Notarization. (a) The Spanish Guarantors undertake, and the Secured Notes Secured Parties hereby expressly authorize, the Trustee and the Notes Collateral Agent, to, on the date the Spanish Security Documents are entered into in Spain, raise this Indenture and, as soon as possible and in any case within 20 Business Days from the reasonable request of the Security Agent and subject to paragraph (b) below, any other document amending, extending, supplementing, ratifying and/or restating this Indenture, any supplemental indenture in relation to it, or any Spanish Security Document, to the status of a Spanish Public Document. (b) Any subsequent accession of a Spanish Guarantor, amendment, extension, supplement or restatement of this Indenture, any Spanish Security Documents or any other document that has been raised to the status of a Spanish Public Document in accordance with paragraph (a) above will only be formalized in a Spanish Public Document, provided that if such amendment, extension, supplement or restatement is to be formalized in a Spanish Public Document, then the secured parties shall use reasonable endeavors to limit costs that arise in connection therewith. (c) All notarial fees arising from the notarization of any document as detailed in this Section 12.21 shall be borne by any of the Note Parties. (d) The Spanish Public Document: (i) will have the effects established under Articles 517 et seq. of the Spanish Civil Procedural Act; and (ii) may, if required by the Trustee and/or the Notes Collateral Agent, include a translation into Spanish of this Section, of all guaranteed obligations as well as any other Section of this Indenture that the Trustee and/or the Notes Collateral Agent may deem appropriate. (e) Each party to this Indenture hereby expressly authorizes the Trustee and the Notes Collateral Agent to request and obtain from the Spanish notary public before whom any document under item (a) above has been formalized, any further copy of any such document which has been notarized. The costs of issuance of the first copy with enforcement effects (con efectos ejecutivos) of such Spanish Public Document shall be borne by the Issuer, and the cost regarding the issuance of additional copies will be borne by the Party requesting such additional copies.
Appears in 2 contracts
Sources: Indenture (Graftech International LTD), Indenture (Graftech International LTD)
Notarization. (a) The Spanish Guarantors undertake, and the Secured Notes Secured Parties hereby expressly authorize, the Trustee and the Notes Collateral Agent, to, on the date the Spanish Security Documents are entered into in Spain, raise this Indenture Agreement and, as soon as possible and in any case within 20 Business Days from the reasonable request of the Security Collateral Agent and subject to paragraph (b) below, any other document amending, extending, supplementing, ratifying and/or restating this IndentureAgreement, any supplemental indenture and/or joinder agreement in relation to it, or any Spanish Security Document, to the status of a Spanish Public Document.
(b) Any subsequent accession of a Spanish Guarantor, amendment, extension, supplement or restatement of this IndentureAgreement, any Spanish Security Documents or any other document that has been raised to the status of a Spanish Public Document in accordance with paragraph (a) above will only be formalized in a Spanish Public Document, provided that if such amendment, extension, supplement or restatement is to be formalized in a Spanish Public Document, then the secured parties shall use reasonable endeavors to limit costs that arise in connection therewith.
(c) All notarial fees arising from the notarization of any document as detailed in this Section 12.21 9.23 shall be borne by any of the Note PartiesBorrower.
(d) The Spanish Public Document: (i) will have the effects established under Articles 517 et seq. of the Spanish Civil Procedural Act; and (ii) may, if required by the Trustee and/or the Notes Collateral Agent, include a translation into Spanish of this Section, of all guaranteed obligations as well as any other Section of this Indenture Agreement that the Trustee and/or the Notes Collateral Agent may deem appropriate.
(e) Each party to this Indenture Agreement hereby expressly authorizes the Trustee and the Notes Collateral Agent to request and obtain from the Spanish notary public before whom any document under item (a) above has been formalized, any further copy of any such document which has been notarized. The costs of issuance of the first copy with enforcement effects (con efectos ejecutivos) of such Spanish Public Document shall be borne by the IssuerBorrower, and being the cost regarding costs of the issuance of additional the second and subsequent copies will be borne by the Party requesting party which requests such additional copies.
Appears in 1 contract
Sources: Term Loan Credit Agreement (Graftech International LTD)