Designated Borrower. If the applicable Borrower is a Designated Borrower, then the conditions of Section 2.16 to the designation of such Borrower as a Designated Borrower shall have been met to the satisfaction of the Administrative Agent.
Designated Borrower. If the applicable Borrower is a Designated Borrower pursuant to Section 2.9(b), then the conditions of Section 2.9 as to the designation of such Borrower as a Designated Borrower shall have been met.
Designated Borrower. The Designated Borrower shall have no liability to repay any Swing Line Loans requested by the Company.
Designated Borrower. (a) Hasbro SA, a corporation organized under the laws of Switzerland and wholly-owned subsidiary of the Company, shall be the “Designated Borrower” hereunder and may borrow Loans for its account on the terms and conditions set forth in this Agreement.
Designated Borrower. Each Borrower may at any time, and from time to time, after the Closing Date by delivery to the Administrative Agent of a Borrower Designation Agreement duly executed by such Borrower and a specified Wholly-Owned Domestic Subsidiary (who shall be a Restricted Subsidiary), in substantially the form of Exhibit L hereto or such other form as agreed to by the Administrative Agent and MKS, designate such Restricted Subsidiary as a “Borrower” for purposes of this Agreement. Such designation shall become effective upon the execution and delivery to the Administrative Agent of (i) the aforementioned executed Borrower Designation Agreement, (ii) up-to-date certificates and Organization Documents in respect of such Subsidiary, similar to those delivered pursuant to Section 4.01(b), (iii) all amendments or joinders to this Agreement, any Revolving Notes issued and any other Loan Document deemed reasonably necessary by the Administrative Agent to accommodate the joinder of such Restricted Subsidiary as a Borrower hereunder and (iv) if such Subsidiary is not already a Guarantor, all Collateral Documents, guarantees, opinions and other documents and instruments as such Subsidiary shall be required to deliver to become a Guarantor and such other documents in form, content and scope reasonably satisfactory to the Administrative Agent as may be reasonably required by the Administrative Agent and all documentation and other information required by regulatory authorities under applicable “know your customer” and anti-money laundering rules and regulations. The Administrative Agent shall promptly notify each Lender of each such designation by a Borrower, the identity of the respective Subsidiary and the effective date of such joinder.
Designated Borrower. (a) The Company may at any time, (i) in the case of any Domestic Subsidiary, upon at least ten Business Days’ prior notice from the Company to the Agent and (ii) in the case of any Foreign Subsidiary, at least 15 Business Days’ prior notice from the Company to the Agent (or such shorter period as may be agreed by the Agent in its sole discretion), designate any Wholly-Owned Subsidiary of the Company (an “Applicant Borrower”) as a Designated Borrower to receive Loans hereunder by delivering to the Agent (which shall promptly deliver counterparts thereof to each Lender) (A) a duly executed notice and agreement in substantially the form of 168 Sealed Air – 4th A&R Syndicated Facility Agt Exhibit I, and (B) with respect to any Foreign Subsidiary, a duly executed counterpart of the Foreign Subsidiary Guaranty guaranteeing the other Borrowers that are Foreign Subsidiaries’ obligations under the Loan Documents (provided that, if a Foreign Subsidiary incorporated in Australia is restricted from becoming a Borrower (and a Guarantor) by reason of section 260A of the Australian Corporations Act it shall conduct a financial assistance ‘whitewash’ pursuant to section 260B of the Australian Corporations Act to overcome that restriction prior to its designation as a Borrower). The parties hereto acknowledge and agree that prior to any Applicant Borrower becoming entitled to utilize the credit facilities provided for herein, the Agent and the Lenders under such credit facilities shall have received such supporting resolutions, incumbency certificates, opinions of counsel and other documents or information, including all documentation and other information required by regulatory authorities under applicable “know your customer” and anti-money laundering rules and regulations, including the Patriot Act and, in the case of any Applicant Borrower that qualifies as a “legal entity customer” under the Beneficial Ownership Regulation, a Beneficial Ownership Certification in relation to such Applicant Borrower to any Lender that so requests, in each case form, content and scope reasonably satisfactory to the Agent, as may be required by the Agent or such Lenders in their sole discretion, and Notes signed by such new Borrowers to the extent any of such Lenders so require. If the Agent and, with respect only to a putative Borrower (x) under a Facility under which Borrowings of any Foreign Currency may be made or (y) that is an entity organized or formed outside of the United States...
Designated Borrower. Prior to the first Drawdown, ACT may designate one or more of its Canadian Subsidiaries as additional or substitute Borrower hereunder (the “Designated Borrower”). If ACT is substituted as a Borrower, ACT shall be a Guarantor for all purposes under the Operative Documents. Upon such designation, ACT shall cause the Designated Borrower to execute and deliver a Joinder Agreement whereby the Designated Borrower shall agree to become a party hereto as if an original signatory hereto and to be bound by all Obligations applicable to it as Borrower hereunder and under the Operative Documents and, upon such execution and delivery, the Designated Borrower shall be deemed to be a party hereto and shall assume all obligations of the Borrower hereunder, without novation.
Designated Borrower. (a) Alterra Capital may designate any Wholly-Owned direct or indirect Subsidiary (an “Applicant Borrower”) as a Designated Borrower to request Letters of Credit and receive Loans hereunder by delivering to the Administrative Agent a duly executed Designated Borrower Request at least 15 Business Days (unless such Applicant Borrower is (i) organized in Bermuda, Ireland, the United Kingdom or the United States, in which case at least ten Business Days or (ii) Alterra Reinsurance USA, in which case at least five Business Days) prior to the proposed date specified in such Designated Borrower Request (the “Designated Date”) on which such Applicant Borrower is requested to become a Designated Borrower (or, in each case, such shorter period as may be agreed by the Administrative Agent in its sole discretion). Promptly following its receipt of a Designated Borrower Request, the Administrative Agent shall deliver a copy thereof to each Lender and, if such Applicant Borrower is organized in a jurisdiction other than Bermuda, Ireland, the United Kingdom or the United States, such Lender shall, not later than the Designated Date specified therein, notify the Administrative Agent whether such Lender consents to such Applicant Borrower becoming a Designated Borrower. Each Lender agrees that it consents to the designation of any Applicant Borrower organized in Bermuda, Ireland, the United Kingdom or the United States as a Designated Borrower entitled to request Loans and Letters of Credit.
Designated Borrower. If the applicable Borrower is a Designated Borrower, then the conditions of Section 2.13 to the designation of such Borrower as a Designated Borrower shall have been met to the satisfaction of the Lender. The Lender agrees and acknowledges that, with respect to the Designated Borrowers party to this Agreement as of the Closing Date, such conditions have been met to the satisfaction of the Lender.
Designated Borrower. (a) Effective as of the Closing Date, each of Quail Tools, L.P.; Xxxxxx Drilling Arctic Operating, LLC; Xxxxxx Drilling Offshore USA, L.L.C., Xxxxxx Drilling Company North America, Inc., and Xxxxxx Well Services, LLC shall be a “Designated Borrower” hereunder and may receive Loans for its account on the terms and conditions set forth in this Agreement; provided that such Subsidiary shall be a Wholly-Owned Domestic Subsidiary of the Parent Borrower and shall remain a Wholly-Owned Domestic Subsidiary of the Parent Borrower for as long as such Subsidiary is a Designated Borrower.
