THE ORIGINAL BORROWERS Sample Clauses

THE ORIGINAL BORROWERS. Name of Original Borrower Registration number (or equivalent, if any) ------------------------- ------------------------------------------- SALTON HOLDINGS LIMITED 00114036 SALTON EUROPE LIMITED 00073700
Sample 1
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THE ORIGINAL BORROWERS. EXECUTED as a DEED ) for and on behalf of ) VIRGIN MEDIA INVESTMENT ) /s/ Xxxxxx Xxxx HOLDINGS LIMITED ) In the presence of: Witness’s signature: /s/ Xxxxx Xxx Name: Xxxxx Xxx Address: Xxxxx Xxxxx Xxxxxxx Xxxx Business Park Hook Hampshire RG27 9UP EXECUTED as a DEED ) for and on behalf of ) VIRGIN MEDIA LIMITED ) ) /s/ Xxxxxx Xxxx In the presence of: Witness’s signature: /s/ Xxxxx Xxx Name: Xxxxx Xxx Address: Xxxxx Xxxxx Xxxxxxx Xxxx Business Park Hook Hampshire RG27 9UP EXECUTED as a DEED ) for and on behalf of ) VIRGIN MEDIA WHOLESALE ) /s/ Xxxxxx Xxxx LIMITED ) In the presence of: Witness’s signature: /s/ Xxxxx Xxx Name: Xxxxx Xxx Address: Xxxxx Xxxxx Xxxxxxx Xxxx Business Park Hook Hampshire RG27 9UP EXECUTED as a DEED ) for and on behalf of ) VMIH SUB LIMITED ) /s/ Xxxxxx Xxxx ) In the presence of: Witness’s signature: /s/ Xxxxx Xxx Name: Xxxxx Xxx Address: Xxxxx Xxxxx Xxxxxxx Xxxx Business Park Hook Hampshire RG27 9UP EXECUTED as a DEED ) for and on behalf of ) VIRGIN MEDIA SFA FINANCE ) /s/ Xxxxxx Xxxx LIMITED ) In the presence of: Witness’s signature: /s/ Xxxxx Xxx Name: Xxxxx Xxx Address: Xxxxx Xxxxx Xxxxxxx Xxxx Business Park Hook Hampshire RG27 9UP THE FACILITY AGENT EXECUTED as a DEED for and on behalf of DEUTSCHE BANK AG, LONDON BRANCH By: /s/ Xxxxxx Xxxxxxxx By: /s/ Xxxxxx XxXxxxx THE L/C BANK EXECUTED as a DEED for and on behalf of DEUTSCHE BANK AG, LONDON BRANCH By: /s/ Xxxxxx Xxxxx By: /s/ Xxxxx XxXxxxxxx Xxxxxx Xxxxx Xxxxx XxXxxxxxx Vice President Managing Director THE ADDITIONAL FACILITY LENDERS EXECUTED AS A DEED by ) DEUTSCHE BANK AG, LONDON ) BRANCH ) /s/ Xxxxxx Xxxxx ) Title: Vice President acting by its authorised signatories ) and ) /s/ Xxxxx XxXxxxxxx ) Title: Managing Partner acting under the authority of that ) company ) In the presence of : /s/ Xxxxx Xxxxxxxxx Name of witness: Xxxxx Xxxxxxxxx Address of witness: 0 Xxxxx Xxxxxxxxxx Xxxxxx, Xxxxxx XX0X 0XX Occupation of witness: Vice President EXECUTED AS A DEED by ) BANK OF AMERICA, N.A. ) acting by: ) /s/ Xxxx Xxxxxxx Name: Xxxx Xxxxxxx Title: Vice President In the presence of: /s/ Xxxx Xxxxx Xxxx Witness name: Xxxx Xxxxx Xxxx Witness address: 00X Xxxxxxxxx Xxxx XX0 0XX Xxxxxx Witness occupation: Credit Analyst EXECUTED AS A DEED by ) BNP PARIBAS LONDON BRANCH ) acting by: ) /s/ Xxxxx Xxxxx /s/ Xxxxxxx Xxxxx Name: Xxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Managing Director Title: Director In the presence of: /s/ Xxxxxx Xxxxxxx Witness name: Xxxxxx Xxxxxxx Witness address: 00X Xxxx...
Sample 1
THE ORIGINAL BORROWERS. Name of Original Borrower Jurisdiction of incorporation Registration number (or equivalent, if any) BHP Billiton Finance Limited Australia ABN 82 008 519 319 BHP Billiton Limited Australia ABN 49 004 028 077 BHP Billiton Finance plc England and Wales 06683534 BHP Billiton Plc England and Wales 03196209
Sample 1
THE ORIGINAL BORROWERS. EXECUTED AS A DEED For and on behalf of CEMEX, S.A.B. DE C.V. By: XXXX X. XXXXXXXX Print name: XXXX X. XXXXXXXX Witness: XXXXXX XXXX XXXX XXXXXX Print name: XXXXXX XXXX XXXX XXXXXX Occupation: ANALYST Address: AVENUE XXXXXXX XXXXXXX XXXXXX, XX. 000 XXX XXXXX XXXXX, XXXXXX, 66265 MÉXICO Signature page to the Intercreditor Agreement EXECUTED AS A DEED For and on behalf of CEMEX ESPAÑA, S.A. By: XXXXXX X. XXXX Print name: XXXXXX X. XXXX Witness: XXXXXX XXXXXXXXX XXXXXX Print name: XXXXXX XXXXXXXXX XXXXXX Occupation: ANALYST Address: AVENUE XXXXXXX XXXXXXX XXXXXX, XX. 000 XXX XXXXX XXXXX, XXXXXX, 66265 MÉXICO Signature page to the Intercreditor Agreement EXECUTED AS A DEED For and on behalf of NEW SUNWARD HOLDING B.V. By: XXXXXX X. XXXX Print name: XXXXXX X. XXXX Witness: XXXXXX XXXXXXXXX XXXXXX Print name: XXXXXX XXXXXXXXX XXXXXX Occupation: ANALYST Address: AVENUE XXXXXXX XXXXXXX XXXXXX, XX. 000 XXX XXXXX XXXXX, XXXXXX, 66265 MÉXICO Signature page to the Intercreditor Agreement EXECUTED AS A DEED For and on behalf of CEMEX MATERIALS LLC By: XXXXXX X. XXXX Print name: XXXXXX X. XXXX Witness: XXXXXX XXXXXXXXX XXXXXX Print name: XXXXXX XXXXXXXXX XXXXXX Occupation: ANALYST Address: AVENUE XXXXXXX XXXXXXX XXXXXX, XX. 000 XXX XXXXX XXXXX, XXXXXX, 66265 MÉXICO Signature page to the Intercreditor Agreement EXECUTED AS A DEED For and on behalf of CEMEX FINANCE LLC By: XXXXXX X. XXXX Print name: XXXXXX X. XXXX Witness: XXXXXX XXXXXXXXX XXXXXX Print name: XXXXXX XXXXXXXXX XXXXXX Occupation: ANALYST Address: AVENUE XXXXXXX XXXXXXX XXXXXX, XX. 000 XXX XXXXX XXXXX, XXXXXX, 66265 MÉXICO Signature page to the Intercreditor Agreement
Sample 1
THE ORIGINAL BORROWERS the Additional Borrower and the Guarantor each acknowledge and agree that the remaining outstanding principal balance of the Substitute Note as of the date hereof is $6,500,000.02 and that said sum is absolutely and unconditionally owing from them to the Bank. The Original Borrowers, the Additional Borrower and the Guarantor further acknowledge and agree that neither they, nor any of them, have any defense or claim of set off against payment of the indebtedness evidenced by the Substitute Note.
Sample 1
THE ORIGINAL BORROWERS. LUXOTTICA GROUP S.p.A. by: XXXXXX XXXXXXXXX Address: XXX XXXXX, 2, 20123, MILAN, ITALY Fax: +00 00 00000000 / +00 00 000000 Attention: XXXXXX XXXXXXXXX / XXXX XXXXXXXXXXXX LUXOTTICA U.S. HOLDINGS CORP. by: XXXXXX XXXXXXXXX Address: 00, XXXXXXX XXXX XXXXX, XXXX XXXXXXXXXX, XXX XXXX, 00000, XXX Fax: + 0 000 0000000 / + 1 516 4849010 / + 1 516 9183151 Attention: XXXX XXXXXXXX / XXXXXXX XXXXX / XXX XXXXX THE ORIGINAL GUARANTORS LUXOTTICA GROUP S.p.A. by: XXXXXX XXXXXXXXX Address: XXX XXXXX, 2, 20123, MILAN, ITALY Fax: +00 00 00000000 / +00 00 000000 Attention: XXXXXX XXXXXXXXX / XXXX XXXXXXXXXXXX LUXOTTICA U.S. HOLDINGS CORP. by: XXXXXX XXXXXXXXX Address: 00, XXXXXXX XXXX XXXXX, XXXX XXXXXXXXXX, XXX XXXX, 00000, XXX Fax: + 0 000 0000000 / + 1 516 4849010 / + 1 516 9183151 Attention: XXXX XXXXXXXX / XXXXXXX XXXXX / XXX XXXXX LUXOTTICA S.r.l. by: XXXXXX XXXXXXXXX Address: XXX XXXXX, 2, 20123, MILAN, ITALY 105 Fax: +00 00 00000000 / +00 00 000000 Attention: XXXXXX XXXXXXXXX / XXXX XXXXXXXXXXXX THE AGENTS UNICREDITO ITALIANO S.p.A., NEW YORK BRANCH by: XXXXXXX XXXXXXXX Address: 000 XXXX XXXXXX 0xx XXXXX, XXX XXXX, XX 00000, XXXXXX XXXXXX OF AMERICA Fax.: 00 0 000 0000000 Attention: XXXXXX XXXXX XXXXX / XXXXXXX XXXXX (CREDIT DEPT) - XXXXXX XXXXXX (LOAN ADMINISTRATION DEPT) UNICREDIT BANCA D’IMPRESA S.p.A. by: XXXXX XXXXX Address: PRESIDIO TERRITORIALE POOL LOMBARDIA 6606, XXXXX XXXXX 00, 00000, XXXXX, XXXXX Fax: +00 00 0000 0000 Attention: XXX XXXXXXX XXXXXXX THE MANDATED LEAD ARRANGERS ABN AMRO BANK N.V. by: XXXXXXX XXXXXXXX Address: Fax: Attention: BANCA INTESA S.p.A. by: XXXXXXX XXXXXXXX Address: Fax: Attention: 000 XXXX XX XXXXXXX SECURITIES LIMITED by: XXXXXXX XXXXX Address: Fax: Attention: CITIGROUP GLOBAL MARKETS LIMITED by: XXX XXXXXXXX Address: Fax: Attention: HSBC BANK PLC by: XXXX XXXXX Address: Fax: Attention: MEDIOBANCA - BANCA DI CREDITO FINANZIARIO S.p.A. by: XXXXXXX XXXXXXXX Address: Fax: Attention: THE ROYAL BANK OF SCOTLAND PLC by: XXXXXXX XXXXXXXX Address: Fax: Attention: 107 UNICREDIT BANCA MOBILIARE S.p.A. by: XXXXXXX XXXXXXXX Address: Fax: THE ORIGINAL LENDERS ABN AMRO BANK N.V., MILAN BRANCH by: XXXXXXX XXXXXXXX Address: Fax: Attention: ABN AMRO BANK N.V. Facility Office for US Borrower: by: XXXXXXX XXXXXXXX Address: Fax: Attention: BANCA INTESA S.p.A. Facility Office for US Borrower: by: XXXXXXX XXXXXXXX Address: Fax: Attention: 000 XXXX XX XXXXXXX, X.X., XXXXX XXXXXX by: XXXXXXX XXXXX Address: Fax: Attention: BANK OF AMERICA, N.A. Facility ...
Sample 1
THE ORIGINAL BORROWERS. LUXOTTICA GROUP S.p.A. by: XXXXXX XXXXXXXXX Address: Fax: Attention: LUXOTTICA U.S. HOLDINGS CORP. by: XXXXXX XXXXXXXXX Address: Fax: Attention:
Sample 1
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THE ORIGINAL BORROWERS the Lenders and the Agent have heretofore entered into that certain Loan and Security Agreement dated as of October 28, 1997 (as amended, restated, supplemented or otherwise modified from time to time, the "Loan Agreement").
Sample 1
THE ORIGINAL BORROWERS. (a) A copy of each Original Borrower’s constitutional documents.
Sample 1

Related to THE ORIGINAL BORROWERS

  • Additional Borrowers Other investment companies (or series of investment companies), in addition to those Borrowers which are original signatories to this Agreement, may, with the written approval of all the Banks, become parties to this Agreement and be deemed Tranche A Borrowers for all purposes of this Agreement by executing an instrument substantially in the form of Exhibit G hereto (with such changes therein may be approved by the Banks), which instrument shall (i) have attached to it a copy of this Agreement (as the same may have been amended) with a revised Allocation Notice reflecting the participation of such additional investment company and (ii) be accompanied by the documents and instruments required to be delivered by the Borrowers pursuant to Section 3.1 hereof, including, without limitation, an opinion of counsel for such Borrower, in a form reasonably satisfactory to the Administrative Agent and its counsel; provided, that the joinder of any additional Borrower shall be effective no earlier than five (5) Business Days following receipt by the Banks of such documents and information requested by the Administrative Agent or any Bank that are reasonably required in order to comply with “know-your-customer” and other anti-terrorism, anti-money laundering and similar rules and regulations, including without limitation the USA PATRIOT Act; and provided, further, that no such additional Borrower shall be added unless each of the Banks consent, except that (A) to the extent an existing Borrower converts to a “master/feeder” structure, no consent shall be required for the master trust in such structure to become a Borrower hereunder after such conversion, provided the converting Borrower ceases to be a Borrower hereunder on or prior to such conversion and provided that such master trust is formed under the laws of a State in the United States and (B) to the extent that an existing Borrower which is a “master trust” is merged into (or transfers all or substantially all of its assets and liabilities to) its feeder fund (the “Former Feeder Fund”), no consent shall be required for such Former Feeder Fund to become a Borrower if in connection with such merger or transfer such Former Feeder Fund shall hold all or substantially all the assets and liabilities of the prior master trust, such Former Feeder Fund is formed under the laws of a State in the United States and, prior to such merger or transfer, such Former Feeder Fund shall have no Debt. Additional Borrowers may be added to this Agreement only once per each calendar quarter. Each new Borrower added to the Credit Facility after the addition of five (5) new Borrowers shall pay a new Borrower’s fee in the amount of $1,500 to the Administrative Agent, provided that the Administrative Agent may, in its sole discretion, waive the requirement to pay such fee. To the extent that the Banks deem that the Permitted Asset Coverage Ratio is insufficient with respect to any Additional Borrower, the Joinder in which such Additional Borrower becomes a Borrower may, with the agreement of such Additional Borrower and each Bank, contain language amending this Agreement to provide for a different Permitted Asset Coverage Ratio with respect to such Additional Borrower.

  • Borrower’s Loan Application Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower’s knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Xxxxxxxx’s occupancy of the Property as Xxxxxxxx’s principal residence.

  • Conditions Precedent to All Borrowings The obligation of each Lender to make an Advance on the occasion of each Borrowing and of the Issuing Lender to issue, increase, or extend any Letter of Credit shall be subject to the further conditions precedent that on the date of such Borrowing or the date of the issuance, increase, or extension of such Letter of Credit:

  • Conditions Precedent to Loans and Letters of Credit 57 Section 3.1. Conditions to Effectiveness 57 Section 3.2. Conditions to Each Credit Event 60 Section 3.3. Delivery of Documents 60

  • Conditions Precedent to All Loans and Letters of Credit In addition to satisfaction or waiver of the conditions precedent contained in Section 6.1, the obligations of (i) Lenders to make any Loans and (ii) the Issuing Bank to issue Letters of Credit are each subject to the further conditions precedent that: (a) no Default or Event of Default shall exist as of the date of the making of such Loan or date of issuance of such Letter of Credit or would exist immediately after giving effect thereto, and no violation of the limits described in Section 2.16 would occur after giving effect thereto; (b) the representations and warranties made or deemed made by the Borrower and each other Loan Party in the Loan Documents to which any of them is a party, shall be true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall be true and correct in all respects) on and as of the date of the making of such Loan or date of issuance of such Letter of Credit with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects (except in the case of a representation or warranty qualified by materiality, in which case such representation or warranty shall be true and correct in all respects) on and as of such earlier date) and except for changes in factual circumstances specifically and expressly permitted hereunder; (c) in the case of the borrowing of Revolving Loans, the Administrative Agent shall have received a timely Notice of Borrowing, in the case of a Swingline Loan, the Swingline Lender shall have received a timely Notice of Swingline Borrowing (or other notice as permitted pursuant to Section 2.5(b)(i) for requesting a Swingline Loan or the borrowing shall be an Automatic Swingline Borrowing pursuant to Section 2.5(b)(ii)), and in the case of the issuance of a Letter of Credit the Issuing Bank and the Administrative Agent shall have received a timely request for the issuance of such Letter of Credit; and (d) that any such borrowing is permitted under any Senior Notes Indebtedness and/or any Senior Notes Indenture relating thereto. Each Credit Event shall constitute a certification by the Borrower to the effect set forth in the preceding sentence (both as of the date of the giving of notice relating to such Credit Event and, unless the Borrower otherwise notifies the Administrative Agent prior to the date of such Credit Event, as of the date of the occurrence of such Credit Event). In addition, the Borrower shall be deemed to have represented to the Administrative Agent and the Lenders at the time any Loan is made or any Letter of Credit is issued that all conditions to the making of such Loan or issuing of such Letter of Credit contained in this Article VI have been satisfied. Unless set forth in writing to the contrary, the making of its initial Loan by a Lender shall constitute a certification by such Lender to the Borrower and to the Administrative Agent, for the benefit of the Administrative Agent and the Lenders, that the conditions precedent for initial Loans set forth in Sections 6.1 and 6.2 that have not previously been waived by the Lenders in accordance with the terms of this Agreement have been satisfied.

  • Conditions Precedent to all Credit Extensions The obligation of Bank to make each Credit Extension, including the initial Credit Extension, is further subject to the following conditions:

  • Conditions Precedent to Each Loan and Letter of Credit The obligation of each Lender on any date (including the Closing Date) to make any Loan and of each Issuer on any date (including the Closing Date) to Issue any Letter of Credit is subject to the satisfaction of each of the following conditions precedent:

  • Additional Loan Parties (a) Notify the Agent promptly after any Person becomes a Subsidiary (other than any Excluded Subsidiary but including any Unrestricted Subsidiary being reclassified as a Restricted Subsidiary, and promptly thereafter (and in any event within fifteen (15) Business Days) if requested by the Agent, (i) cause any such Person to become a Co-Borrower or Guarantor, as applicable, by executing and delivering to the Agent a joinder agreement to this Agreement or a counterpart of the Guaranty or such other document as the Agent shall deem reasonably appropriate for such purpose, (ii) grant a perfected Lien to the Agent on such Person’s assets on the same types of assets which constitute Collateral under the Collateral Documents to secure the Obligations, and (iii) deliver to the Agent documents of the types referred to in clauses (ii) and (iii) of Section 4.3(a) and if requested by the Agent, favorable opinions of counsel to such Person (which shall cover, among other things, the legality, validity, binding effect and enforceability of the documentation referred to in clause (a)), and (b) if any Equity Interests or Indebtedness of such Person are owned by or on behalf of any Loan Party, to pledge such Equity Interests and promissory notes evidencing such Indebtedness, in each case in form, content and scope reasonably satisfactory to the Agent. In no event shall compliance with this Section 9.9 waive or be deemed a waiver or consent to any transaction giving rise to the need to comply with this Section 9.9 if such transaction was not otherwise expressly permitted by this Agreement or constitute or be deemed to constitute, with respect to any Subsidiary, an approval of such Person as a Borrower or Guarantor.

  • Amendments to Original Credit Agreement On the Effective Date, the Original Credit Agreement shall be deemed to be amended as follows:

  • Conditions Precedent to All Credit Events The obligation of each Lender to make Loans (including Loans made on the Initial Borrowing Date), and the obligation of each Issuing Lender to issue Letters of Credit (including Letters of Credit issued on the Initial Borrowing Date), is subject, at the time of each such Credit Event (except as hereinafter indicated), to the satisfaction of the following conditions:

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