shall be required to be prepaid (other than by a regularly scheduled required prepayment or redemption, prior to the stated maturity thereof), provided that it shall not constitute an Event of Default pursuant to this clause (d)(i) unless the aggregate amount of all Indebtedness referred to in this clause (d)(i) above exceeds $2,000,000 at any one time; or