NonObligor. Means (a) (i) any Subsidiary identified as a Non-Obligor on Item 5.10(a) of the Disclosure Schedule; provided, however, that any Subsidiary identified thereon as dormant shall cease to be a Non-Obligor at such time as it ceases to be dormant, and a Subsidiary having minority shareholders or other joint venturers or partners shall cease to be a Non-Obligor at such time as it is wholly-owned by the Borrower or any of its Subsidiaries, and (ii)
... any Foreign Subsidiary; and (b) any Subsidiary of any Obligor created or acquired after the Effective Date that is designated as such by such Obligor by written notice to the Administrative Agent within 30 days of 2 its formation or Acquisition; provided, however, that, without duplication, (i) in the case of any Subsidiary which is not an LTACH Subsidiary, (w) such Subsidiary shall not at any time have a total asset value exceeding $1,000,000, and (x) the total Consolidated asset value of all such Subsidiaries, excluding those Non-Obligors described in clause (a) but including those Non-Obligors described in clause (b)(ii), shall not exceed $50,000,000 at any time, and (ii) in the case of any Subsidiary which is an LTACH Subsidiary, (y) such Subsidiary shall not at any time have a total asset value exceeding $15,000,000, it being understood and agreed that a lease by an LTACH Subsidiary of property owned by a Subsidiary that is an Obligor shall not be deemed to be an asset of such LTACH Subsidiary, and (z) the total Consolidated asset value of all such Subsidiaries, excluding those Non-Obligors described in clause (a) but including those Non-Obligors described in clause (b)(i), shall not exceed $50,000,000 at any time; provided, however, that, notwithstanding any of the foregoing to the contrary, no Subsidiary which has otherwise guaranteed any obligation of the Borrower or any other Subsidiary under any Notes Documents shall be permitted to be a Non-Obligor under this Agreement so long as such Subsidiary remains a guarantor under the terms of any such Notes Documents.
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