Common use of Certain Documentation Clause in Contracts

Certain Documentation. On or prior to the Twelfth Amendment Effective Date, the Company shall have delivered to the Administrative Agent true and correct copies, certified as such by a financial officer of the Company, of the following documentation as then in effect (or, to the extent such documentation is not then in effect, the most recent drafts of the respective documentation): (i) the European Receivables Facility and all related documentation, (ii) the Exide Holding Senior Unsecured Notes Documents, (iii) the DETA Acquisition Documents and, to the extent then available to the Company, all documentation relating to any Indebtedness which is, or is expected to become, DETA Acquisition Assumed Indebtedness, (v) the Receivables Facility and (vi) the Exide European Refinancing Facility Agreement. On the Initial Tranche D Term Loan Borrowing Date, the Company shall have delivered to the Administrative Agent a certification to the effect that there have been no modifications or additions (including as a result of additional documentation being made available to the Company) to the documentation previously delivered pursuant to the immediately preceding sentence or, to the extent there have been any such modifications or additions, attaching true and correct copies of the relevant documents. All documentation delivered pursuant to this Section 6B.13 shall be required to be in form and substance reasonably satisfactory to the Required Banks and the Required Tranche D Banks. The acceptance of the proceeds of the Tranche D Term Loans shall constitute a representation and warranty by the Company to the Agents and each of the Banks that all the conditions specified in this Section 6B and Section 7 exist as of that time. All of the Tranche D Term Notes, certificates, legal opinions and other documents and papers referred to in this Section 6B and Section 7, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Banks and, except for the Tranche D Term Notes, in sufficient counterparts for each of the Tranche D Banks and shall be in form and substance reasonably satisfactory to the Required Banks and the Required Tranche D Banks."

Certain Documentation. On or prior to the Twelfth Amendment Effective Date, the Company Administrative Agent shall have delivered to received the Administrative Agent true and correct copiesfollowing, certified each dated as such by a financial officer of the Company, of the following documentation as then in effect (or, to the extent such documentation is not then in effect, the most recent drafts of the respective documentation): (i) the European Receivables Facility Closing Date and all related documentation, (ii) the Exide Holding Senior Unsecured Notes Documents, (iii) the DETA Acquisition Documents and, to the extent then available to the Company, all documentation relating to any Indebtedness which is, or is expected to become, DETA Acquisition Assumed Indebtedness, (v) the Receivables Facility and (vi) the Exide European Refinancing Facility Agreement. On the Initial Tranche D Term Loan Borrowing Date, the Company shall have delivered to the Administrative Agent a certification to the effect that there have been no modifications or additions (including as a result of additional documentation being made available to the Company) to the documentation previously delivered pursuant to the immediately preceding sentence or, to the extent there have been any such modifications or additions, attaching true and correct copies of the relevant documents. All documentation delivered pursuant to this Section 6B.13 shall be required to be in form and substance reasonably satisfactory to the Required Banks Administrative Agent and the Required Tranche D Banks. The acceptance of the proceeds of the Tranche D Term Loans shall constitute a representation and warranty its counsel: (i) this Agreement, duly executed by the Company to the Agents Borrowers, Parent and each of the Banks that all the conditions specified in this Section 6B and Section 7 exist as of that time. All of the Tranche D Term Notes, certificates, legal opinions and other documents and papers referred to in this Section 6B and Section 7, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office Lender; (ii) for the account of each Lender which has requested the same by notice to Administrative Agent at least 3 Business Days prior to the Closing Date (or such later date as maybe agreed by Administrative Agent), a Note conforming to the requirements set forth in Section 2.11(e); (iii) duly executed originals of the Banks andGuaranty and Pledge Agreement; (iv) duly executed originals of the Chula Vista Assignment of Purchase Agreement; (v) duly executed originals of the Escondido Assignment of Purchase Agreement; (vi) duly executed originals of the Chula Vista Seller Acknowledgment of Assignment; (vii) duly executed originals of the Escondido Seller Acknowledgement of Assignment; (viii) acknowledgement copies of proper financing statements (Form UCC-l) duly filed under the UCC in all jurisdictions as may be necessary or, except in the opinion of Administrative Agent, desirable to perfect Administrative Agent’s Lien, for the Tranche D Term Notesbenefit of itself and the Lenders, on the Collateral; (ix) certified copies of UCC searches, or other evidence satisfactory to Administrative Agent, listing all effective financing statements which name a Borrower or any other Credit Party (under present name, any previous name or any trade or doing business name) as debtor and covering all jurisdictions referred to in clause (viii) above, together with copies of such other financing statements; (x) evidence of the completion of all other recordings and filings (including UCC-3 termination statements and other Lien release documentation) as may be necessary or, in sufficient counterparts the opinion of and at the request of Administrative Agent, desirable to perfect Administrative Agent’s Lien, for the benefit of itself and the Lenders, on the Collateral and ensure such Collateral is free and clear of other Liens; (xi) a Power of Attorney duly executed by each Borrower; and (xii) duly executed originals of the Tranche D Banks and shall be in form and substance reasonably satisfactory to the Required Banks and the Required Tranche D BanksFee Letter."