Common use of Ownership Structure Clause in Contracts

Ownership Structure. Part I of Schedule 6.1.(b) is, as of the Agreement Date, a complete and correct list of all Subsidiaries setting forth for each Subsidiary, (i) the jurisdiction of organization of such Person, (ii) each Person holding any Equity Interest in such Person, (iii) the nature of the Equity Interests held by each such Person and (iv) the percentage of ownership of such Person represented by such Equity Interests. As of the Agreement Date, except as disclosed in such Schedule (A) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (B) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (C) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Term Loan Agreement (Realty Income Corp)

Ownership Structure. Part I of Schedule 6.1.(b) is, as As of the Agreement Date, Schedule 6.1.(b)(i) is a complete and correct list of all Continuing Subsidiaries of the Borrower setting forth for each such Continuing Subsidiary, (i) the jurisdiction of organization of such PersonContinuing Subsidiary, (ii) each Person holding any Equity Interest Interests in such PersonContinuing Subsidiary, (iii) the nature of the Equity Interests held by each such Person and Person, (iv) the percentage of ownership of such Person Continuing Subsidiary represented by such Equity InterestsInterests and (v) whether such Person is a Material Subsidiary. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the Agreement Date (Ai) each of the Borrower and its Continuing Subsidiaries owns, free and clear of all Liens (other than Permitted Liens), and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forthFurther, as of the Agreement Date, Schedule 6.1(b)(ii) sets forth all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the BorrowerDiscontinued Subsidiaries.

Appears in 1 contract

Sources: Credit Agreement (Miller Industries Inc /Tn/)

Ownership Structure. Part I of Schedule 6.1.(b7.1.(b) is, as of the Agreement DateMarch 31, 2005, a complete and correct list of all Subsidiaries of the Borrower setting forth for each such Subsidiary, (i) the jurisdiction of organization of such Person, (ii) each Person holding any Equity Interest in such Person, (iii) the nature of the Equity Interests held by each such Person and (iv) the percentage of ownership of such Person represented by such Equity Interests. As of the Agreement Date, except Except as disclosed in such Schedule (A) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (B) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (C) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b7.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests ownership interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Realty Income Corp)

Ownership Structure. Part I of Schedule 6.1.(b) is, as As of the Agreement Date, Schedule 6.1.(b) is a complete and correct list of all Subsidiaries setting of the Borrower and sets forth for each Subsidiaryof the Borrower and each of its Subsidiaries, (i) the jurisdiction of organization of such Personthe Borrower and each Subsidiary, (ii) each Person holding any Equity Interest Interests in such Personthe Borrower and each Subsidiary, (iii) the nature of the Equity Interests held by each such Person and (iv) the percentage of ownership of such Person the Borrower and each Subsidiary represented by such Equity Interests. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the Agreement Date (Ai) the holder of the each of the Borrower and its Subsidiaries Equity Interests described in such Schedules owns, free and clear of all Liens (other than Permitted Liens), and has the unencumbered right to vote, all outstanding Equity Interests in the Borrower and each Person Subsidiary shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock of the Borrower and each such Person Subsidiary organized as a corporation is validly issued, fully paid and nonassessable issued and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly Borrower or indirectly by the Borrowerany Subsidiary.

Appears in 1 contract

Sources: Credit Agreement (First Franklin Financial Corp)

Ownership Structure. Part I of Schedule 6.1.(b7.1(b) is, as of the Agreement Date, a complete and correct list of all Subsidiaries of the Parent setting forth for each such Subsidiary, (i) the jurisdiction of organization incorporation or formation of such PersonSubsidiary, (ii) each Person holding any Equity Interest in such PersonSubsidiary, (iii) the nature type of the Equity Interests held by each such Person and (iv) the percentage of ownership of such Person Subsidiary represented by such Equity Interests. As of the Agreement Date, except as disclosed in such Schedule Schedule, (A) each of the Parent, the Borrower and its the Subsidiaries of the Parent owns, free and clear of all Liens (except Permitted Liens), and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (B) all of the issued and outstanding Equity Interests of each such Person is validly issued and, to the extent consisting of capital stock of each such Person organized as a corporation is validly issuedcorporation, fully paid and nonassessable (to the extent such concepts are applicable) and (C) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as As of the Agreement Date, Part II of Schedule 7.1(b) correctly sets forth all Unconsolidated Affiliates of the BorrowerParent, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the BorrowerParent.

Appears in 1 contract

Sources: Credit Agreement (VEREIT Operating Partnership, L.P.)

Ownership Structure. Part I of Schedule 6.1.(b) is, as As of the Agreement ClosingOmnibus Amendment Effective Date, Schedule 4.24 is a complete and correct list of all Subsidiaries and Affiliates of the Borrower and of each Loan Party setting forth for each such Subsidiary, (i) the jurisdiction of organization of such PersonSubsidiary, (ii) each Person holding any Equity Interest Capital Securities in such PersonSubsidiary, (iii) the nature of the Equity Interests Capital Securities held by each such Person Person, and (iv) the percentage of ownership of such Person Subsidiary represented by such Equity InterestsCapital Securities. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the ClosingOmnibus Amendment Effective Date, (Ai) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, Liens and has the unencumbered right to vote, all outstanding Equity Interests Capital Securities in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock Capital Securities of each such Person organized as a corporation is is, if applicable, validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests Capital Securities of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Omnibus Amendment (Main Street Capital CORP)

Ownership Structure. Part I of Schedule 6.1.(b) is, as of the Agreement Date, a complete and correct list of all Subsidiaries setting forth for each such Subsidiary, (i) the jurisdiction of organization of such Person, (ii) each Person holding any Equity Interest in such Person, (iii) the nature of the Equity Interests held by each such Person and (iv) the percentage of ownership of such Person represented by such Equity Interests. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the Agreement Date (A) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (B) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (C) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as As of the Agreement Date, Part II of Schedule 6.1. (b) correctly sets forth all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Washington Real Estate Investment Trust)

Ownership Structure. As of the Closing Date, Part I of Schedule 6.1.(b) is, as of the Agreement Date, 4.24 is a complete and correct list of all Subsidiaries of the Company setting forth for each such Subsidiary, (i) the jurisdiction of organization of such PersonSubsidiary, (ii) each Person holding any Equity Interest Capital Securities in such PersonSubsidiary, (iii) the nature of the Equity Interests Capital Securities held by each such Person and Person, (iv) the percentage of ownership of such Person Subsidiary represented by such Equity InterestsCapital Securities and (v) whether such Subsidiary is a Property Owner or a Mortgage Receivable Owner. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the Closing Date (Ai) each of the Borrower Company and its Subsidiaries owns, free and clear of all Liens, Liens and has the unencumbered right to vote, all outstanding Equity Interests Capital Securities in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock Capital Securities of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests Capital Securities of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as As of the Agreement Closing Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the BorrowerBorrowers have no unconsolidated Affiliates.

Appears in 1 contract

Sources: Credit Agreement (Gladstone Commercial Corp)

Ownership Structure. Part I of Schedule 6.1.(b) is, as of the Agreement Date, 7.2. is a complete and correct list of all Subsidiaries of the Parent (including all Subsidiaries of the Borrower), setting forth for each such Subsidiary, (ia) the jurisdiction of organization of such PersonSubsidiary, (iib) each Person holding any Equity Interest ownership interests in such Person, Subsidiary and (iiic) the nature of the Equity Interests ownership interests held by each such Person and (ivd) the percentage of ownership of such Person Subsidiary represented by such Equity Interestsownership interests. As of the Agreement Date, except Except as disclosed in such Schedule (Ai) each of the Borrower Parent and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests ownership interests in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders' or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b) 7.2. correctly sets forth, as of the Agreement Date, forth all Unconsolidated Affiliates and Preferred Stock Entities of the BorrowerParent, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests ownership interests in such Person held directly or indirectly by the BorrowerParent.

Appears in 1 contract

Sources: Credit Agreement (Regency Realty Corp)

Ownership Structure. Part I of Schedule 6.1.(b) 7.2. is, as of the Agreement Date, a complete and correct list of all Subsidiaries of the Parent (including all Subsidiaries of the Borrower), setting forth for each such Subsidiary, (ia) the jurisdiction of organization of such PersonSubsidiary, (iib) each Person holding any Equity Interest ownership interests in such PersonSubsidiary, (iiic) the nature of the Equity Interests ownership interests held by each such Person and (ivd) the percentage of ownership of such Person Subsidiary represented by such Equity Interestsownership interests. As of the Agreement Date, except Except as disclosed in such Schedule (Ai) each of the Borrower Parent and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests ownership interests in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders' or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b) 7.2. correctly sets forth, as of the Agreement Date, forth all Unconsolidated Affiliates of the BorrowerParent, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests ownership interests in such Person held directly or indirectly by the BorrowerParent.

Appears in 1 contract

Sources: Credit Agreement (Regency Centers Corp)

Ownership Structure. As of the Closing Date, Part I of Schedule 6.1.(b) is, as of the Agreement Date, 4.24 is a complete and correct list of all Subsidiaries of the Company setting forth for each such Subsidiary, (i) the jurisdiction of organization of such PersonSubsidiary, (ii) each Person holding any Equity Interest Capital Securities in such PersonSubsidiary, (iii) the nature of the Equity Interests Capital Securities held by each such Person and Person, (iv) the percentage of ownership of such Person Subsidiary represented by such Equity InterestsCapital Securities and (v) whether such Subsidiary is a Mortgaged Property Owner or a Pledged Mortgage Receivable Owner. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the Closing Date (Ai) each of the Borrower Company and its Subsidiaries owns, free and clear of all Liens, Liens and has the unencumbered right to vote, all outstanding Equity Interests Capital Securities in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock Capital Securities of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests Capital Securities of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as As of the Agreement Closing Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the BorrowerBorrowers have no unconsolidated Affiliates.

Appears in 1 contract

Sources: Credit Agreement (Gladstone Commercial Corp)

Ownership Structure. Part I of Schedule 6.1.(b) is, as As of the Agreement SixthEighth Amendment Effective Date, Schedule 4.24 is a complete and correct list of all Subsidiaries of the Borrower and of each Loan Party setting forth for each such Subsidiary, (i) the jurisdiction of organization of such PersonSubsidiary, (ii) each Person holding any Equity Interest Capital Securities in such PersonSubsidiary, (iii) the nature of the Equity Interests Capital Securities held by each such Person Person, and (iv) the percentage of ownership of such Person Subsidiary represented by such Equity InterestsCapital Securities. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the SixthEighth Amendment Effective Date (Ai) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, Liens and has the unencumbered right to vote, all outstanding Equity Interests Capital Securities in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock Capital Securities of each such Person organized as a corporation is is, if applicable, validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests Capital Securities of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (MSC Income Fund, Inc.)

Ownership Structure. Part I of Schedule 6.1.(b) is, as of the Agreement Date, a complete and correct list of all Subsidiaries setting forth for each Subsidiary, (i) the jurisdiction of organization of such Person, (ii) each Person holding any Equity Interest in such Person, (iii) the nature of the Equity Interests held by each such Person and (iv) the percentage of ownership of such Person represented by such Equity Interests. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the Agreement Date (A) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (B) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (C) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as As of the Agreement Date, Part II of Schedule 6.1. (b) correctly sets forth all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Washington Real Estate Investment Trust)

Ownership Structure. Part I of Schedule 6.1.(b) is, as As of the Agreement RestatementSixth Amendment Effective Date, Schedule 4.24 is a complete and correct list of all Subsidiaries of the Borrower and of each Loan Party setting forth for each such Subsidiary, (i) the jurisdiction of organization of such PersonSubsidiary, (ii) each Person holding any Equity Interest Capital Securities in such PersonSubsidiary, (iii) the nature of the Equity Interests Capital Securities held by each such Person Person, and (iv) the percentage of ownership of such Person Subsidiary represented by such Equity InterestsCapital Securities. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the RestatementSixth Amendment Effective Date (Ai) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, Liens and has the unencumbered right to vote, all outstanding Equity Interests Capital Securities in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock Capital Securities of each such Person organized as a corporation is is, if applicable, validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests Capital Securities of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (MSC Income Fund, Inc.)

Ownership Structure. Part I of Schedule 6.1.(b) is, as As of the Agreement EighthNinth Amendment Effective Date, Schedule 4.24 is a complete and correct list of all Subsidiaries of the Borrower and of each Loan Party setting forth for each such Subsidiary, (i) the jurisdiction of organization of such PersonSubsidiary, (ii) each Person holding any Equity Interest Capital Securities in such PersonSubsidiary, (iii) the nature of the Equity Interests Capital Securities held by each such Person Person, and (iv) the percentage of ownership of such Person Subsidiary represented by such Equity InterestsCapital Securities. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the EighthNinth Amendment Effective Date (Ai) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, Liens and has the unencumbered right to vote, all outstanding Equity Interests Capital Securities in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock Capital Securities of each such Person organized as a corporation is is, if applicable, validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests Capital Securities of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (MSC Income Fund, Inc.)

Ownership Structure. Part I of Schedule 6.1.(b) is, as As of the Agreement ThirdSixth Amendment Effective Date, Schedule 4.24 is a complete and correct list of all Subsidiaries of the Borrower and of each Loan Party setting forth for each such Subsidiary, (i) the jurisdiction of organization of such PersonSubsidiary, (ii) each Person holding any Equity Interest Capital Securities in such PersonSubsidiary, (iii) the nature of the Equity Interests Capital Securities held by each such Person Person, and (iv) the percentage of ownership of such Person Subsidiary represented by such Equity InterestsCapital Securities. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the ThirdSixth Amendment Effective Date, (Ai) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, Liens and has the unencumbered right to vote, all outstanding Equity Interests Capital Securities in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock Capital Securities of each such Person organized as a corporation is is, if applicable, validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests Capital Securities of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Main Street Capital CORP)

Ownership Structure. Part I of Schedule 6.1.(b) isis a complete and correct list, as of the Agreement Date, a complete and correct list Date of all Subsidiaries of the Parent, setting forth for each Subsidiary, such Subsidiary (i) the jurisdiction of organization of such PersonSubsidiary, (ii) each Person holding any Equity Interest in such PersonSubsidiary, (iii) the nature of the Equity Interests held by each such Person and (iv) the percentage of ownership of such Person Subsidiary represented by such Equity Interests. As of the Agreement Date, except Except as disclosed in such Part I of Schedule 6.1.(b), (Aw) each of the Borrower Parent and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (Bx) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (Cy) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the BorrowerParent, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the BorrowerParent.

Appears in 1 contract

Sources: Term Loan Agreement (Pennsylvania Real Estate Investment Trust)

Ownership Structure. Part I of Schedule 6.1.(b7.1.(b) is, as of the Agreement Date, a complete and correct list of all Subsidiaries of the Borrower setting forth for each such Subsidiary, (i) the jurisdiction of organization of such Person, (ii) each Person holding any Equity Interest in such Person, (iii) the nature of the Equity Interests held by each such Person and (iv) the percentage of ownership of such Person represented by such Equity Interests. As of the Agreement Date, except Except as disclosed in such Schedule (A) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (B) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (C) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b7.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests ownership interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Realty Income Corp)

Ownership Structure. Part I of Schedule 6.1.(b7.1.(b) is, as of the Agreement Date, a complete and correct list of all Subsidiaries of the Parent setting forth for each such Subsidiary, (i) the jurisdiction of organization of such PersonSubsidiary, (ii) each Person holding any Equity Interest in such Subsidiary (provided that such schedule shall only list Persons holding Equity Interests of the Borrower if such Person and such Person’s Affiliates together own 5.0% or more of the issued and outstanding Equity Interests of the Borrower), (iii) the nature of the Equity Interests held by each such Person and (iv) the percentage of ownership of such Person Subsidiary represented by such Equity Interests. As of the Agreement Date, except as disclosed in such Schedule Schedule, (A) each of the Parent, Borrower and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (B) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (C) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Pacific Office Properties Trust, Inc.)

Ownership Structure. Part I of Schedule 6.1.(b) is, as of the Agreement Date, a complete and correct list of all Subsidiaries setting forth for each Subsidiary, (i) the jurisdiction of organization of such Person, (ii) each Person holding any Equity Interest in such Person, (iii) the nature of the Equity Interests held by each such Person and (iv) the percentage of ownership of such Person represented by such Equity Interests. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the Agreement Date (A) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, and has the unencumbered right to vote, all outstanding Equity Interests in each Person shown to be held by it on such Schedule, (B) all of the issued and outstanding capital stock of each such Person organized as a corporation is validly issued, fully paid and nonassessable and (C) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders' or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests ownership interests of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as As of the Agreement Date, Part II of Schedule 6.1. (b) correctly sets forth all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (Washington Real Estate Investment Trust)

Ownership Structure. Part I of Schedule 6.1.(b) is, as As of the Agreement Sixth Amendment Effective Date, Schedule 4.24 is a complete and correct list of all Subsidiaries of the Borrower and of each Loan Party setting forth for each such Subsidiary, (i) the jurisdiction of organization of such PersonSubsidiary, (ii) each Person holding any Equity Interest Capital Securities in such PersonSubsidiary, (iii) the nature of the Equity Interests Capital Securities held by each such Person Person, and (iv) the percentage of ownership of such Person Subsidiary represented by such Equity InterestsCapital Securities. As of the Agreement Date, except Except as disclosed in such Schedule Schedule, as of the Sixth Amendment Effective Date (Ai) each of the Borrower and its Subsidiaries owns, free and clear of all Liens, Liens and has the unencumbered right to vote, all outstanding Equity Interests Capital Securities in each Person shown to be held by it on such Schedule, (Bii) all of the issued and outstanding capital stock Capital Securities of each such Person organized as a corporation is is, if applicable, validly issued, fully paid and nonassessable and (Ciii) there are no outstanding subscriptions, options, warrants, commitments, preemptive rights or agreements of any kind (including, without limitation, any stockholders’ or voting trust agreements) for the issuance, sale, registration or voting of, or outstanding securities convertible into, any additional shares of capital stock of any class, or partnership or other Equity Interests Capital Securities of any type in, any such Person. Part II of Schedule 6.1.(b) correctly sets forth, as of the Agreement Date, all Unconsolidated Affiliates of the Borrower, including the correct legal name of such Person, the type of legal entity which each such Person is, and all Equity Interests in such Person held directly or indirectly by the Borrower.

Appears in 1 contract

Sources: Credit Agreement (MSC Income Fund, Inc.)