Common use of Post-Closing Undertakings Clause in Contracts

Post-Closing Undertakings. Within (a) Following the Closing Date, within the time periods specified on Schedule 6.16 hereto (as each may be extended by the Blackstone Credit Representative in its reasonable discretion), provide such Collateral Documents and complete such undertakings as are set forth on Schedule 6.16 hereto. (b) Within sixty (60) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Loan Parties shall cause each such Subsidiary that is not an Excluded Subsidiary as of the Third Amendment Effective Date, including any Subsidiary organized, formed or incorporated in Canada or the United Kingdom, to (i) duly execute and deliver to the Collateral Agent a guaranty or guaranty supplement{, in form and substance reasonably satisfactory to the Blackstone Credit Representative, }guaranteeing the Obligations and a joinder or supplement to the applicable Collateral Documents (or enter into separate security documents governed by the laws of the UK or Canada, as applicable, in each case, for purposes of granting security over the Collateral of such Subsidiary), (ii) (if not already so delivered) deliver certificates representing the Pledged Interests of each such Subsidiary (if any) held by the applicable Borrower Party accompanied by undated stock powers or other appropriate instruments of transfer executed in blank and instruments evidencing the Pledged Debt owing by such Subsidiary to any Borrower Party indorsed in blank to the Collateral Agent, together with, supplements to the Security Agreement and (iii) deliver any additional documentation required pursuant to Section 6.12 and under the other Loan Documents. (c) Within thirty (30) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Borrower shall cause to be delivered to the Blackstone Credit Representative and the Collateral Agent or legal counsel representing the Blackstone Credit Representative and the Collateral Agent insurance certificates and endorsements to the general liability, cyber and property insurance policies of the Loan Parties in favor of the Collateral Agent for the benefit of the Secured Parties, in form and substance {reasonably satisfactory to the Blackstone Credit Representative and }the Collateral Agent, pursuant to which the Collateral Agent is listed as additional insured (with respect to general liability and cyber policies) or loss payee (with respect to property insurance policies), in accordance with Section 6.07 of the Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (KLDiscovery Inc.), Credit Agreement (KLDiscovery Inc.)

Post-Closing Undertakings. Within (a) Following the Closing Date, within the time periods specified on Schedule 6.16 hereto (as each may be extended by the Blackstone Credit Representative in its reasonable discretion), provide such Collateral Documents and complete such undertakings as are set forth on Schedule 6.16 hereto. (b) Within sixty (60) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Loan Parties shall cause each such Subsidiary Ensure that is not an Excluded Subsidiary as of the Third Amendment Effective Date, including any Subsidiary organized, formed or incorporated in Canada or the United Kingdom, to (i) duly execute and deliver within thirty (30) Business Days after the entering into effect of the Amendment to the Collateral Intercreditor Agreement, the Agent a guaranty or guaranty supplement{shall have received, in form and substance reasonably satisfactory to the Blackstone Credit RepresentativeAgent, }guaranteeing the Obligations and a joinder or supplement to the applicable Collateral Documents (or enter into separate security documents governed by the laws evidence of the UK or Canadaregistration of the public deed dated February 1st, as applicable2017, in each caseentered into by and among the Company, ABY Concessions Infrastructures, S.L.U. and ABY Concessions Perú S.A. (for purposes the formalization of granting security an effective pledge over the Collateral 9’937,500 shares issued by ABY Concessions Perú S.A. in favor of the Company) with the Contracts Public Registry (Registro Mobiliario de Contratos) provided that such Subsidiary), (ii) (if not already so delivered) deliver certificates representing the Pledged Interests of each such Subsidiary (if any) held by the applicable Borrower Party accompanied by undated stock powers or other appropriate instruments of transfer executed in blank and instruments evidencing the Pledged Debt owing by such Subsidiary term could be extended to any Borrower Party indorsed in blank to the Collateral Agent, together with, supplements to the Security Agreement and (iii) deliver any an additional documentation required pursuant to Section 6.12 and under the other Loan Documents. (c) Within thirty (30) days Business Days period if the applicable registrar raises an observation to the registration request; (ii) within five (5) Business Days after the Third entering into effect of the Amendment Effective Date (or by such later date as may be agreed by to the Blackstone Credit Representative in its reasonable discretion)Intercreditor Agreement, the Borrower Agent shall cause to be delivered to the Blackstone Credit Representative and the Collateral Agent or legal counsel representing the Blackstone Credit Representative and the Collateral Agent insurance certificates and endorsements to the general liability, cyber and property insurance policies of the Loan Parties in favor of the Collateral Agent for the benefit of the Secured Partieshave received, in form and substance {reasonably satisfactory to the Blackstone Credit Representative and }the Collateral Agent, pursuant evidence of (A) the filing of the Peruvian Amendment to which Pledge Agreement with the Collateral Agent is listed as additional insured Contracts Public Registry (with respect Registro Mobiliario de Contratos); and (B) an executed entry of the stock ledger (Libro de Matrícula de Acciones) of ABY Concessions reflecting the annotation of the Peruvian Amendment to general liability and cyber policies) or loss payee (with respect to property insurance policies), Pledge Agreement in accordance with Section 6.07 the terms of the Credit Peruvian Amendment to Pledge Agreement; and (iii) within thirty-five (35) Business Days after the entering into effect of the Amendment to the Intercreditor Agreement, the Agent shall have received, in form and substance satisfactory to the Agent, evidence of the registration of the Peruvian Amendment to Pledge with the Contracts Public Registry (Registro Mobiliario de Contratos) provided that such term could be extended to an additional thirty (30) Business Days period if the applicable registrar raises an observation to the applicable registration request; (b) Ensure that, within ten (10) Business Days after the entering into effect of the Amendment to the Intercreditor Agreement, the Agent shall have received, in form and substance satisfactory to the Agent, evidence of the completion of the registry in the Sole Registry of Guaranties over Goods (Registro Único de Garantías Mobiliarias) of the Mexican Amendment to Pledge Agreement; and (c) Ensure that, within thirty (30) Business Days after the date hereof, the Agent shall have received, in form and substance satisfactory to the Agent, evidence of the South African Exchange Control Approval in relation to the entry into and performance by ABY South Africa Proprietary Limited of its obligations under the Note Documents to which it is a party and that such South African Exchange Control Approval is not subject to any conditions which are not acceptable to the Agent.

Appears in 1 contract

Sources: Note Issuance Facility Agreement (Atlantica Yield PLC)

Post-Closing Undertakings. Within (a) Following Within thirty (30) days of the Closing Date, within the Date (or such later time periods specified on Schedule 6.16 hereto (as each may be extended by acceptable to the Blackstone Credit Representative Administrative Agent in its reasonable it sole discretion)): (i) provide evidence satisfactory to the Administrative Agent that each of Young Broadcasting of Knoxville, provide such Inc. and Young Broadcasting of Nashville LLC is duly qualified, authorized to do business and in good standing as foreign corporations, in the State of Tennessee; and (ii) deliver original limited liability company certificates (and corresponding powers executed in blank) evidencing Young Broadcasting of Albany, Inc.’s minority ownership interest in Capital Region Broadcasters LLC, as more particularly described in the Collateral Documents and complete such undertakings as are set forth on Schedule 6.16 heretoAgreement. (b) Within sixty (60) days after of the Third Amendment Effective Closing Date (or by such later date time as may be agreed by acceptable to the Blackstone Credit Representative Administrative Agent in its reasonable it sole discretion), the Loan Parties shall cause each such Subsidiary that is not an Excluded Subsidiary as of the Third Amendment Effective Date, including any Subsidiary organized, formed or incorporated in Canada or the United Kingdom, to ): (i) duly execute with respect to each Inactive Subsidiary either (A) dissolve or wind up such Inactive Subsidiary, distribute its assets to a Credit Party and provide to the Administrative Agent evidence thereof, in form and substance reasonably to the Administrative Agent, or (B) take such actions as may be required to cause such Inactive Subsidiary to become a Subsidiary Guarantor and pledge its assets as collateral for the Secured Obligations (including, without limitation, each of the actions that would be required pursuant to Section 8.14(a) if such Inactive Subsidiary had been created after the Closing Date); and (ii) deliver to the Collateral Agent a guaranty or guaranty supplement{Administrative Agent, control agreements in form and substance reasonably satisfactory to the Blackstone Credit Representative, }guaranteeing the Obligations and a joinder or supplement to Administrative Agent duly executed by the applicable Credit Party, the Administrative Agent and each depository bank or Securities Intermediary (as defined in the Collateral Documents (or enter into separate security documents governed by the laws of the UK or CanadaAgreement), as applicable, at which a Deposit Account that is not an Excluded Deposit Account or a Securities Account (as defined in each case, for purposes of granting security over the Collateral of such SubsidiaryAgreement), as the case may be, is maintained, which shall be sufficient to, amongst other things, establish Control (ii) (if not already so delivered) deliver certificates representing the Pledged Interests of each such Subsidiary (if any) held by as defined in the applicable Borrower Party accompanied by undated stock powers UCC) over such Deposit Account or other appropriate instruments of transfer executed in blank and instruments evidencing the Pledged Debt owing by such Subsidiary to any Borrower Party indorsed in blank to the Collateral Agent, together with, supplements to the Security Agreement and (iii) deliver any additional documentation required pursuant to Section 6.12 and under the other Loan Documents. (c) Within thirty (30) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Borrower shall cause to be delivered to the Blackstone Credit Representative and the Collateral Agent or legal counsel representing the Blackstone Credit Representative and the Collateral Agent insurance certificates and endorsements to the general liability, cyber and property insurance policies of the Loan Parties in favor of the Collateral Agent for the benefit of the Secured Parties, in form and substance {reasonably satisfactory to the Blackstone Credit Representative and }the Collateral Agent, pursuant to which the Collateral Agent is listed as additional insured (with respect to general liability and cyber policies) or loss payee (with respect to property insurance policies), in accordance with Section 6.07 of the Credit Agreement.Securities Account

Appears in 1 contract

Sources: Credit Agreement (Media General Inc)

Post-Closing Undertakings. Within (a) Following Within thirty (30) days of the Closing Date, within Borrower, Carbonite Holdings and Carbonite Canada, as applicable, shall deliver to Bank, in each case in form and substance satisfactory to Bank: (i) an Unconditional Guaranty duly executed by Carbonite Holdings; (ii) a Third Party Security Agreement duly executed by Carbonite Holdings; (iii) an Unconditional Guaranty duly executed by Carbonite Canada; and (iv) an officer’s certificate of each Guarantor with respect to incumbency and resolutions authorizing the time periods specified on Schedule 6.16 hereto execution and delivery of each of the Loan Documents to which they are a party; (b) Within forty-five (45) days of the Closing Date, Borrower shall: (i) fund a deposit account maintained with Bank with at least the Minimum Deposit Amount; (ii) deliver to Bank duly executed Collateral Access Agreements for its offices located at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇; (iii) deliver to Bank the certificate for the Shares, together with Assignment(s) Separate from Certificate, duly executed in blank; and (iv) deliver to Bank account control agreements, in form and substance satisfactory to Bank, for each of the deposit, investment and securities accounts of Borrower and Carbonite Holdings maintained outside of Bank duly executed by Borrower or Carbonite Holdings (as each may be extended by applicable) and the Blackstone Credit Representative in its reasonable discretion)bank, provide financial institution or securities intermediary with or though whom such Collateral Documents and complete such undertakings as are set forth on Schedule 6.16 hereto. account is maintained; (bc) Within sixty (60) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Loan Parties shall cause each such Subsidiary that is not an Excluded Subsidiary as of the Third Amendment Effective Closing Date, including any Subsidiary organized, formed or incorporated in Canada or the United Kingdom, to (i) duly execute and Borrower shall deliver to Bank duly executed Collateral Access Agreements and for its data center maintained with Internap Network Services Corp. and for any new data center or co-location facilities established after May 1, 2011, as Bank may require. Borrower acknowledges and agrees that completion and performance of the Collateral Agent foregoing covenants is a guaranty or guaranty supplement{, in form and substance reasonably satisfactory condition precedent to the Blackstone Credit Representative, }guaranteeing Bank’s obligation to make the Obligations and a joinder or supplement to the applicable Collateral Documents (or enter into separate security documents governed by the laws of the UK or Canada, as applicable, in each case, for purposes of granting security over the Collateral of such Subsidiary), (ii) (if not already so delivered) deliver certificates representing the Pledged Interests of each such Subsidiary (if any) held by the applicable Borrower Party accompanied by undated stock powers or other appropriate instruments of transfer executed in blank and instruments evidencing the Pledged Debt owing by such Subsidiary to any Borrower Party indorsed in blank to the Collateral Agent, together with, supplements to the Security Agreement and (iii) deliver any additional documentation required pursuant to Section 6.12 and under the other Loan Documentsinitial Advance. (c) Within thirty (30) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Borrower shall cause to be delivered to the Blackstone Credit Representative and the Collateral Agent or legal counsel representing the Blackstone Credit Representative and the Collateral Agent insurance certificates and endorsements to the general liability, cyber and property insurance policies of the Loan Parties in favor of the Collateral Agent for the benefit of the Secured Parties, in form and substance {reasonably satisfactory to the Blackstone Credit Representative and }the Collateral Agent, pursuant to which the Collateral Agent is listed as additional insured (with respect to general liability and cyber policies) or loss payee (with respect to property insurance policies), in accordance with Section 6.07 of the Credit Agreement.

Appears in 1 contract

Sources: Loan and Security Agreement

Post-Closing Undertakings. Within (ai) Following the Closing DateThe Borrower will, and will cause each of its applicable Subsidiaries to, file, within the time periods specified on Schedule 6.16 hereto (as each may be extended by the Blackstone Credit Representative in its reasonable discretion), provide such Collateral Documents and complete such undertakings as are set forth on Schedule 6.16 hereto. (b) Within sixty (60) 60 days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Loan Parties shall cause each such Subsidiary that is not an Excluded Subsidiary as of the Third Amendment Effective Date, including any Subsidiary organized, formed or incorporated in Canada or the United Kingdom, to (i) duly execute and deliver to the Collateral Agent a guaranty or guaranty supplement{, in form and substance reasonably satisfactory to the Blackstone Credit Representative, }guaranteeing the Obligations and a joinder or supplement to request with the applicable Collateral Documents Governmental Authority for approval of (or enter into separate security documents governed by A) the laws pledge of the UK or Canada, as applicable, in each case, for purposes of granting security over the Collateral of such Subsidiary), (ii) (if not already so delivered) deliver certificates representing the Pledged Interests Capital Stock of each such Designated Subsidiary (if any) held by the applicable Borrower Party accompanied by undated stock powers or other appropriate instruments of transfer executed in blank and instruments evidencing the Pledged Debt owing by such Subsidiary to any Borrower Party indorsed in blank to the Collateral Agent, together with, supplements to the Security Agreement and (iii) deliver any additional documentation required pursuant to Section 6.12 and under the other Loan Documents. (c) Within thirty (30) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Borrower shall cause to be delivered to the Blackstone Credit Representative and the Collateral Agent or legal counsel representing the Blackstone Credit Representative and the Collateral Agent insurance certificates and endorsements to the general liability, cyber and property insurance policies of the Loan Parties in favor of the Collateral Agent for the benefit of the Secured PartiesLenders, in form and substance {reasonably satisfactory pursuant to the Blackstone Credit Representative relevant Security Document and }(B) each Designated Subsidiary to become a “Subsidiary Guarantors” hereunder and a “Grantor” under the Security Agreement. Upon the submission of any such filing to the applicable Governmental Authority, the Borrower and each such Subsidiary shall use commercially reasonable efforts to obtain such approval and shall provide the Collateral Agent, pursuant for the benefit of the Lenders, with periodic reports documenting the status of each request for approval; provided that if any such request for approval has been neither granted nor denied by the date that is 180 days from the Effective Date, such request shall be deemed denied, subject to which the Collateral agreement of the Borrower and the Administrative Agent is listed as additional insured (any such agreement not to be unreasonably withheld), and upon such agreement the Borrower shall be relieved of its obligations under this paragraph. Upon obtaining any such approval with respect to general liability each Designated Subsidiary, the Borrower shall, and cyber policiesshall cause each of its applicable Subsidiaries to, comply with the provisions of this Section to create a valid perfected first priority Lien on the Capital Stock of such Designated Subsidiary and to cause such Designated Subsidiary to become a “Subsidiary Guarantor” hereunder and a “Grantor” under the Security Agreement, and in that connection, the Borrower will and will cause the relevant Subsidiary to, deliver to the Administrative Agent such proof of corporate action, incumbency of officers, other opinions of counsel and other documents and instruments as is consistent with those delivered by each Obligor pursuant to Section 5.01 on the Effective Date as the Administrative Agent may reasonably request. (ii) or loss payee (with respect Within 90 days of the Effective Date, the Borrower will take such action to property insurance policies)ensure that Nurse Healthline, Inc. and Continental Plan Services, Inc. shall become “Subsidiary Guarantors” hereunder and “Grantors” under the Security Agreement and, in accordance that connection, the Borrower will and will cause its Subsidiaries to, deliver to the Administrative Agent such proof of corporate action, incumbency of officers, other opinions of counsel and other documents as is consistent with those delivered by each Obligor pursuant to Section 6.07 of 5.01 on the Credit AgreementEffective Date as the Administrative Agent may reasonably request.

Appears in 1 contract

Sources: Credit Agreement (Pacificare Health Systems Inc /De/)

Post-Closing Undertakings. Within (a) Following Within thirty (30) days of the Closing Date, within Borrower, Carbonite Holdings and Carbonite Canada, as applicable, shall deliver to Bank, in each case in form and substance satisfactory to Bank: (i) an Unconditional Guaranty duly executed by Carbonite Holdings; (ii) a Third Party Security Agreement duly executed by Carbonite Holdings; (iii) an Unconditional Guaranty duly executed by Carbonite Canada; and (iv) an officer’s certificate of each Guarantor with respect to incumbency and resolutions authorizing the time periods specified on Schedule 6.16 hereto (as execution and delivery of each may be extended by of the Blackstone Credit Representative in its reasonable discretion), provide such Collateral Loan Documents and complete such undertakings as to which they are set forth on Schedule 6.16 hereto.a party; (b) Within forty-five (45) days of the Closing Date, Borrower shall: (i) fund a deposit account maintained with Bank with at least the Minimum Deposit Amount; (ii) deliver to Bank duly executed Collateral Access Agreements for its offices located at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇; (iii) deliver to Bank the certificate for the Shares, together with Assignment(s) Separate from Certificate, duly executed in blank; and (iv) deliver to Bank account control agreements, in form and substance satisfactory to Bank, for each of the deposit, investment and securities accounts of Borrower and Carbonite Holdings maintained outside of Bank duly executed by Borrower or Carbonite Holdings (as applicable) and the bank, financial institution or securities intermediary with or though whom such account is maintained; (c) Within sixty (60) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Loan Parties shall cause each such Subsidiary that is not an Excluded Subsidiary as of the Third Amendment Effective Closing Date, including any Subsidiary organized, formed or incorporated in Canada or the United Kingdom, to (i) duly execute and Borrower shall deliver to Bank duly executed Collateral Access Agreements and for its data center maintained with Internap Network Services Corp. and for any new data center or co-location facilities established after May 1, 2011, as Bank may require. Borrower acknowledges and agrees that completion and performance of the Collateral Agent foregoing covenants is a guaranty or guaranty supplement{, in form and substance reasonably satisfactory condition precedent to the Blackstone Credit Representative, }guaranteeing Bank’s obligation to make the Obligations and a joinder or supplement to the applicable Collateral Documents (or enter into separate security documents governed by the laws of the UK or Canada, as applicable, in each case, for purposes of granting security over the Collateral of such Subsidiary), (ii) (if not already so delivered) deliver certificates representing the Pledged Interests of each such Subsidiary (if any) held by the applicable Borrower Party accompanied by undated stock powers or other appropriate instruments of transfer executed in blank and instruments evidencing the Pledged Debt owing by such Subsidiary to any Borrower Party indorsed in blank to the Collateral Agent, together with, supplements to the Security Agreement and (iii) deliver any additional documentation required pursuant to Section 6.12 and under the other Loan Documentsinitial Advance. (c) Within thirty (30) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Borrower shall cause to be delivered to the Blackstone Credit Representative and the Collateral Agent or legal counsel representing the Blackstone Credit Representative and the Collateral Agent insurance certificates and endorsements to the general liability, cyber and property insurance policies of the Loan Parties in favor of the Collateral Agent for the benefit of the Secured Parties, in form and substance {reasonably satisfactory to the Blackstone Credit Representative and }the Collateral Agent, pursuant to which the Collateral Agent is listed as additional insured (with respect to general liability and cyber policies) or loss payee (with respect to property insurance policies), in accordance with Section 6.07 of the Credit Agreement.

Appears in 1 contract

Sources: Loan and Security Agreement (Carbonite Inc)

Post-Closing Undertakings. WithinWithin 60 days of the Closing Date, the Borrower shall furnish or cause to be furnished to the Administrative Agents, the following: (a) Following supplements (the Closing Date, within “Mortgage Supplements”) to the time periods specified on Schedule 6.16 hereto (as each may be extended by the Blackstone Credit Representative in its reasonable discretion), provide such Collateral Documents and complete such undertakings as are Mortgages set forth on Schedule 6.16 hereto.6.17(a), substantially in the form of Exhibit G (with such changes as may be required to account for local law matters), duly executed by the appropriate Loan Party, together with: (i) delivery of the Mortgage Supplements in the appropriate form for filing or recording in order to continue a valid first and subsisting Lien, subject only to (x) Permitted Encumbrances (as defined in the Mortgages) and (y) Permitted Liens, in each case on the property described therein, in favor of the Collateral Agent or the Collateral Trustees, as the case may be, for the benefit of the appropriate Secured Parties and reasonable evidence that all filing and recording taxes, documentary stamp taxes, and similar taxes, charges, and fees required to be paid in connection with the filing or recording of such Mortgage Supplements shall have been paid; (ii) regarding all Real Property for which Mortgages were obtained in connection with the Existing DHI Credit Agreement, (x) evidence in the form of updated title searches, title reports or “abstractor” certificates, “title” certificates or so-called “nothing further” certificates, as applicable, reasonably sufficient to determine whether each Loan Party and each of its Subsidiaries required to execute and deliver a Mortgage Supplement pursuant to this Agreement has good title in fee simple to, or valid leasehold interests in, all Collateral covered by the Mortgages (other than the properties comprised of “pipelines” or “gathering systems”) and (y) a modification/date-down endorsement to each existing Mortgage Policy extending the effective date of the policy to the date of recording for the applicable Mortgage Supplement and insuring that that the modification of the insured mortgage does not impair the validity, enforceability or priority of the insured mortgage, as modified; and (iii) such other documents as may be reasonably necessary to record the Mortgage Supplements, to issue the modification/date-down endorsements, or to create, perfect or preserve the security interests granted by the Mortgages or the Mortgage Supplements; and (b) Within sixty (60) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), a favorable opinion of appropriate local counsel to the Loan Parties shall cause in the jurisdictions set forth in Part (b) of Schedule 4.01(a), addressed to each such Subsidiary that is not an Excluded Subsidiary as of the Third Amendment Effective Date, including any Subsidiary organized, formed or incorporated in Canada or the United Kingdom, to (i) duly execute Agent and deliver to the Collateral Agent a guaranty or guaranty supplement{each Lender, in form and substance reasonably satisfactory to the Blackstone Credit Representative, }guaranteeing the Obligations and a joinder or supplement to the applicable Collateral Documents (or enter into separate security documents governed by the laws of the UK or Canada, as applicable, in each case, for purposes of granting security over the Collateral of such Subsidiary), (ii) (if not already so delivered) deliver certificates representing the Pledged Interests of each such Subsidiary (if any) held by the applicable Borrower Party accompanied by undated stock powers or other appropriate instruments of transfer executed in blank and instruments evidencing the Pledged Debt owing by such Subsidiary to any Borrower Party indorsed in blank to the Collateral Agent, together with, supplements to the Security Agreement and (iii) deliver any additional documentation required pursuant to Section 6.12 and under the other Loan DocumentsAdministrative Agents. (c) Within thirty (30) days after the Third Amendment Effective Date (or by such later date as may be agreed by the Blackstone Credit Representative in its reasonable discretion), the Borrower shall cause to be delivered to the Blackstone Credit Representative and the Collateral Agent or legal counsel representing the Blackstone Credit Representative and the Collateral Agent insurance certificates and endorsements to the general liability, cyber and property insurance policies of the Loan Parties in favor of the Collateral Agent for the benefit of the Secured Parties, in form and substance {reasonably satisfactory to the Blackstone Credit Representative and }the Collateral Agent, pursuant to which the Collateral Agent is listed as additional insured (with respect to general liability and cyber policies) or loss payee (with respect to property insurance policies), in accordance with Section 6.07 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Dynegy Holdings Inc)