Common use of Pursuant to Section Clause in Contracts

Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Party. Upon execution and delivery after the date hereof by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Ruby Tuesday Inc), Credit and Term Loan Agreement (Ruby Tuesday Inc)

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Pursuant to Section. 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement and each Unrestricted Subsidiary that is designated as a Restricted Subsidiary is required to enter into this the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Subrogation and Contribution Agreement (American Media Operations Inc), Contribution Agreement (Marketing Services Inc)

Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp)

Pursuant to Section. 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party that was not in existence or not a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming a Subsidiary Loan Party. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Phillips Van Heusen Corp /De/)

Pursuant to Section. 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming such a Subsidiary Loan Party. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Indemnity, Subrogation and Contribution Agreement (Exactech Inc)

Pursuant to Section. 5.10 5.11 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Execution Copy (Bremen Bearings Inc)

Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Patriot Transportation Holding Inc)

Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Nelson Thomas Inc)

Pursuant to Section. 5.10 5.12 of the Credit Agreement, each Subsidiary Loan Party that was not in existence or not such a Subsidiary Loan Party on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an the instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Indemnity, Subrogation and Contribution Agreement (Huntsman Packaging Corp)

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Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party certain Subsidiaries of the Borrower that was were not in existence on the date of the Credit Agreement is are required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan PartyGuarantor. Upon the execution and delivery delivery, after the date hereof hereof, by the Administrative Agent Lender and such Subsidiary Loan Party of an instrument in the form of Annex 1I hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Patriot Transportation Holding Inc)

Pursuant to Section. 5.10 of the Credit Agreement, each Subsidiary Loan Party that was not in existence on the date 5.12 of the Credit Agreement each Subsidiary that is a Loan Party that is formed or acquired after the Effective Date is required to enter into this Agreement as a Guarantor upon becoming Subsidiary Loan Partyexecute the Indemnity, Subrogation and Contribution Agreement. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Pledge Agreement (Great Atlantic & Pacific Tea Co Inc)

Pursuant to Section. 5.10 6.22 of the Credit Agreement, each Domestic Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement Guarantee as a Guarantor upon becoming Subsidiary Loan Partya Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent Bank and such a Subsidiary Loan Party of an instrument a Supplement in the form of Annex 1, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guarantee shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuarantee.

Appears in 1 contract

Samples: Credit Agreement (V Band Corporation)

Pursuant to Section. 5.10 5.11 of the Credit Agreement, each Domestic Subsidiary Loan Party of the Borrower that was not in existence or not such a Subsidiary on the date of the Credit Agreement is required to enter into this the Guarantee Agreement as a Guarantor upon becoming Subsidiary Loan Partysuch a Subsidiary. Upon execution and delivery delivery, after the date hereof hereof, by the Administrative Collateral Agent and such a Subsidiary Loan Party of an instrument in the form of Annex 11 hereto, such Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor hereinhereunder. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this Agreement.

Appears in 1 contract

Samples: Subrogation and Contribution Agreement (Hudson Respiratory Care Inc)

Pursuant to Section. 5.10 of the Credit Agreement, each Material Subsidiary Loan Party of the Borrower that was not in existence on the date of the Credit Agreement is required to enter into this Agreement Guaranty as a Guarantor upon becoming Subsidiary Loan Partya Material Subsidiary. Upon execution and delivery after the date hereof by the Administrative Agent and such Material Subsidiary Loan Party of an instrument in the form of Annex 1, such Material Subsidiary Loan Party shall become a Guarantor hereunder with the same force and effect as if originally named as a Guarantor herein. The execution and delivery of any instrument adding an additional Guarantor as a party to this Agreement Guaranty shall not require the consent of any other Guarantor hereunder. The rights and obligations of each Guarantor hereunder shall remain in full force and effect notwithstanding the addition of any new Guarantor as a party to this AgreementGuaranty.

Appears in 1 contract

Samples: Security Agreement (Holly Energy Partners Lp)

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