Common use of Non-Consolidation Clause in Contracts

Non-Consolidation. Holdings will and will cause each of its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entity; (ii) not commingle its funds or assets with those of any other entity which is an Affiliate of such entity; and (iii) provide that its board of directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s actions, which meetings will be separate from those of other entities.

Appears in 11 contracts

Sources: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Vertex Energy Inc.)

Non-Consolidation. Holdings Company will and will cause each of its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entity; (ii) not commingle its funds or assets with those of any other entity which is an Affiliate of such entity; and (iii) provide that its board of directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s actions, which meetings will be separate from those of other entities.

Appears in 7 contracts

Sources: Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.), Second Lien Credit and Guaranty Agreement (X Rite Inc)

Non-Consolidation. Holdings will and will cause each of its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entity; and (ii) not commingle its funds or assets with those of any other entity which is an Affiliate of such entity; and (iii) provide that its board of directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s actions, which meetings will be separate from those of other entities.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Day International Group Inc), Credit and Guaranty Agreement (Day International Group Inc)

Non-Consolidation. Holdings will and will cause each of its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entity; (ii) not commingle its funds or assets with those of any other entity which is an Affiliate of such entityentity (unless such Affiliate is a Credit Party); and (iii) provide that its board of directors managers or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s actions, which meetings will be separate from those of other entities.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (OneWater Marine Inc.)

Non-Consolidation. Holdings Each Holding Company will and will cause each of its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entity; (ii) not commingle its funds or assets with those of any other entity which is an Affiliate of such entity; and (iii) provide that its board of directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s actions, which meetings will be separate from those of other entities.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Newtek Business Services Corp.)

Non-Consolidation. Holdings will and will cause each of its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entity; and (ii) not commingle its funds or assets with those of any other entity which is an Affiliate of such entity; and entity (iii) provide that its board in each case other than a Subsidiary of directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s actions, which meetings will be separate from those of other entitiesHoldings).

Appears in 1 contract

Sources: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.)

Non-Consolidation. Each of Holdings will and the Borrower will, and will cause each Subsidiary of its Subsidiaries Holdings and the Borrower to: : (ia) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entityPerson; (iib) not commingle its funds or assets with those of any other entity which is an Affiliate of such entityPerson; and (iiic) provide that its board Board of directors Directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s Person's entity actions, which meetings will be separate from those of other entitiesPersons.

Appears in 1 contract

Sources: Credit Agreement (Savvis Communications Corp)

Non-Consolidation. Holdings will and will cause each of its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entity; (ii) not commingle its funds or assets with those of any other entity which is an Affiliate of such entity; and (iii) provide that its board of directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s 's actions, which meetings will be separate from those of other entities.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Proliance International, Inc.)

Non-Consolidation. Holdings will and will cause each of its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entity; (ii) not commingle its funds or assets with those of any other entity which is an Affiliate of such entity; and (iii) provide that its board of directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s actions, which meetings will be separate from those of other entities.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Primo Water Corp)

Non-Consolidation. Holdings will shall and will shall cause each of its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entity; (ii) not commingle its funds or assets with those of any other entity which is an Affiliate of such entity; and (iii) provide that its board of directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s actions, which meetings will shall be separate from those of other entities.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (J Crew Group Inc)

Non-Consolidation. Holdings will and will cause each of its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entityentity and not a Credit Party; (ii) not commingle its funds or assets with those of any other entity which is an Affiliate of such entityentity and not a Credit Party; and (iii) provide that its board of directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s actions, which meetings will be separate from those of other entities.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)

Non-Consolidation. Holdings Borrower will and will cause each of Holdings and its Subsidiaries to: (i) maintain entity records and books of account separate from those of any other entity which is an Affiliate of such entity; (ii) not commingle its funds or assets with those of any other entity which is not an Affiliate of such entity; and (iii) provide that its board of directors or other analogous governing body will hold all appropriate meetings to authorize and approve such entity’s actions, which meetings will be separate from those of other entities.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (American Medical Systems Holdings Inc)