Common use of Centre of Main Interests and Establishments Clause in Contracts

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 13 contracts

Samples: Counterpart Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.), Senior Secured Convertible Note Purchase and Guarantee Agreement (Airspan Networks Holdings Inc.)

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Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its each European Loan Party’s centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation organization and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 5 contracts

Samples: Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its each of the UK Borrower’s centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no none of them have an “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 4 contracts

Samples: Guaranty and Security Agreement (Turtle Beach Corp), Guaranty and Security Agreement, Term Loan, Guaranty and Security Agreement (Turtle Beach Corp)

Centre of Main Interests and Establishments. For the purposes of Regulation regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its each of the UK Guarantors’ centre of main interest (as that term is used in Article 3(13(l) of the Regulation) is situated in its jurisdiction of incorporation and it has no none of them have an “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 4 contracts

Samples: Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 The Council of the European Parliament and of the Council of 20 May 2015 Union Regulation No. 2015/848 on insolvency proceedings Insolvency Proceedings (recast) (the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is not situated in its jurisdiction of incorporation the US or the United Kingdom and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other such jurisdiction.

Appears in 4 contracts

Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) ), as incorporated into English law by the European Union Withdrawal Act 2018 (the “RegulationEU Withdrawal Act”), its the centre of main interest (as that term is used in Article 3(1) of the RegulationEU Withdrawal Act) of each Loan Party incorporated under the laws of England and Wales is situated in its jurisdiction of incorporation and it has no “establishment” (as that term is used in Article 2(10) of the RegulationEU Withdrawal Act) in any other jurisdiction.

Appears in 3 contracts

Samples: Credit and Security Agreement (Quantum Corp /De/), Credit and Security Agreement (Quantum Corp /De/), Revolving Credit and Security Agreement (Quantum Corp /De/)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) ), as incorporated into English law by the European Union Withdrawal Act 2018 (the “Regulation”), its the centre of main interest (as that term is used in Article 3(1) of the Regulation) of each Loan Party incorporated under the laws of England and Wales is situated in its jurisdiction of incorporation and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 3 contracts

Samples: Term Loan Credit and Security Agreement (Quantum Corp /De/), Term Loan Credit and Security Agreement (Quantum Corp /De/), Security Agreement (Quantum Corp /De/)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation Original Jurisdiction and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 2 contracts

Samples: Credit Agreement (Valneva SE), Credit Agreement (Valneva SE)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 The Council of the European Parliament and of the Council of 20 May 2015 Union Regulation No. 2015/848 on insolvency proceedings Insolvency Proceedings (recast) (the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction within the European Union and/or the state of incorporation Approved Flag and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 2 contracts

Samples: Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its each of the Foreign Domiciled Obligor’s centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no none of them have an “establishment” (as that term is used in Article 2(102(h) of the Regulation) in any other jurisdiction.

Appears in 2 contracts

Samples: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.), Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”Regulations), its the Borrower’s centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation Original Jurisdiction and it has no does not have any “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 2 contracts

Samples: Agreement (Cool Co Ltd.), Agreement (Cool Co Ltd.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 The Council of the European Parliament and of the Council of 20 May 2015 Union Regulation No. 2015/848 on insolvency proceedings Insolvency Proceedings (recast) (the “recast)(the "Regulation"), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated at the address for notices stated in its jurisdiction of incorporation Schedule 1 and it has no "establishment" (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 2 contracts

Samples: Banks and Financial Institutions (Okeanis Eco Tankers Corp.), Banks and Financial Institutions (Okeanis Eco Tankers Corp.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)) (the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction. This is not a Repeating Representation.

Appears in 2 contracts

Samples: Facilities Agreement (Liberty Global PLC), Restatement Agreement (Liberty Global PLC)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the "Regulation"), its the centre of main interest (as that term is used in Article 3(1) of the Regulation) of each Credit Party that is a Foreign Subsidiary incorporated under the laws of a member state of the European Union is situated in its jurisdiction of incorporation and it has no “establishment” (as that term is used in Article 2(102(h) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Centre of Main Interests and Establishments. For the purposes of the Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the "Regulation"), its each European Loan Party's centre of main interest interests (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no "establishment" (as that term is used in Article 2(102(h) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Credit and Security Agreement (Invacare Corp)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 The Council of the European Parliament and of the Council of 20 May 2015 Union Regulation No. 2015/848 on insolvency proceedings Insolvency Proceedings (recast) (the “recast)(the "Regulation"), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated at the address for communication stated in its jurisdiction of incorporation Schedule 1, Part A (The Obligors) and it has no "establishment" (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Facility Agreement (Seanergy Maritime Holdings Corp.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its each of the U.K. Obligor’ centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no none of them have an “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Loan and Security Agreement (Mynd.ai, Inc.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its the centre of main interest (as that term is used in Article 3(1) of the Regulation) of each Loan Party that is incorporated in a jurisdiction to which the Regulation applies, is situated in its jurisdiction of incorporation and it has no none of them have an “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Primo Water Corp /CN/)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), each Foreign Subsidiary incorporated or organised in the United Kingdom or any member state of the European Union has its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation or organisation and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Horizon Global Corp)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) No. 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings Insolvency Proceedings (recast) (the “Regulation”), its the centre of main interest of each of the Obligors (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation that Obligor’s Original Jurisdiction and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Facility Agreement (Navios Maritime Partners L.P.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 The Council of the European Parliament and of the Council of 20 May 2015 Union Regulation No. 2015/848 on insolvency proceedings Insolvency Proceedings (recast) (the recast)(the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation each case at the address for communication stated in Schedule 1 (The Parties), Part A and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Facility Agreement (Okeanis Eco Tankers Corp.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 The Council of the European Parliament and of the Council of 20 May 2015 Union Regulation No. 2015/848 on insolvency proceedings Insolvency Proceedings (recast) (the recast)(the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated at the address for communication stated in its jurisdiction of incorporation Schedule 1 (The Parties), Part A (The Obligors) and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Facility Agreement (Seanergy Maritime Holdings Corp.)

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Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the "Regulation"), its each UK Incorporated Obligor's centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no “none of them have an "establishment" (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Loan and Security Agreement (Innerworkings Inc)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its the centre of main interest (as that term is used in Article 3(1) of the Regulation) of each Credit Party incorporated in a jurisdiction that is a member of the European Union is situated in its jurisdiction of incorporation and it has no “establishment” establishment (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Crawford & Co)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no "establishment" (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Credit Agreement (New Beginnings Acquisition Corp.)

Centre of Main Interests and Establishments. For the purposes of Regulation regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its each of the UK Subsidiaries’ centre of main interest (as that term is used in Article 3(13(l) of the Regulation) is situated in its jurisdiction of incorporation and it has no none of them have an “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Loan and Security Agreement (Summer Infant, Inc.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its each UK Incorporated Obligor’s centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no none of them have an “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Loan and Security Agreement (Innerworkings Inc)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) not located in any jurisdiction other jurisdictionthan the Netherlands.

Appears in 1 contract

Samples: Subscription Agreement (Alternus Energy Inc.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 The Council of the European Parliament and of the Council of 20 May 2015 Union Regulation No. 2015/848 on insolvency proceedings Insolvency Proceedings (recast) (the “recast)(the "Regulation"), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction each case at the address for notices stated in Part A of incorporation Schedule 1, (The Parties) and it has no "establishment" (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Agreement (Okeanis Eco Tankers Corp.)

Centre of Main Interests and Establishments. For the purposes of Regulation regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation England and Wales and it has no “establishment” (as that term is used in Article 2(102(h) of the RegulationRegulations) in any other jurisdiction.

Appears in 1 contract

Samples: assets.mintos.com

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the "Regulation"), its the centre of main interest (as that term is used in Article 3(1) of the Regulation) of each Loan Party that is incorporated in a jurisdiction to which the Regulation applies, is situated in its jurisdiction of incorporation and it has no “none of them have an "establishment" (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.. ARTICLE VI

Appears in 1 contract

Samples: Credit Agreement (Primo Water Corp /CN/)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its each Credit Party’s centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no “establishment” (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Loan Agreement (Reata Pharmaceuticals Inc)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its Each Obligor’s centre of main interest (as that term is used in Article 3(1) of the Regulation (EU) 2015/848) of 20 May 2015 on insolvency proceedings (recast) (the “EU Regulation) is situated in its jurisdiction of incorporation and it has no “establishment” (as that term is used in Article 2(10) of the EU Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Loan and Security Agreement (Topgolf Callaway Brands Corp.)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the "Regulation"), its each Credit Party’s centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no "establishment" (as that term is used in Article 2(10) of the Regulation) in any other jurisdiction.

Appears in 1 contract

Samples: Loan Agreement (INSMED Inc)

Centre of Main Interests and Establishments. For the purposes of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast) (the “Regulation”), its centre of main interest (as that term is used in Article 3(1) of the Regulation) is situated in its jurisdiction of incorporation and it has no “establishment” (as that term is used in Article 2(10) of the RegulationRegulations) in any other jurisdiction.

Appears in 1 contract

Samples: Facility Agreement (Amc Entertainment Holdings, Inc.)

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