Executive Proceedings. Each Spanish Security Document shall be formalized in a Spanish Public Document so that it may have the status of an executive title for all purposes contemplated in Article 517, number 4 of the Spanish Civil Procedure Law (law 1/2000 of 7 January).
Executive Proceedings. (a) At the discretion of the holders of the Notes, the ratification of the position of each Spanish Obligor as a Subsidiary Guarantor under this Agreement shall be formalized in a Spanish public document (escritura pública), so that it has the status of a notarial document of loan for all purposes contemplated in article 517, paragraph 2, number 4 of the Civil Procedural Law.
Executive Proceedings. 39.1 This Agreement and any other Finance Document at the discretion of the Facility Agent, as well as any amendments hereto or thereto, shall be formalised in a Spanish Public Document, so that it may have the status of a notarial document of loan for all purposes contemplated in Article 517, number 4 of the Spanish Civil Procedural Law (Law 1/2000 of 7th January) (“Ley de Enjuiciamiento Civil”) (the “Civil Procedural Law”), and Articles 913-4 and 914-2 in relation to Article 916-2 of the Spanish Commercial Code and other related provisions.
Executive Proceedings. (a) Each Senior Finance Document and any amendments thereto, shall, at the discretion of the Facility Agent, be formalised in a Spanish Public Document, so that it may have the status of a notarial document of loan for all purposes contemplated in Articles 517 et seq. of the Spanish Civil Procedural Law and other related provision.
Executive Proceedings. (a) This Agreement and any other Loan Documents which a Spanish Obligor is a guarantor or provider of security to, at the discretion of the Collateral Agent, as well as any amendments hereto or thereto, shall be formalised in a Spanish Public Document, so that it may have the status of a notarial document of loan for all purposes contemplated in Article 517, number 4 of the Spanish Civil Procedural Law (Law 1/2000 of 7th January) (“Ley de Ejuiciamiento Civil”) (the “Civil Procedural Law”).
Executive Proceedings. (i) For the purpose of articles 571 et seq. of the Spanish Civil Procedural Law, the Parties agree that:
Executive Proceedings. Any dis- agreement or dispute arising in the performance of the contract shall be resolved by the execu- tives of the Parties authorized for this purpose. If the dispute has not been resolved within a period of thirty (30) calendar days from the date of the written notice, the matter shall be sub- mitted to the highest executive of each of the Parties residing in Colombia, for the purpose of seeking a mutually acceptable solution. If within thirty (30) calendar days following the date on which either of the Parties asked the other to submit the dispute to the aforementioned exec- utives, the Parties reach an agreement or make a decision on the matter in question, within fif- teen (15) calendar days after such agreement or decision is reached the agreement or decision adopted shall be signed.
Executive Proceedings. (i) For the purpose of article 571 et seq. of the Spanish Civil Procedural Act, the parties hereto hereby agree that (A) upon the occurrence of an Event of Default the amount due and payable under the Loan Documents by any Spanish Guarantor that may be claimed in any executive proceedings will be contained in a certificate setting out the relevant calculations and determinations provided by the Administrative Agent or a Loan Party and will be based on the accounts maintained by the Administrative Agent or that Loan Party in connection with this Agreement; (B) the Administrative Agent and/or each Loan Party may (at the cost of the relevant Spanish Guarantor) have the certificate notarized evidencing that the calculations and determinations have been effected and (C) the Administrative Agent and/or the Loan Parties may claim the total amount of the principal and interest due if there is a default in the repayment of any instalment of principal or interest, subject to any of the applicable guarantee limitations established under this Agreement.
Executive Proceedings. 79 -ii- THE SCHEDULES SCHEDULE PAGE -------- ---- SCHEDULE 1 THE ORIGINAL PARTIES.................................. 81 SCHEDULE 2 REQUESTS.............................................. 87 SCHEDULE 3 MANDATORY COST FORMULAE............................... 89 SCHEDULE 4 FORM OF TRANSFER CERTIFICATE.......................... 92 SCHEDULE 5 FORM OF ACCESSION LETTER.............................. 94 SCHEDULE 6 FORM OF COMPLIANCE CERTIFICATE........................ 95 SCHEDULE 7 TIMETABLES............................................ 97 SCHEDULE 8 FORM OF RESIGNATION LETTER............................ 99 THIS AGREEMENT (the "AGREEMENT") is dated August 2005 and made between:
Executive Proceedings i.For the purpose of articles 571 et seq. of the Spanish Civil Procedural Law, the Parties agree that: ah. any amount due and payable (importe vencido, líquido y exigible) under the Loan Documents by the Spanish Borrower that may be claimed in any executive proceedings in Spain will be set out in a certificate which details the relevant calculations and determinations provided by the Lender and will be based on the Register maintained by the Administrative Agent in connection with this Agreement, all in accordance with Section 2.10; ai. the Parties expressly agree that such balance shall be considered as an acknowledgement of debt and may be claimed pursuant to the same provisions of such law; aj. the Administrative Agent may have the Certificate notarized evidencing that the calculations and determinations have been effected; and ak. the Administrative Agent may claim the total amount of the principal and interest due if there is a default in the repayment of any instalment of principal or interest, subject to any of the applicable guarantee and other limitations applying to Spanish Borrower set out in this Agreement.
