Australian Collateral means: (a) all Collateral Documents governed by the laws of any state or territory of Australia, and (b) all other Liens in respect of Collateral located in any state or territory of Australia (or taken to be located in any state or territory of Australia for the purposes of any stamp duty law).
Australian Collateral means all “Collateral” or “Secured Property” as defined in any Australian Security Document.
Australian Collateral means all “Collateral” or “Secured Property” as defined in any Australian Security Document. “Australian Commitment Fee” shall have the meaning assigned to such term in Section 2.05(a).
Examples of Australian Collateral in a sentence
Such deposits shall be held by the U.S. Collateral Agent, the Canadian Collateral Agent or the Australian Collateral Agent, as the case may be, as collateral for the payment and performance of the Obligations.
In this regard, each party hereto acknowledges that (i) Xxxxxx & Xxxxxxx LLP is acting in this transaction as special counsel to the Administrative Agent and U.S. Collateral Agent only, (ii) Xxxxxx Xxxxxx Xxxxxxx LLP is acting in this transaction as special counsel to the Canadian Administrative Agent and Canadian Collateral Agent only and (iii) Xxxxxx Xxxxx Xxxxxxx is acting in this transaction as special counsel to the Australian Administrative Agent and Australian Collateral Agent only.
Each of the Lenders and the Issuing Banks hereby irrevocably appoints RBC Europe to act on its behalf as the Australian Administrative Agent and Australian Collateral Agent hereunder and under the other Loan Documents.
Upon any such resignation, the Required Australian Lenders shall have the right to appoint, on behalf of the Australian Borrower and the Lenders, a successor Australian Administrative Agent or Australian Collateral Agent, which shall be a financial institution with an office in New York City.
More Definitions of Australian Collateral
Australian Collateral means “Mortgaged Property” as defined in the Australian Deed of Guarantee and Indemnity.
Australian Collateral has the meaning assigned to the term “Collateral” in the Australian Pledge Agreement. “Australian Equity Notes” has the meaning assigned to the term “Equity Notes” in the Australian Pledge Agreement. “Australian Pledge Agreement” means the document entitled “Specific Security Deed (Equity Notes)” dated on or around the date of this Agreement between Kudu and the Administrative Agent. “Australian PPSA” means the Personal Property Securities Xxx 0000 (Cth). “Australian PPSR” means the “Personal Property Securities Register” established under section 147 of the Australian PPSA. “Availability Period” means the period commencing on the Closing Date and ending on the earlier of (i) March 23, 2024 or if an Availability Period Extension occurs pursuant to Section 2.17, the Availability Period Extension Date, and (ii) the date the Commitments are terminated in accordance with this Agreement, whether as a result of an Event of Default or otherwise, and subject to the suspension thereof upon the occurrence of an Event of Default or a Market Trigger Event. “Availability Period Extension” has the meaning given to such term in Section 2.17. “Availability Period Extension Date” has the meaning given to such term in Section 2.17. “Available Collections” means all cash Collections and other cash proceeds with respect to any Portfolio Asset deposited in any Collection Account and all other amounts on deposit in any Collection Account from time to time, but excluding Excluded Amounts.
Australian Collateral means all “Collateral” or “Secured Property” as defined in any Australian Security Document. “Australian Collateral Agent” shall have the meaning assigned to such term in the preamble hereto. “Australian Commitment Fee” shall have the meaning assigned to such term in Section 2.05(a). “Australian Corporations Act” shall mean the Corporations Act 2001 (Cth). “Australian Dollar Equivalent” shall mean, on any date of determination, with respect to any amount in U.S. dollars, the equivalent in Australian dollars of such amount, determined by the Administrative Agent using the Exchange Rate then in effect. “Australian dollars”, “AUD” and “AUD$” shall mean the lawful money of the Commonwealth of Australia. “Australian GST” shall have the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth). “Australian GST Liability” shall have the meaning assigned to such term in Section 2.19(j). “Australian Guarantee Agreement” shall mean a Deed of Guarantee and Indemnity, substantially in the form of Exhibit C-1, in favor of the Australian Collateral Agent, for the benefit of the Secured Parties. “Australian L/C Exposure” shall mean at any time the sum of (a) the aggregate undrawn amount of all outstanding Australian Letters of Credit at such time plus (b) the aggregate principal amount of all L/C Disbursements in respect of Australian Letters of Credit that have not yet been reimbursed at such time. The Australian L/C Exposure of any Australian Lender at any time shall mean its Australian Revolving Pro Rata Percentage of the aggregate Australian L/C Exposure at such time. “Australian L/C Participation Fee” shall have the meaning assigned to such term in Section 2.05(c). “Australian Lenders” shall mean Lenders having Australian Revolving Commitments, outstanding Australian Revolving Credit Loans or participations in Australian Letters of Credit pursuant to Section 2.21(d). “Australian Loan Parties” shall mean the Australian Borrower and the Australian Subsidiary Guarantors.
Australian Collateral has the meaning assigned to such term under clause (d) of the definition of “Guarantee and Collateral Requirement”.
Australian Collateral means “Secured Property” as defined in the Australian Guarantee and Indemnity Deed Poll and all other assets subject or purported to be subject to a Lien in favor of the Australian Collateral Agent pursuant to any Australian Security Documents.
Australian Collateral means all of the Australian Obligors’ right, title and interest in, to, and under all property and assets consisting of, whether now owned, held or owing to, and/or hereafter acquired by or arising in favor of any such Australian Obligor, and regardless of whether located, consisting of Inventory, receivables, Accounts and other related assets (including without limitation books, records, Documents and insurances Proceeds), all shares, stock, equity interests and other Investment Property, including the shares, stock, limited liability company, partnership and/or other similar ownership interests in any subsidiaries and/or any other Person, and any and all other assets which are subject to a Lien pursuant to the terms and conditions of any of the First Lien Facilities from time to time, and any Proceeds of any of the foregoing, in each case (subject to Section 10.09(ii) hereof) solely to the extent any such property and assets is subject to such Lien pursuant to the terms and conditions of any of the First Lien Facilities (which as of the A&R Effective Date, for the avoidance of doubt, does not include property or assets located in New South Wales or South Australia). Capitalized terms used in this definition of Australian Collateral and defined in the Code (and not otherwise defined in the Loan Documents) shall have the meaning given to them in the relevant Code.
Australian Collateral means a collective reference to the collateral which is identified in, and at any time will be covered by, the Australian Collateral Documents.