Common use of Proper Form Clause in Contracts

Proper Form. The Loan Documents are (or, in the case of any Note, will be, upon the issuance thereof in accordance herewith) in proper legal form for the enforcement thereof in Mexico, against each Loan Party; provided that, if any legal proceedings are brought in a court of Mexico for the enforcement against a Loan Party, of this Agreement, the Fee Letters or any other Loan Document that is executed in a language other than Spanish, a Spanish translation of such document prepared by a translator approved by the Mexican court would have to be approved by such court after such Loan Party has been given the opportunity to be heard with respect to the accuracy of the translation, and proceedings would thereafter be based on the translated documents. To ensure the legality, validity, enforceability or admissibility in evidence of this Agreement, the Fee Letters or any other Loan Document in Mexico it is not necessary that this Agreement, the Fee Letters or any other Loan Document be filed or recorded with any Governmental Authority in Mexico or be notarized, or that any stamp or similar tax be paid on or in respect of this Agreement, the Fee Letters or any other Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)

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Proper Form. The Loan Documents are (or, in the case of any Note, will be, upon the issuance thereof in accordance herewith) in proper legal form for the enforcement thereof in Mexico, against each Loan PartyObligor; provided provided, that, if any legal proceedings are brought in a court of Mexico for the enforcement against a Loan Partyany Obligor, of this Agreement, the Fee Arrangement Letters or any other Loan Document that is executed in a language other than Spanish, a Spanish translation of such document prepared by a translator approved by the Mexican court would have to be approved by such court after such Loan Party Obligor has been given the opportunity to be heard with respect to the accuracy of the translation, and proceedings would thereafter be based on the translated documents. To ensure the legality, validity, enforceability or admissibility in evidence of this Agreement, the Fee Arrangement Letters or any other Loan Document in Mexico it is not necessary that this Agreement, the Fee Arrangement Letters or any other Loan Document be filed or recorded with any Governmental Authority in Mexico or be notarized, or that any stamp or similar tax be paid on or in respect of this Agreement, the Fee Arrangement Letters or any other Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)

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Proper Form. The Loan Documents are (or, in the case of any Note, will be, upon the issuance thereof in accordance herewith) in proper legal form for the enforcement thereof in Mexico, against each Loan PartyObligor; provided provided, that, if any legal proceedings are brought in a court of Mexico for the enforcement against a Loan Partyany Obligor, of this Agreement, the Fee Letters or any other Loan Document that is executed in a language other than Spanish, a Spanish translation of such document prepared by a translator approved by the Mexican court would have to be approved by such court after such Loan Party Obligor has been given the opportunity to be heard with respect to the accuracy of the translation, and proceedings would thereafter be based on the translated documents. To ensure the legality, validity, enforceability or admissibility in evidence of this Agreement, the Fee Letters or any other Loan Document in Mexico it is not necessary that this Agreement, the Fee Letters or any other Loan Document be filed or recorded with any Governmental Authority in Mexico or be notarized, or that any stamp or similar tax be paid on or in respect of this Agreement, the Fee Letters or any other Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)

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