Unrestricted Subsidiary

Unrestricted Subsidiary. Means (a) any Subsidiary that at the time of determination shall be an Unrestricted Subsidiary (as designated by the Board of Directors, as provided below) and (b) any Subsidiary of an Unrestricted Subsidiary. The Board of Directors may designate any Subsidiary (including any newly acquired or newly formed Subsidiary) to be an Unrestricted Subsidiary so long as (i) neither the Issuer nor any other Subsidiary is directly or indirectly liable for any Indebtedness of such Subsidiary, (ii) no... default with respect to any Indebtedness of such Subsidiary would permit (upon notice, lapse of time or otherwise) any holder of any other Indebtedness of the Issuer or any other Subsidiary to declare a default on such other Indebtedness or cause the payment thereof to be accelerated or payable prior to its stated maturity, (iii) neither the Issuer nor any other Subsidiary has a contract, agreement, arrangement, understanding or obligation of any kind, whether written or oral, with such Subsidiary other than those that might be obtained at the time from persons who are not Affiliates of the Issuer and (iv) neither the Issuer nor any other Subsidiary has any obligation (1) to subscribe for additional shares of Capital Stock or other equity interest in such Subsidiary or (2) to maintain or preserve such Subsidiary's financial condition or to cause such Subsidiary to achieve certain levels of operating results. Any such designation by the Board of Directors shall be evidenced to the Trustee by filing a board resolution with the Trustee giving effect to such designation. The Board of Directors may designate any Unrestricted Subsidiary as a Restricted Subsidiary if immediately after giving effect to such designation, there would be no Default or Event of Default under this Indenture and the Issuer could incur $1.00 of additional Indebtedness (other than Intercompany Indebtedness) pursuant to Section 1011 of the Original Indenture. View More

Unrestricted Subsidiary. Means Eagle Park Reservoir Company, SSI Venture LLC, Vail Associates Investments, Inc., Boulder/Beaver, LLC, Colter Bay Corporation, Gros Venture Utility Company, Jackson Hole Golf & Tennis Club, Jackson Lake Lodge Corporation, Jenny Lake Lodge, Inc., Forest Ridge Holdings, Inc., Vail Resorts Holdings, Inc. (f/k/a "VREJV, Inc."), and any existing Subsidiary or newly-formed Subsidiary created by Borrower pursuant to Section 8.11 (which may be a partnership, joint venture,... corporation, limited liability company or other entity) (a) which does not own any Forest Service Permit or the stock of any Restricted Company or any of the assets described on Schedule 2, (b) which has (and whose other partners, joint venturers, members or shareholders have) no Debt or other material obligation which is recourse to any Restricted Company or to the assets of any Restricted Company (other than with respect to limited guarantees or other recourse agreements of the Companies which are permitted to be incurred hereunder within the $100,000,000 of recourse Debt allowed under clause (f) of the definition of "Permitted Debt"), and (c) which has been designated by Borrower as an Unrestricted Subsidiary by notice to Agent. Subject to Section 14.10(b)(v), Agent shall execute documentation reasonably required to release any Restricted Subsidiary which is redesignated by Borrower as an Unrestricted Subsidiary from its Guaranty. View More

Unrestricted Subsidiary. Means any Subsidiary of Holdings (other than the U.S. Borrower, Canada Holdings, Canada Intermediate Holdings, U.S. Holdings and U.S. FinCo) that it, U.S. FinCo or a Co-Borrower, designates as an Unrestricted Subsidiary pursuant to Section 6.13 subsequent to the Initial Effective Date.

Unrestricted Subsidiary. ‘Unrestricted Subsidiary' means either (i) SLG Acquisition LLC, a Delaware limited liability company or (ii) any Affiliate of the Borrower in which SLG Acquisition LLC, and no other Affiliate of the Borrower or any other Person, owns any Equity Interest, and in either case which has obtained or acquired an interest in any Loan, Commitment or portion thereof from a Lender pursuant to an Offer Document and the terms of this Agreement.

Unrestricted Subsidiary. Means an "Unrestricted Subsidiary" within the meaning of the Indenture dated October 1, 1997 between the Company and The Bank of New York, as trustee, pursuant to which the Company's 8-3/4% Senior Subordinated Notes due 2009 were issued and are outstanding; PROVIDED that such "Unrestricted Subsidiary" shall not constitute an Unrestricted Subsidiary hereunder if it is (x) subject to restrictive operating covenants contained in any document or instrument pursuant to which Indebtedness of ANI the... Company or any other Subsidiary of the Company is issued or by which any such Indebtedness is governed or (y) obligated, directly or indirectly, as primary obligor or as guarantor, for any Indebtedness, of the Company or any other Subsidiary, or any Lien on any of its assets shall secure any such Indebtedness. View More

Unrestricted Subsidiary. (a) any Subsidiary of Parent which is hereafter designated an Unrestricted Subsidiary of Parent by Parent's Board of Directors in compliance with the following sentence, and (b) any Subsidiary of an Unrestricted Subsidiary. The Board of Directors of Parent may at any time and from time to time designate any Subsidiary of Parent (other than Borrower or any Subsidiary of Borrower) as an Unrestricted Subsidiary provided that (i) no Default or ... Event of Default has occurred or is continuing at the time of such designation and after giving effect to such designation, (ii) immediately after such designation, no Restricted Person has any Liability to pay any Indebtedness of such Subsidiary, has in any way guaranteed any Indebtedness of such Subsidiary, or has any assets or properties which are subject to any Lien securing any Indebtedness of such Subsidiary, and (iii) notice of any such designation is promptly given to Lender in writing. View More

Unrestricted Subsidiary. : (1) any Subsidiary of the Company that at the time of determination shall be designated an Unrestricted Subsidiary by the Board of Directors in the manner provided by the Notes Indenture; and (2) any Subsidiary of an Unrestricted Subsidiary.

Unrestricted Subsidiary. Shall have the meaning ascribed to such term in the Senior Note Indenture.

Unrestricted Subsidiary. Each Subsidiary of LGEC listed in Schedule 3.7(d) and any other Subsidiary of LGEC which is (i) acquired without the use of any of the proceeds from either the Term Loans or the Revolving Credit Loans or the issuance of any other Indebtedness and (ii) designated by the Borrowers as an Unrestricted Subsidiary in a written notice to the Administrative Agent; provided, however, that (A) after giving effect to such designation, no Default or Event of Default shall be continuing at the time of such... designation or on a pro forma basis as of the most recent date for which a compliance certificate has been delivered pursuant to Section 5.1(a) hereof and (B) the Borrowers may elect that any Unrestricted Subsidiary no longer remain an Unrestricted Subsidiary by providing written notice thereof to the Administrative Agent along with an Instrument of Assumption and Joinder executed by such former Unrestricted Subsidiary, appropriate UCC-1 financing statements, certificates representing all Pledged Securities owned by such former Unrestricted Subsidiary together with an undated stock power executed in blank, corporate documents to the extent set forth in Section 4.1(a) and, upon request, written opinions of counsel (which may be an employee of, or counsel for, a Credit Party) in form and substance reasonably satisfactory to the Administrative Agent; provided, further, that after giving effect to such election, no Default or Event of Default shall be continuing at the time of such election or on a pro forma basis as of the most recent date for which a compliance certificate has been delivered pursuant to Section 5.1(a) hereof View More

Unrestricted Subsidiary. Means Penn Virginia Resource GP, LLC, a Delaware limited liability company, Penn Virginia Resource LP Corp., a Delaware corporation, Penn Virginia Resource Holdings Corp., a Delaware corporation, Penn Virginia Resource GP Corp., a Delaware corporation, Kanawa Rail Corp., a Virginia corporation, Penn Virginia Technology, Inc., a Delaware corporation, EnerSearch, Inc., a Virginia corporation, each of their respective Subsidiaries, and any other Subsidiary of Borrower that is designated either (i)... on Schedule 5.14 or (ii) in the manner set forth in Section 6.2.6. As of the Closing Date, the Unrestricted Subsidiaries are designated on Schedule 5.14 as such. View More