Applicable Borrowers or “applicable Loan Parties” means (i) with respect to any Loan to the Canadian Borrower, Letter of Credit issued for the account of the Canadian Borrower or other amounts directly attributable to the Canadian Loan Parties, the Canadian Borrower or the Canadian Loan Parties, respectively and (ii) with respect to any other amount required to be paid hereunder, the U.S. Borrowers, jointly and severally.
Applicable Borrowers means (i) with respect to all matters involving the US Facility, the US Facility Borrower, (ii) with respect to all matters involving the UK Facility, the UK Facility Borrowers, (iii) with respect to all matters involving the Canadian Facility, the Canadian Facility Borrower, and (iv) with respect to all matters involving the Australian Facility, the Australian Facility Borrowers.
Applicable Borrowers means (a) with respect to the Commitments (including any Revolving Loans and/or the Letters of Credit made (or to be made) or issued (or to be issued) thereunder), the Company and each Domestic Subsidiary designated to be a Subsidiary Borrower for such purpose pursuant to Section 2.05 (so long as such Subsidiary shall remain a Subsidiary Borrower hereunder) and (b) with respect to Section 2.04 (including the right to request Competitive Bids and to borrow Competitive Loans hereunder), the Company and each Subsidiary designated to be a Subsidiary Borrower for such purpose pursuant to Section 2.05 (so long as such Subsidiary shall remain a Subsidiary Borrower hereunder). References herein to “the Applicable Borrower” shall refer to each particular Applicable Borrower under clause (a) or (b) above which is (or shall be) the Borrower in respect of the relevant Loans or Letters of Credit.
Examples of Applicable Borrowers in a sentence
In the event the Lender subsequently recovers all or part of the payment made under this Section paid by the Applicable Borrowers, it shall promptly repay an equal amount to the Applicable Borrowers.
Notwithstanding any other provision of this Agreement, all Obligations of the Applicable Borrowers to the Lenders under the Wholesale Flooring A Facility and all the Obligations (Lithia Canada Dealers) under the Wholesale Flooring B Facility are repayable by the Applicable Borrowers to the Administrative Agent for and on behalf of the Lenders upon demand (“Demand”).
In addition, any Lender, if reasonably requested by the Applicable Borrowers or the Administrative Agent, shall deliver such other documentation prescribed by Applicable Law or reasonably requested by the Applicable Borrowers or the Administrative Agent as will enable the Applicable Borrowers or the Administrative Agent to determine whether or not such Lender is subject to backup withholding or information reporting requirements.
A certificate of the Lenders setting forth any amount or amounts that the Lender is entitled to receive pursuant to this Section 4.14 delivered to the Applicable Borrowers shall be presumptively correct absent manifest error.
A certificate as to the amount of such payment or liability delivered to the Applicable Borrowers by a Lender (with a copy to the Administrative Agent), or by the Administrative Agent on its own behalf or on behalf of a Lender, shall be conclusive absent manifest error.
More Definitions of Applicable Borrowers
Applicable Borrowers means U.S. Borrowers and/or the Canadian Borrower, as the context requires.
Applicable Borrowers means (a) with respect to all matters involving the US Facility, the US Facility Borrowers and (b) with respect to all matters involving the Offshore Facility, the Offshore Facility Borrowers.
Applicable Borrowers means (a) with respect to matters relating to US Revolving Loans and Letters of Credit issued for the benefit of the US Borrowers and other matters relating to the US Credit Agreement, the US Borrowers, and (b) with respect to matters relating to UK Revolving Loans and Letters of Credit issued for the benefit of the UK Borrower and other matters relating to the UK Credit Agreement, the UK Borrower.
Applicable Borrowers means, with respect to any Borrowing, Credit Facility or any other obligation hereunder or any matter pertaining or relating to such Borrowing, Credit Facility or other obligation, the Borrowers that are permitted to borrower under such Borrowing or Credit Facility or are otherwise the primary obligors with respect to such other obligation, and “Applicable Borrower” means any one of such Borrowers (15) (14) “Applicable Law” means (a) any domestic or foreign statute, law (including common and civil law), treaty, code, ordinance, rule, regulation, restriction or by-law (zoning or otherwise); (b) any judgment, order, writ, injunction, decision, ruling, decree or award; (c) any regulatory policy, practice, guideline or directive; or (d) any franchise, licence, qualification, authorization, consent, exemption, waiver, right, permit or other approval of any Governmental Authority, binding on or affecting the Person referred to in the context in which the term is used or binding on or affecting the property of such Person, in each case whether or not having the force of law. (16) (15) “Applicable Margin” shall have the meaning given to it in Section 4.3. (17) (16) “Applicable Percentage” means for any Lender the percentage of each Credit Facility set forth opposite each Lender’s name in Schedule 1.1(1617) . If any Credit Facility has terminated or expired, the Applicable Percentages shall be the percentage of the total outstanding Loans represented by such Xxxxxx’s Loans for such Facility. (18) (17) “Approved Fund” means any Fund that is administered or managed by (a) a Lender, (b) an Affiliate of a Lender or (c) an entity or an Affiliate of an entity that administers or manages a Lender. (19) (18) “Assignment and Assumption” means an assignment and assumption entered into by a Xxxxxx and an Eligible Assignee and accepted by the Administrative Agent, in substantially the form of Schedule 1.1(1819) or any other form approved by the Administrative Agent. (20) (19) “Associate” has the meaning given to it in the Canada Business Corporations Act. (21) (20) “Bankruptcy Event” means, with respect to any Person, such Person files a petition or application seeking relief under any Insolvency Law or becomes the subject of a bankruptcy or insolvency proceeding, or has had an interim receiver, receiver, receiver and manager, liquidator, sequestrator, conservator, trustee, administrator, custodian, assignee for the benefit of creditors or similar Person charged with reorganiz...
Applicable Borrowers or “applicable Loan Parties” means with respect to any amount required to be paid hereunder, the Borrowers, jointly and severally.
Applicable Borrowers or “applicable Loan Parties” means (i) with respect to any Canadian Revolving Credit Loan to the Canadian Borrower or other Canadian Obligations directly attributable to the Loan Parties in respect of such Canadian Revolving Credit Loan to the Canadian Borrower, the Canadian Borrower or the Loan Parties, respectively, (ii) with respect to any Canadian Revolving Credit Loan to the U.S. Borrower or other U.S. Obligations directly attributable to the U.S. Loan Parties in respect of such Canadian Revolving Credit Loan to the U.S. Borrower, the U.S. Borrower or the U.S. Loan Parties, respectively, and (iii) with respect to any other U.S. Obligations hereunder, the U.S. Borrower or the U.S. Loan Parties, respectively. “Applicable Fee Rate” means (i) until the end of the first full fiscal quarter commencing after the Closing Date, 0.375% per annum and (ii) thereafter (x) so long as no Default or Event of Default has occurred and is continuing, the applicable percentage per annum set forth below determined by reference to the average daily Revolving Credit Exposure for the immediately preceding fiscal quarter: - 4- CG&R Draft Current date: 03/02/2023 10:05 AM 63515514v23CG&R Draft Current date: 03/01/2023 4:17 PM 70014411v6
Applicable Borrowers or “applicable Loan Parties” means (i) with respect to any Canadian Revolving Credit Loan to the Canadian Borrower or other Canadian Obligations directly attributable to the Loan Parties in respect of such Canadian Revolving Credit Loan to the Canadian Borrower, the Canadian Borrower or the Loan Parties, respectively, (ii) with respect to any Canadian Revolving Credit Loan to the U.S. Borrower or other U.S. Obligations directly attributable to the U.S. Loan Parties in respect of such Canadian Revolving Credit Loan to the U.S. Borrower, the U.S. Borrower or the U.S. Loan Parties, respectively, and (iii) with respect to any other U.S. Obligations hereunder, the U.S. Borrower or the U.S. Loan Parties, respectively.