Applicable Obligor definition
Examples of Applicable Obligor in a sentence
A certificate of the Applicable Obligor (signed by a director) confirming that borrowing or guaranteeing or securing, as appropriate, the Total Commitments would not cause any borrowing, guarantee, security or similar limit binding on it to be exceeded.
Evidence that any process agent specified in such Transaction Security Document has accepted its appointment in relation to the Applicable Obligor.
A certificate of an authorised signatory of the Applicable Obligor certifying that each copy document listed in this Part III of this Schedule 2 is correct, complete and in full force and effect and has not been amended or superseded as at a date no earlier than the date of such Transaction Security Document.
A copy of the constitutional documents of the Applicable Obligor and, if applicable, statutory registers and certificates of good standing issued by the Registrar of Companies (or a certificate of the Applicable Obligor confirming that copies of the constitutional documents of the Applicable Obligor that have previously been delivered to the Agent remain true, complete and up-to-date and that such constitutional documents have not been amended or supplemented and remain in full force and effect).
If applicable, a copy of a resolution of the board of directors of the Applicable Obligor, establishing the committee referred to in paragraph 3 above.
A copy of all share certificates, transfers and stock transfer forms or equivalent duly executed by the Applicable Obligor in blank in relation to the assets subject to or expressed to be subject to the Transaction Security and other documents of title to be provided under the Transaction Security Documents.
To the extent required by law, a copy of a resolution signed by all the holders of the issued shares of in the Applicable Obligor approving the terms of, and the transactions contemplated by, such Transaction Security Document.
The MCA incorporates by reference and includes a Schedule of Definitions and Covenants (“Schedule of Definitions and Covenants”) dated of even date with the MCA and any Applicable Obligor Covenant Schedule.
Lender's obligation to disburse funds under a Loan is subject to satisfaction of all other requirements and conditions set forth in this Agreement, the Applicable Obligor Covenants Schedule and in the Facility Sheet in connection with the Loan, as determined by Lender in Lender’s sole and absolute discretion.
The Facility Agent shall treat such Sharing Payment as if it had been paid by such Applicable Obligor and distribute it between the Finance Parties (other than that Recovering Finance Party) (the “Sharing Finance Parties”) in accordance with Clause 31.6 (Partial payments) towards the obligations owing to such Sharing Finance Parties.